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Long Island is home to tens of thousands of nursing home residents who rely on around-the-clock medical and personal care to make it through each day. Although some nursing home patients can eat and bathe themselves without any assistance, many others require aid for even these very basic and simple tasks. While it is true that there are reputable nursing homes known for providing quality care to residents, the truth remains that others do not. The nursing home and long-term care industry must identify and correct such problems. Until then, however, those whose loved ones are under the care of such homes must remain vigilant to the risk of harm, including — but certainly not limited to — physical and emotional abuse, general neglect, and failure to provide proper and adequate medical care.
When nursing home residents suffer from abuse, neglect and medical negligence, they should have recourse for holding the nursing home and any wrongdoers accountable for their actions. At Parker Waichman LLP, our Long Island nursing home abuse and neglect attorneys truly understand just how devastating nursing home injuries can be, whether physical or emotional. You can trust that our legal staff has the experience to handle your case and ensure you receive the legal representation you deserve
Many individuals may find themselves in nursing homes when they are no longer able to live alone and have no other home to turn to. As such, these individuals should feel safe and comfortable where they live. Having to endure suffering caused by abuse and neglect in the nursing home residence setting is unacceptable and should not be tolerated. The nursing home population is one of the most, if not the most vulnerable population and they should be treated with respect and dignity, with the care they were promised and paid for.
A group of senators has released a list of nursing homes that have been found to have ongoing issues with quality of care. These nursing homes have a pattern of poor care and have been recommended for added scrutiny from the federal government and the state governments where they are located. Two of the facilities on the list are on Long Island.
The Senate report shows that 400 nursing homes in the United States have been flagged as having persistently inadequate care. These nursing homes have been recommended for special scrutiny, but have not qualified for heightened attention from the federal government. Two of the facilities, Medford Multicare Center and Townhouse Center for Rehabilitation and Nursing, are on Long Island.
Both of these facilities have histories of poor ratings with the state and federal agencies. Several years ago, Medford entered into a settlement agreement for $28 million in a legal action regarding quality of care violations, $10 million of which was for reimbursement to the Centers for Medicare and Medicaid Services. Nine Medford employees from the nursing home were also convicted of or pleaded guilty to criminal charges in connection with the death of a 72-year-old patient.
Medford and Townhouse are not on a shorter list of designated Special Focus Facilities, which receive double the inspections and stricter enforcements for violations. There are about 80 Special Focus Facilities in the U.S. The Senate report says all 400 of the other facilities qualify for Special Focus, but they are not part of the program due to resource limitations.
While patients and families can find out which facilities are in the Special Focus program by looking at the government website Nursing Home Compare, prior to the release of the Senate report, members of the public had no way of knowing which facilities had been recommended for the program.
Understanding Nursing Home Abuse and Neglect in Long Island
Under both New York and Federal law, individuals residing in nursing homes have rights that are referred to as “Residents’ Rights.” These rights are intended to ensure that each resident is treated with dignity and respect. The right to a dignified existence should not be mandated by law but given the long course of history regarding nursing homes and the abuse of its elderly and disabled populations, these laws are necessary. Residents’ Rights are quite expansive and include but are not limited to: the right to proper medical care, nursing care and rehabilitative care, the right to proper nutrition and hydration, the right to be free from injury causing neglect (or any neglect for that matter), and the right to be free from chemical or physical restraints. These are only a few of the many rights afforded to nursing home residents. The rights afforded to nursing home residents cover a wide range, but that is only because there are several ways in which a nursing home resident can be caused to suffer while residing in a nursing home.
Underlying administrative issues often contribute to the prevalence of nursing home abuse and neglect. Such issues include, among others, the following:
Many nursing homes are for-profit institutions that intentionally keep facilities understaffed in an effort to save money and increase the profit margin at the expense of the needs of nursing home residents. This is unacceptable and should not be tolerated. While there are certainly nursing homes that place nursing home residents first, there are far too many that do not, and innocent individuals are the ones to suffer the consequences in the form of injuries that include but are not limited to, the following:
Because every situation is different, it may be true that many nursing home residents suffer from injuries not listed here. As such, it is critical that anyone who is suffering from nursing home abuse and neglect or knows someone who is suffering from such conduct speak with a qualified Long Island nursing home abuse attorney right away to find out if they have an “actionable claim.”
Many signs of nursing home abuse and neglect are the physical injuries themselves as described above. However, not all signs of nursing home abuse and neglect are visible to the naked eye. Non-physical signs of abuse and neglect include the following:
A significant number of nursing home residents may not have the ability to speak and therefore verbally communicate to others that they have been abused or neglected. In such cases, it is especially crucial that any person suspecting a nursing home resident has been abused or neglected spots the signs and reports suspected abuse to the nursing home’s management team, as well as family members and friends of the nursing home resident.
