Nursing home negligence refers to the failure of a nursing home, its staff, or its administration to provide an adequate level of care and attention to residents, resulting in harm or injury. It can include acts of commission (doing something that causes harm) or acts of omission (failing to do something that would have prevented harm).
While nursing home negligence cases share some similarities with ordinary negligence cases, there are some key differences explained below.
There are many types of Nursing Home Negligence cases in New York City, including:
Medical negligence: This type of negligence occurs when a nursing home or its staff fails to provide proper medical care, including diagnosis, treatment, and medication management. Examples include medication errors, failure to monitor a resident's medical condition, or inadequate treatment of injuries or illnesses.
Neglect: Neglect involves a failure to provide necessary care, attention, or supervision to residents, which can result in harm or injury. Examples include inadequate assistance with daily activities (such as bathing, dressing, or eating), lack of supervision leading to falls or wandering, and failure to provide a safe and clean living environment.
Bedsores or pressure ulcers: Bedsores, also known as pressure ulcers, can develop when a resident is left in the same position for too long without being repositioned or turned. Nursing homes have a duty to monitor residents for bedsores and take steps to prevent and treat them. Failure to do so can result in serious harm to the resident and may be considered negligence.
Malnutrition and dehydration: Nursing home residents require proper nutrition and hydration to maintain their health. Negligence in this area can involve failure to provide appropriate meals, inadequate monitoring of residents' food and fluid intake, or insufficient assistance with eating and drinking.
Falls and injuries: Falls are a common cause of injury among nursing home residents. Nursing homes have a duty to assess residents for fall risks and implement appropriate measures to prevent falls, such as installing grab bars, providing assistive devices, and offering adequate supervision. Failure to take such precautions can result in negligence.
Physical or chemical restraints: The inappropriate use of physical or chemical restraints (such as sedatives or antipsychotic medications) on residents can be considered a form of negligence, particularly if it results in harm or is used without a valid medical reason.
Emotional or psychological abuse: Nursing home staff are expected to treat residents with dignity, respect, and compassion. Emotional or psychological abuse, such as verbal insults, humiliation, or isolation, can have serious consequences for a resident's well-being and may be considered a form of negligence.
Financial exploitation: Nursing home staff have a duty to protect residents from financial exploitation, which can include theft, fraud, or misuse of a resident's funds or property. Failure to prevent or address financial exploitation can be considered negligence.
While nursing home negligence shares some similarities with ordinary negligence, there are some key differences:
1. Duty of care: Nursing homes and their staff have a heightened duty of care to their residents compared to the general duty of care in ordinary negligence cases. This heightened duty arises from the vulnerable nature of nursing home residents and the fact that they depend on the nursing home for their care and well-being. New York State and federal laws establish specific regulations and standards for nursing homes, which may include requirements related to staffing levels, medical care, hygiene, nutrition, and other aspects of residents' care.
2. Types of harm: Nursing home negligence can encompass a wide range of harms that may be unique to the nursing home setting. Examples include inadequate medical care, malnutrition, dehydration, bedsores, medication errors, lack of supervision, and inadequate assistance with daily activities such as bathing, dressing, and eating.
3. Specific laws and regulations: Nursing homes in New York are subject to both state and federal laws and regulations governing their operation and the care they provide to residents. These regulations may establish specific standards of care and reporting requirements that are not applicable in cases of ordinary negligence. Violation of these regulations can serve as evidence of negligence in a legal claim.
4. Legal claims: In addition to negligence claims, nursing home residents or their families may also have other legal claims at their disposal, such as breach of contract, violations of New York's Public Health Law, and intentional acts like abuse or assault. The specific claims available will depend on the circumstances of the case.
5. Statute of limitations: The time frame for filing a lawsuit (statute of limitations) may differ for nursing home negligence cases compared to ordinary negligence cases. In New York, the statute of limitations for personal injury claims (including ordinary negligence) is typically three years from the date of the injury, while the statute of limitations for medical malpractice claims is two and a half years from the date of the injury or the end of continuous treatment. The appropriate statute of limitations for a nursing home negligence claim will depend on the specific circumstances and nature of the claim.
If you suspect that a family member was injured while a resident of a nursing home in New York, there are steps you can take before meeting with an attorney. However, these steps should not replace the advice and guidance of a legal professional.
1. Gather information: Collect all relevant documentation and information related to your family member's stay at the nursing home, such as admission records, medical records, care plans, and any correspondence with the nursing home staff or administration. This information can help your attorney understand the situation and evaluate your potential case.
2. Document the injuries: Take photographs of any visible injuries, and keep records of any medical treatments or evaluations related to the injury. This documentation can serve as valuable evidence in a potential negligence claim.
3. Speak with the nursing home staff: Communicate your concerns with the nursing home staff or administration to understand their perspective on the situation and to give them an opportunity to address your concerns. Make sure to take detailed notes of your conversations and any actions taken by the nursing home in response.
4. Report the incident: Depending on the severity and nature of the injury, you may need to report the incident to the appropriate authorities. In New York, you can file a complaint with the New York State Department of Health, which oversees nursing home regulation and enforcement. You can contact their Nursing Home Complaint Hotline at 1-888-201-4563 or visit their website for more information on filing a complaint.
5. Talk to witnesses: If there were other residents, family members, or staff who witnessed the incident or have information related to your concerns, try to speak with them and gather their contact information. Their testimony might be helpful in supporting your case.
6. Keep a journal: Write down any observations, conversations, and actions taken by you or the nursing home in relation to your family member's injury. This journal can help ensure that important details are not forgotten and can serve as a record of the events.
7. Research nursing home regulations: Familiarize yourself with the state and federal regulations governing nursing homes in New York. This can help you understand the standards of care that nursing homes are expected to meet and whether the nursing home in question may have violated these regulations.
Please note that these steps are general suggestions and should not replace the advice of a legal professional. If you suspect nursing home negligence, it is important to consult with an attorney who specializes in nursing home negligence cases. They can guide you through the process and ensure that you are taking the appropriate steps to protect your family member's rights and well-being.
