malpractice is any single or repeated act of intentional or
committed by a nursing home professional that has the
potential to cause physical, mental, or psychological
harm to nursing home residents. Any commission or
omission of an act that harms a patient may be
considered nursing home abuse.
In New York, nursing home negligence often comes under the category
of elder abuse and is widespread throughout the
United States. Approximately 1.7 million people are
cared for in nursing homes every year and it is
estimated that a quarter of
all Americans will receive long term care at some point
in their lifetime.
Thousands of nursing home residents die from starvation,
dehydration, or bedsores each year and all three of these conditions
are a result of nursing
Unfortunately nursing home abuse comes in all sizes and flavors. These
include: improper care, verbal or emotional abuse,
neglect, or physical negligence.
Nursing home negligence can take many forms such as:
Home health attendants who
negligently drop a patient
Patients who are burned by scalding
Falls from wheel chairs
Falls from beds where railing was
not placed in an upward and locked position or where
the patient was left unattended in an unsafe
Improper or insufficient care which
bedsores or dehydration
Patients who injure themselves by
trying to get up by themselves because they couldn't
Slips and falls due to premises
liability such as: broken or slippery floors, loose
cords, clutter, etc.
With the Care Facility May Be Due To:
trained, poorly paid, or insufficient nursing staff
responses to questions about nursing home care
Sometimes, staff members have a history of violence.
Other times, staff members are poorly qualified or
not trained adequately.
The New York Law Firm of Hill & Moin LLP focuses on cases of
physical negligence, general neglect and medical
negligence in nursing homes and care facilities. If
you suspect that your friend or loved one is a victim of
any of the following, contact
us now to discuss the details in confidence.
Physical Negligence is the neglect of an elderly person that results in
physical pain, injury, or impairment. Potential signs of physical abuse
Any incident involving accidently
broken bones -
reports of being slapped or mistreated
Signs of assault such as unexplained
abrasions, cuts, burns, bruises, swelling, scars, etc.
Unexplained/hidden or internal injuries
Inappropriate use of restraints - often evidenced by
marks on the patients wrists or arms.
Prolonged or continual deprivation of food or water
Pushing, shaking, beating of an elderly resident
older person to stay in a room
Physical impairment that the
caretaker cannot adequately explain
Hitting, slapping, pinching
or kicking of an elderly resident
and unclean conditions
assist in personal hygiene, or in the provision of
food, clothing, or shelter
Any injury or death occurring during or shortly
after an episode of wandering (including outside the
facility) when the staff is not aware that the
resident is missing for some period of time
urine and/or feces
appearance or poor
for the necessities of daily living
inexplicable weight loss
protect from health and safety hazards
Heavy medication or sedation
physical problems, such as bed sores
of care for existing medical problems
prevent dehydration, or malnutrition
Lack of proper care causing repeated infections
Not providing timely
access to medical services
thru distribution of too much or too little
Common Signs of
temperament or behavior in the elder
Frequent arguments or tension between the caregiver and the
Staff refusing to allow visitors to see resident or
in allowing visitors to see resident
Injuries requiring emergency treatment or
Unexplained or unexpected death of the resident
Resident is frequently ill, and the illnesses are
not promptly reported to the physician and family
Prescriptions that have more remaining than they
Family members often place their trust and
confidence in a nursing home to care for an elderly
relative. Too often, nursing homes place their
drive for profits above the needs and rights of
The problem often lies in the residents inability to
clearly communicate with family members. Many of the
elderly suffer from Alzheimer's, dementia and normally
declining memory function. Some are threatened by staff
As the nursing shortage becomes a bigger problem, many
of these facilities hire staff through temporary
The laws on nursing home abuse have allowed repeat offenders to be re-staffed,
continuing the cycle of abuse.
Unfortunately, deaths and serious
injuries have resulted from nursing home neglect and
abuse. If you suspect that your friend or relative is a
victim of nursing home neglect you should immediately
report the problem to the nursing home’s attention. The
nursing home should act promptly and if the problem
does not subside government assistance is available.
The New York State Department of Health Nursing Home
Complaint hotline is 1-888-201-4563 and can be
called 24 hours a day, 7 days a week. For more
information, go to http://www.nyhealth.gov/facilities/nursing/complaints.htm.
residents are hesitant to disclose instances of nursing
home abuse out of fear that the abuse will get worse or
because they do not want to burden their families. Some
residents may not even be able to communicate that
nursing home abuse is occurring due to physical or
mental limitations. If there are any signs or indicators
that nursing home abuse is present, immediate action
should be taken.
The elderly are often frail and vulnerable to
mistreatment by nursing home staff members. When you
feel that your loved one is being abused or neglected,
confront the nursing home authorities to alert them of
your concern. While this must be done, it often
produces no results.
Nursing home residents do have
legal rights, and this type of inhumane treatment cannot
be tolerated. If this happens to you or a loved one,
Contact us today for a
Preventing elder abuse means doing a few simple things
to seniors and their caregivers
Intervening when you suspect elder abuse
others about how to recognize and report elder abuse
Take a look at the elder’s medications. Does the amount
in the vial jive with the date of the prescription?
Call and visit as often as you can.
What can you do as a concerned friend or family member?
Watch for warning signs that might indicate elder abuse.
If you suspect abuse, report it and take appropriate
about your rights!