You can report nursing home abuse in a number of ways, including:
- Calling New York State’s Nursing Home Complaint hotline by dialing 1-888-201-4563.
- Filling out a Nursing Home Complaint Form provided by the New York State Department of Health (DOH).
- Notifying the nursing home facility where you or your loved one is a resident.
Filing a complaint or letting someone know that abuse is taking place can be an intimidating or scary situation, but it is a good first step in seeking protection for you or your loved one who is a nursing home resident.
What Happens After You File a Report
If you file a complaint with New York’s Nursing Home Complaint hotline, then the Centralized Complaint Intake Unit will review the complaint and determine the appropriate action to take.
The next step usually involves an investigation to determine what happened and whether the nursing home facility in question allowed abuse to happen on the premises. This investigation may involve:
- Reviewing medical records
- Reviewing other facility records
- Other onsite activities
After the investigation, the authorities will determine whether the facility violated any state or federal requirements. If they find that a violation happened, then the nursing home may be issued a citation.
Types of Nursing Home Abuse
Many different types of nursing home abuse can take place. If you are unsure about whether you or your loved one has been subjected to abuse, it is a good idea to err on the side of caution and make a report.
Here are a few examples of nursing home abuse:
- Neglect: This includes failing to provide basic care like assistance with dressing, eating, or bathing, and access to appropriate medication.
- Physical abuse: Any act of violence that results in harm to the resident, such as kicking, pushing, shoving, hitting, slapping, and more.
- Sexual abuse: This includes inappropriate touching, rape, intimidation, and more.
- Emotional abuse: This includes acting in a way that causes the resident to suffer mental and emotional anguish. Emotional abuse may include cruel words or preventing the resident from contacting loved ones.
- Financial abuse: This involves exploiting a patient for the purposes of financial gain, such as influencing a resident to change their will or estate plan.
- Abandonment: This includes completely ignoring the resident and failing to take any responsibility for their well-being.
- Self-neglect: This includes situations where the resident no longer provides for their own safety and well-being, requiring someone to intervene.
Abuse can happen in other ways. These are just a few examples. If you think that you or a loved one is experiencing abuse in a nursing home, file a report now.
Nursing Home Responsibilities
New York takes nursing home safety and welfare very seriously and gives nursing home residents several rights, according to the DOH.
These rights include the right to quality care and a respectful living environment. The state also specifically gives residents the right to be free from abuse of any type. Nursing homes are even required to post information in their facilities about these rights so that residents are aware of them.
Under New York State and federal law, nursing home facilities have many responsibilities when it comes to keeping nursing home residents safe, protecting them from abuse, and addressing their basic needs. Facilities are required to go through routine inspections to make sure that they are complying with these rules.
Your Right to Sue for Nursing Home Abuse
If you or a loved one suffered abuse in a nursing home resulting in injuries, you might be able to file a civil lawsuit against the facility to recover compensation for your injuries and damages. This process is separate from any citations or criminal charges that the facility may face for failing to provide a safe environment for a resident.
A nursing home abuse insurance claim or lawsuit may allow you to recover compensation for:
- Current and future abuse-related medical treatment
- Pain and suffering
- Other types of damages
Learn More About Bringing a Lawsuit Against a Nursing Home
To find out more about how you can report nursing home abuse or bring a civil case, contact Rosenberg & Gluck, L.L.P. today. We represent victims of nursing home abuse on Long Island and the larger metropolitan area.
Our firm offers a free consultation to help you learn more about the services that we provide and whether you may be entitled to compensation. Dial (631) 451-7900 to get started. We help clients in Spanish and English.