After you make the difficult decision to place your loved one in a nursing home, you reasonably expect the home to provide the skilled nursing care you have arranged. If your loved one has complained of medical negligence or nursing home abuse, you must take swift action to prevent it.
Nursing home neglect can lead to your loved one’s physical deterioration. The nursing home negligence lawyers at Powers & Santola, LLP, want to protect their well-being and dignity. Contact us today to discuss your legal rights and options.
Defining Medical Negligence in Nursing Homes
Nursing home medical negligence or malpractice occurs when a nursing home or its employee fails to provide proper medical treatment to a resident, causing them harm. It is a form of nursing home neglect or abuse. This negligence can take many forms, including failing to provide adequate medical treatment, necessary medication, or prevention measures that could prevent serious medical conditions from arising.
Nursing home residents rely on nursing homes for their daily care and help with their activities of daily living, including bathing, grooming, and other basic needs. These needs are sometimes unmet, which may amount to medical negligence when the patient suffers harm from substandard care.
Why Does Medical Negligence Occur in Nursing Homes
Nursing home medical negligence and abuse sometimes occur because residents are unable to communicate about the lack of care they are receiving. Nursing home aides may forget about them, fail to communicate with other providers about their care, or cut corners because they are fatigued. Many nursing homes are understaffed, which can further contribute to these problems.
Legal Protections for Nursing Home Residents
Sadly, nursing home neglect is a rampant problem. Lawmakers in New York have tried to combat this issue by passing several laws to protect nursing home residents. Some key laws to be aware of include:
P.B.H. Law § 2828
P.B.H. Law § 2828 mandates how nursing homes must allocate their budgets. It requires nursing homes in New York to spend at least 70% of their revenue on direct resident care, including at least 40% on resident-facing staff. Of the total 40%, 15% can be contracted out to registered professional nurses (RNs), licensed practical nurses (LPNs), or certified nurse aides (CNAs).
P.B.H. Law § 2899-A
P.B.H. Law § 2899-A requires nursing homes to conduct pre-employment background checks on potential new hires to reveal any history of abuse or criminal convictions.
P.B.H. Law § 2895
P.B.H. Law § 2895 requires nursing home facilities to provide adequate and proper care. Services should be related to the “caliber of training and experience of the persons administering such facilities.” New York law establishes education, training, and experience standards for nursing home workers and administrators.
P.B.H. Law § 2895-B
P.B.H. Law § 2895-B provides minimum staffing levels for New York nursing homes, which includes average staffing hours of at least 3.5 hours of care per resident daily.
P.B.H. Law § 2803-C
P.B.H. Law § 2803 provides for the inspection of medical facilities to ensure they provide proper care to patients.
P.B.H. Law § 2803-C proclaims several rights to residents in New York nursing homes, including the right to:
- Exercise their religious beliefs, including the right to independent personal decisions and choices about their health and prolonging their health
- Have private communications with their physician, attorney, and other people
- Present grievances without fear of reprisal
- Manage their own financial affairs or have an accounting at least quarterly of any financial transactions the medical facility makes on their behalf if they have delegated this right to the nursing home
- Receive adequate and appropriate medical care
- Be fully informed of their medical condition and proposed treatment
- Refuse medication and treatment after being advised of it and its consequences
- Have privacy in treatment and caring for their personal needs
- Have security in storing personal possessions
- Receive courteous, fair, and respectful care and treatment and a written statement of services
- Be free from mental and physical abuse and physical and chemical restraints unless medically necessary in case of an emergency
- Receive a statement of the facility’s regulations
- Receive kosher or halal food upon request
Nursing home residents must receive a copy of these rights. These rights should also be posted in a conspicuous place.
P.B.H. Law § 2801-D
P.B.H. Law § 2801-D provides a cause of action for victims of nursing home neglect or abuse if any of these laws are violated. This is in addition to any negligence claim the nursing home neglect victim files.
Common Forms of Negligence in Nursing Homes
Sadly, nursing home negligence occurs in many forms. These forms can all lead to patient harm:
- Physical negligence – This is the failure to assist patients with personal hygiene, nutrition, or mobility.
- Medication errors – This type of medical negligence occurs when nursing home staff gives the wrong type or dosage of medication to a patient. It can also occur when the patient receives no medication or is purposefully overmedicated.
- Dehydration or malnutrition – Nursing home patients who do not receive adequate food or nutrition can suffer serious medical complications.
- Improper supervision – Improper supervision occurs when nursing home administrators do not properly monitor residents or staff, which can lead to residents wandering off-site, falling, or being injured.
- Understaffing – Understaffing is a leading cause of nursing home patient injury. Patients may not receive timely care, leading to pressure ulcers, hygiene problems, and delayed responses in case of emergency.
- Negligent hiring – Negligent hiring results in unqualified or dangerous staff being hired, placing residents at risk of harm.
- Insufficient training – Nursing homes may fail to provide proper training to their staff, which can increase the likelihood of a mistake being made that affects their health.
- Financial exploitation – When nursing homes misuse a patient’s funds, they can leave them without the necessary financial resources to pay for the care they need.
