According to the Centers for Medicaid and Medicare Services (CMS), nursing home residents have many rights and protections, and violations of these are considered nursing home abuse.
A few types of nursing home abuse could support a claim against the abuser, the facility, and the facility’s administration. This includes:
- Physical abuse
- Emotional abuse
- Sexual abuse
Is Neglect of a Resident Nursing Home Abuse?
It comes as a surprise to some that neglect may be considered nursing home abuse.
Many people commonly see signs of neglect and believe they are just a part of living in a nursing home. Many facilities are overcrowded or understaffed, creating problems when it comes to caring for all residents.
Your loved one should not:
- Go without meals or medication
- Be overmedicated to keep them in a daze
- Be prevented from engaging with others
- Develop pressure sores regularly
They should always have:
- Clean clothing and bed linen
- Help with getting up and into their wheelchair or walker as needed
- Their eyeglasses, hearing aids, or other assistive devices, if needed
They should always receive medical care when necessary. Unfortunately, nursing home abuse occurs regularly across the United States. In fact, many seniors are victims of neglect or abuse.
According to the National Center on Elder Abuse (NCEA), about one out of every 10 seniors suffers abuse or neglect in their final years. However, they admit it is very difficult to track these statistics, so the full impact is unknown.
According to a study published by the Journal of the American Geriatrics Society, some common serious health concerns affecting elderly adults increase their risk of experiencing abuse. For example, almost half of all seniors diagnosed with dementia suffer some type of caregiver abuse.
Other Types of Nursing Home Abuse in New York
While neglect is the most common type of nursing home abuse, this does not mean residents are not hurt or taken advantage of in other ways.
Physical abuse may involve hitting or shoving someone. It may also come in the form of unnecessary restraints to keep them in bed, holding them down against their will, or other actions that have no medical need yet cause them injuries.
Emotional or psychological abuse of a nursing home resident can appear as bullying, ignoring, threatening, or embarrassing them. For example, they may threaten to withhold food or services to a resident, who is unable to help themself. Often emotional abusers will not allow the resident to be alone with their family members. They may also take other steps to prevent being reported.
Sexual abuse can range from rape to taking inappropriate pictures or even the abuser exposing themselves to the senior adult. It is important to note that staff and volunteers should never have a sexual relationship with a resident. Many residents are incapable of giving consent to a relationship of this nature.
Other Ways Nursing Home Staff May Take Advantage of Your Loved One
Nursing home staff, volunteers, or others may also take advantage of residents financially. There are many ways this can occur, but nursing home residents always have the right to manage their finances or select a family member to do it for them.
They also have a right to see and understand what they are being billed for, and other questions they have about the cost of services should be answered.
Pursuing a Nursing Home Abuse Case on Long Island
If your loved one suffered injuries and financial harm resulting from an incident or ongoing neglect or abuse in their long-term care facility, they may have a viable case for compensation. It may be possible to recover monetary damages for:
- Medical treatment of their injuries
- Psychological counseling
- Moving to another facility
- Pain and suffering and mental anguish
You may want to contact an attorney on Long Island who represents families in this type of case. They will know how to proceed with a nursing home abuse case on behalf of your loved one or a wrongful death action if your loved one died from their injuries.
Meet with the Rosenberg & Gluck, L.L.P., Nursing Home Abuse Team for Free
At Rosenberg & Gluck, L.L.P., we provide complimentary consultations to families who may have experienced abuse or neglect of a loved one in a Long Island nursing home. We have Spanish speaking team members who can assist you in Spanish throughout this process if needed.
You can reach our team today at (631) 451-7900. We pursue nursing home abuse cases on Long Island based on contingent fees. Your family will not need to pay attorney’s fees to our team unless we secure a financial recovery for you.