Filing a Nursing Home Abuse Lawsuit

Filing a nursing home abuse lawsuit is a legal step taken when a resident suffers harm due to neglect, mistreatment, or intentional abuse. These lawsuits aim to hold nursing homes accountable for failing to provide proper care. In New York, victims or their families may be entitled to compensation for medical costs, pain, suffering, and other related damages.

Centers for Care recently agreed to pay $45 million after New York Attorney General Letitia James accused the company of stealing over $83 million in taxpayer funds, resulting in severe neglect, unsanitary conditions, and inadequate care in four of its nursing home facilities in the Bronx, Erie, Queens, and Westchester counties. 

Often, in unfortunate circumstances, families may wish to take legal action against nursing home abuse. At this time, seeking legal help from a nursing home abuse lawyer might be in your best interest.

New York Nursing Home Laws

Nursing homes are governed by state and federal laws to ensure patient safety and care:

Federal Laws

• Nursing Home Reform Act (NHRA)- 1997: This law sets the minimum standards for nursing homes that receive Medicare or Medicaid funding. Key provisions include providing care to maintain or improve a resident’s physical and mental condition and protect residents from abuse, neglect, restraints, etc.
• Health Insurance Portability and Accountability Act (HIPAA): Resident’s personal health information
• Affordable Care Act (ACA): Requires nursing homes to report ownership and staffing, etc.
• Elder Justice Act: Prevents elder abuse, neglect, and exploitation.

New York State Laws

• New York Public Health Law: Governs the licensing, operation, and oversight of nursing homes in New York.
• New York State Patients’ Bill of Rights: This bill gives residents the right to dignity, privacy, and respect, the right to make decisions about their care, and the right to access medical records and information about their condition.
• Mandatory reporting: Staff and administrators must report suspected abuse to NYSDOH and law enforcement.
• Safe staffing laws: New York requires residents to get at least 3.5 hours of direct care per day, with penalties for not meeting staffing requirements.

Are Your or Your Loved One’s Rights Being Violated? What Is Nursing Home Abuse?

Here are the types of nursing home abuse to watch out for:

• Physical abuse: Using physical force to harm the resident, including hitting, slapping, misusing restraints, force-feeding, or withholding food. Warning signs may include unexplained bruises and sudden behavior changes like flinching or fearing caregivers.
• Emotional abuse: Any action or word that can cause emotional distress. Watch for withdrawal, depression, or sudden changes in mood and behavior.
• Sexual abuse: Any non-consensual sexual act or exploitation of a resident, like unwanted touching or groping, forcing a resident to perform sexual acts, or taking sexually explicit photos of a resident.
• Financial abuse: Refers to the illegal or improper use of a resident’s assets. Look for sudden changes in financial accounts.
• Neglect: The failure of caregivers or administrators to provide necessary care that results in harm or risk to a patient.

What Can I Do to Stop the Abuse?

If you spot nursing home abuse, there are a few steps you should take. First, report the abuse to local law enforcement, who may investigate and confirm it. You can also report to the local protective agency to start an investigation.

If you believe the nursing home abused your loved one, you can sue them for compensatory and punitive damages. Hiring the services of a skilled lawyer at this time can turn the tide in your favor. They will review your case to determine if the administration is liable for damages. If so, they will help you file a lawsuit. This can help you get compensation for what you’re owed and prevent such incidents from happening in the future. 

Conclusion

State and federal laws govern New York nursing homes. These laws help protect the rights of the residents of nursing homes. If a resident’s rights are being exploited or if the resident is experiencing abuse, you can take legal action against the nursing home to help protect your or your loved ones’ rights.