If you suspect any of these forms of negligence has harmed your loved one, let a nursing home negligence attorney from our law firm evaluate your case during a free, no-obligation case review.
Common Warning Signs of Nursing Home Medical Negligence
Some signs that may indicate the presence of medical negligence include:
- Unexplained injuries or use of restraints
- The presence of bed sores
- Malnutrition or dehydration
- Poor hygiene
- Uncleaned clothing
- Smells of urine or feces
- Soiled linens or clothing
- Unkempt living quarters
- Unsanitary conditions in common areas
- Unexplained weight loss
- Delivery of the wrong medication or missing medication doses
- Behavior changes, including regressive actions
- Unexplained mood swings
- Avoidant behaviors
- Social withdrawal
- Infections
- Unexplained missing personal items or funds
If you recognize these warning signs in your loved one’s situation, you can take necessary action to protect them. Contact our experienced personal injury attorneys to learn more about how we can help.
How to Report and Address Nursing Home Negligence
If your loved one has reported abuse to you or you suspect they are not receiving appropriate medical care in a nursing home, it is essential to report this information to authorities so the problem can be corrected.
The primary organization responsible for nursing home oversight in New York is the New York State Department of Health Centralized Complaint Intake Unit. You can complete the Nursing Home Complaint Form to file an official complaint and report your suspicion of nursing home abuse or neglect.
You can also report nursing home negligence to the New York Long Term Care Ombudsman, who may be able to investigate the matter.
Taking legal action against a nursing home plays a crucial role in advocating for the rights of nursing home residents and preventing future harm. Our law firm helps raise awareness and combat the rampant problem of nursing home neglect and abuse, helping to drive system reforms to improve patient care and safety standards in long-term care facilities. Contact our personal injury lawyers today to learn more about how we can help.
Case Examples and Outcomes
Unfortunately, nursing home abuse and neglect are all too common. According to the World Health Organization, about one in six people age 60 or older experienced some form of abuse in community settings during the past year.
New York State fined a Southampton nursing home in 2023 $10,000 after a nonverbal woman with Alzheimer’s disease was sexually assaulted by a nursing home aide. Another facility was fined for repeatedly failing to follow medication protocol. Collectively, New York nursing homes were fined $148,000 by the state for similar violations, in addition to other federal penalties.
Understaffing is a commonly cited reason for allegations of abuse and neglect. The American Health Care Association released a report in 2024 that found that 72% of nursing homes nationwide reported having smaller workforce levels than before the pandemic. 94% of facilities find it difficult to recruit new staff.
The New York Attorney General filed a lawsuit against the largest health vendor in New York State, claiming that the nursing home woefully understaffed its facilities while raking in millions of dollars from Medicaid. The lawsuit alleges that nursing home residents were left covered in feces and other waste while waiting hours for staff to assist them. Many developed bed sores. Residents’ call bell requests went unanswered. The suit alleges that the patient mistreatment resulted in the deaths of many nursing home patients, severe dehydration and malnutrition, and preventable infections. The nursing home denies the allegations. The case is ongoing.
What Damages Can We Recover in a Medical Negligence Case?
Some of the types of damages you may be able to recover in a medical negligence case of this nature include:
- Medical bills, including hospitalizations, prescriptions, and medical equipment and devices
- Estimated ongoing medical care costs
- Pain and suffering
- Emotional distress, mental anguish, and other non-economic damages
In cases involving egregious misconduct, it may be possible to recover punitive damages. A knowledgeable attorney can review your case and explain the financial damages available. We will seek maximum compensation from the liable parties.
How Can a Nursing Home Abuse Lawyer Help Me?
A nursing home negligence lawyer can review your case and explain your legal rights and options based on your specific situation. They can investigate if other instances of medical negligence have occurred and identify all responsible parties.
They can work with medical experts to develop the evidence necessary to establish your claim, including obtaining expert testimony that explains the applicable standard of care for the situation and how your loved one’s healthcare provider fell below the quality of care they should have received.
An experienced attorney can handle communications with the nursing home and their insurance company and take steps to protect your loved one. They can also help with settlement negotiations, fighting for a fair settlement for you and your loved one. Ultimately, your attorney guides you through the legal process, develops a customized legal strategy for your case, and pursues fair compensation against negligent facilities.
What Is the Filing Deadline in a Medical Negligence Case?
New York has a 2.5-year statute of limitations for most medical malpractice cases. If you fail to file your personal injury lawsuit within this timeframe, any case you later file may be dismissed. Protect your legal rights by reaching out to an experienced lawyer today.
Contact Us Today for a Free, No-Obligation Consultation
Realizing that a nursing home has failed to provide the proper care your loved one deserves and has the legal right to can be devastating. The nursing home neglect lawyers at Powers & Santola, LLP want to help protect your loved one’s well-being, health, and dignity. We provide compassionate representation to all of our clients.
We can discuss your case during a free case review. Learn more about your right to pursue compensation when you contact us today or call us at (315) 509-3430.
