When we put our loved ones into a nursing home, we expect that they will receive the proper care, attention, and medical treatment that they need. Unfortunately, there are instances where the staff at these facilities fail to provide adequate care or even worse, intentionally harm the residents. When this happens, it can be devastating for the resident and their family members. Thankfully, New York has laws in place to protect nursing home residents from abuse and neglect. Public Health Law 2801-d (PHL 2801-d) is one such law that is designed to protect patients who receive skilled nursing care in a nursing home facility located in New York State.
I. Introduction
Nursing home neglect and abuse is a national issue. According to the National Center on Elder Abuse, approximately one in 10 Americans aged 60 and over have experienced elder abuse or neglect. Public Health Law 2801-d mandates that nursing homes maintain a certain standard of care for nursing home residents and provides those who have suffered a harm or injury as a result of a nursing home's failure, the rights to bring legal action against them.
II. Nursing Home Neglect Claims
Nursing home neglect is the breach of the duty of care that nursing homes owe to their residents. Some common examples of nursing home neglect may include but are not limited to, leaving patients without the proper nourishment, neglecting their hygiene, not putting measures in place to avoid falls or accidents, and neglecting bedsore prevention.
III. Public Health Law 2801-d
Public Health Law 2801-d is a New York state law that mandates a manadate for nursing homes to follow certain standards of care and establishes resident's rights. The law requires nursing homes to provide good care to their residents and protect them from harm and abuse. It also requires nursing homes to maintain proper staffing levels and provide residents with an environment that feels like home. The PHL 2801-d requires staff training on abuse prevention, housing rules, and treatment plans.
IV. Bringing a Claim Under Public Health Law 2801-d
Nursing home residents and their families can file lawsuits under Public Health Law 2801-d if a nursing home violates the minimum standards of care as outlined in the law. Plaintiffs can make a claim if nursing home staff breach their duty of care, causing injuries or death to their loved ones. The process of filing a claim can be intense, and residents or their families will need to be able to support their claims with evidence such as medical documentation of injuries or bills accumulated during the period in question.
V. How a Nursing Home Abuse Lawyer Can Help
A nursing home abuse lawyer can assist in navigating nursing home neglect cases or abuse cases. Nursing home abuse lawyers have a keen understanding of New York's PHL 2801-d and can leverage the law to hold all responsible parties accountable for any breach or harm caused. They can work with families to gather the necessary information to builda strong case and represent them in court. A lawyer will speak on their clients' behalf and can ensure the nursing home is held liable for any compensation or damages that their client is entitled to receive.
VI. Notable Nursing Home Scandals in New York
The Lindy Boggs Scandal (1970s-1981): Operators of the Lindy Boggs Medical Center in New York City were embezzling funds and providing substandard care to residents. Over 30 residents died due to neglect and inadequate medical care, and the center was shut down in 1981.
The Oswego Nursing Home Scandal (1992-1995): The state-run nursing home in Oswego, New York was accused of providing poor care, neglecting bedridden patients, and covering up instances of physical and sexual abuse. The facility was shut down in 1995 following an investigation.
The Andrus on Hudson Scandal (2002): An investigation into the Andrus on Hudson nursing home in Yonkers, New York uncovered instances of patient neglect, including failure to administer medication, lack of proper hygiene, and inadequate staffing. The facility was fined $13,000 and ordered to improve its care standards.
The Eden Park Nursing Home Scandal (2003): The nursing home located in Albany, New York was found to have a history of neglect, including cases of untreated bedsores and inadequate medical care. The facility was fined $24,000 and banned from accepting new patients.
The Avalon Gardens Nursing Home Scandal (2007): An investigation found that the nursing home located in Smithtown, New York was understaffed, leading to neglect of residents. The facility was fined $28,800.
The Gowanda Nursing Home Scandal (2009): The worst nursing home abuse case saw 14 elderly residents of the Emerald South Nursing and Rehabilitation Center in Buffalo New York die due to failure to properly care for the residents, leading to the spread of a deadly intestinal virus among them.
The Pleasant Valley Scandal (2011): The state found that the nursing home located in Far Rockaway, New York was consistently understaffed, leading to neglect of residents. The facility was fined $22,500.
The Medford Multicare Scandal (2012): An employee of the Medford Multicare Center for Living in Long Island, New York was charged with criminally negligent homicide for administering a lethal dose of insulin to a resident.
The Peninsula Nursing Home Scandal (2019): A New York Times report uncovered numerous cases of neglect and abuse at Peninsula Nursing and Rehabilitation Center on the Rockaway Peninsula in Queens, NY. The report found inadequate care of patients, a lack of medical attention, and filthy conditions.
The New York State Nursing Home COVID-19 Scandal (2020): The New York State Department of Health came under fire for underreporting the number of nursing home deaths during the COVID-19 pandemic. The department reported around 6,500 deaths from the virus in nursing homes, but an independent audit by the state attorney general's office found that the actual number was closer to 15,000. This scandal has resulted in calls for more transparency and accountability in nursing home care.
VII. Conclusion
New York Public Health Law 2801-d is designed to protect nursing home residents from neglect, abuse, and substandard care. It is essential that residents and their families are familiar with their rights under this law and understand how to bring a claim against a nursing home facility that violates PHL 2801-d. In cases of nursing home neglect or abuse, it is critical to seek legal representation from an experienced nursing home abuse lawyer who can guide families through the process of filing a nursing home neglect lawsuit, maximize compensation entitled, and ensure that the nursing home is held accountable for their actions. Contact a nursing home abuse lawyer today to discuss your case and receive a free consultation.