The word “damages” describes the harms and injuries a person suffers. Damages can be physical, mental/emotional, and financial, and are measured by how severe the harm is. When a person suffers injuries because of abuse, neglect or medical malpractice in a nursing home, that person may be able to file a lawsuit to seek recovery of the damages he/she incurred because of negligent conduct. While it is impossible to undo abuse, neglect, and acts of medical malpractice, an injured person has the potential to receive compensation that is intended to fill a void that is left by the injuries and harm. If a nursing home patient suffers fatal injuries, family members may have the ability to file a wrongful death lawsuit on behalf of the deceased loved one’s estate.
Every state has laws that limit how much time a person has to file a lawsuit. Depending on the type of lawsuit, the limitation period will be different. The deadlines for filing a lawsuit in New York are called “statutes of limitations,” and these laws are extremely important to consider when seeking legal action. Once a deadline has passed to file a lawsuit, it may be too late to seek compensation for injuries.
When you talk to a nursing home abuse attorney in Long Island about your case, the following statutes of limitations must be evaluated to determine if there is still time to file a lawsuit in the state of New York:
Given that exceptions to the statutes of limitations do not apply in every case, anyone considering legal action should rely on the standard rules set forth above and act quickly to speak with a nursing home abuse lawyer in Long Island so that the right to sue does not vanish once a time limitation approaches.
The legal process can be overwhelming and time-consuming. Waiting to find out if an injured person is entitled to compensation can seem like a million years. While the Long Island Nursing Home Abuse and Neglect Attorneys of Parker Waichman LLP work as quickly as possible to help their clients receive the compensation they deserve, it can still take a very long time to resolve a case. The court system in New York can be slow given the volume of cases that are filed on a daily basis. As such, when pursuing legal action, a client can expect to go through the following process:
At Parker Waichman LLP, we understand it can be stressful to go through the entire legal process. However, our legal team is well-equipped to handle the most difficult of cases, and we have a reputation for helping a significant number of our clients receive fair compensation for their injuries and suffering.
Contact a nursing home abuse lawyer in Long Island immediately. Depending on the specific circumstances, while a nursing home may believe a resident should not be transferred due to the resident’s health or by direction of a doctor, nursing homes cannot always dictate when and how a nursing home resident should be released. As such, speak with a Long Island Nursing Home Abuse and Neglect Attorney right away to discuss potential options for having your family member released from the nursing home, especially if you suspect abuse or neglect.
Potentially, you have a legal claim. If a nursing home has become aware of abuse and neglect and has not addressed the issue, placing your loved one at greater risk, your loved one may very well have a potential legal claim against the nursing home and possibly some staff members. Contact Parker Waichman LLP immediately to discuss the details of the situation and options for moving forward.
Long Island has many options to choose from when finding the right nursing home for your loved one. However, because many nursing homes do not have the best reputation, and many residents have suffered abuse and neglect, it is important to review each nursing home option thoroughly. You can vet the nursing homes by taking a tour of each facility, evaluating how clean the facilities are, how many staff members are on duty at each facility, and asking current residents what they think about the facilities. Feedback from current residents is a good resource to find out if a particular nursing home is a right fit for your loved one. It is important to remember that nursing home abuse and neglect can happen anywhere, regardless of how good or bad a nursing home’s reputation is.
As we age, we become increasingly vulnerable and less able to fend for ourselves. As such, if a person finds him or herself in a nursing home, this person is at the mercy of the nursing home center staff regarding food, medical care, daily bathing, and other activities of daily living. In some cases, nursing home residents cannot fully speak on their own behalf, making them vulnerable to abuse and neglect. If you have a loved one living in a nursing home, it is a good idea to frequently check on the loved one to ensure he/she is well cared for.
The Long Island Nursing Home Abuse and Neglect Attorneys of Parker Waichman LLP are nationally-recognized for providing superior legal representation to injured clients from all across the United States. Our legal team focuses on a variety of injury cases that go beyond nursing home abuse and neglect. Whether a client has sustained injuries in a construction accident, a car accident, because of an act of medical malpractice, or because of a workplace accident, among others, our attorneys are standing by to advocate for their clients to the fullest extent possible. Parker Waichman LLP is honored to have received many positive peer-reviewed ratings, including the following:
It takes more than positive ratings to demonstrate a law firm is qualified to take on complicated injury cases including nursing home abuse and neglect cases. Therefore, we encourage all potential clients to speak with one of our Long Island nursing home abuse attorneys about what we do and why our law firm may be the right choice for your situation or that of a loved one.
If you or a loved one has suffered injuries because of nursing home abuse or neglect in Long Island, you should consider speaking with a Long Island Nursing Home Abuse and Neglect Attorney right away to find out what legal options may be available to you.
At Parker Waichman LLP, our nationally-recognized Long Island Nursing Home Abuse and Neglect Attorneys utilize their experience and dedication to assist injured and abused clients day after day. If you would like to speak with one of our attorneys about your situation or a loved one’s situation, it is a good idea to contact our office as soon as possible.
To schedule your free consultation with one of our Long Island Nursing Home Abuse and Neglect Attorneys, contact Parker Waichman LLP today by calling 800-968-7529. We have a team of Spanish-speaking attorneys, paralegals, and staff members to assist our Spanish-speaking clients.
Parker Waichman LLP
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