Patients in nursing homes across New York State have a wide variety of rights, and nursing facilities have responsibilities when it comes to their residents and patients. New York State clarifies these rights and responsibilities in the nursing home setting, which range from rights to dignity and privacy to certain health care and treatment rights. Nursing homes have duties to residents, and when a facility breaches its duty, the nursing home resident or one of her family members may be eligible to file a claim against the nursing facility. Given that there are many different ways in which nursing homes can violate patient rights and be responsible for injuries arising out of nursing home neglect, it is important to learn more about the common types of nursing home cases.
The following provides information about some of the more common types of nursing home cases in New York, but it is essential to keep in mind that nursing home negligence can take many different forms. Accordingly, if you suspect that an elderly loved one may have suffered harm because of a nursing facility’s negligence, you should speak with a New York nursing home abuse attorney as soon as possible.
Physical Abuse Claims
Physical abuse may have more obvious physical signs and symptoms than other types of abuse. According to the National Council on Aging (NCOA), physical abuse involves the infliction of physical pain or injury on an older adult in a nursing home, and it can also involve the use of restraints. These types of cases typically arise when a nursing home patient has bruises, cuts, and physical marks of restraint. In many physical abuse cases, both the nursing home and the staff member who perpetrated the physical abuse may be liable.
Sexual Abuse Lawsuits in Nursing Homes
Sexual abuse occurs in nursing home settings, and different parties may be responsible. In some cases, sexual abuse is perpetrated by a staff member at a facility, but other patients or residents can also perpetrate sexual abuse. Nursing homes have a duty to keep their residents safe from this type of abuse and can be held accountable if sexual abuse does occur. It can be difficult, however, to readily identify the signs and symptoms of sexual abuse. Sometimes a nursing home resident will only have emotional or psychological symptoms. In other cases, a resident may have bloody or torn underwear, or may test positive for a sexually transmitted infection. Nursing homes residents with Alzheimer’s disease or another form of dementia can be particularly vulnerable because they may not realize the abuse is occurring or may not be able to articulate what has happened to them.
Emotional or Psychological Abuse Claims
When a resident in a nursing home shows any shifts in behavior or demeanor, it is important to consider whether emotional or psychological abuse may be the cause. This type of abuse can take different forms, from threats against a resident to bullying to behavior designed to embarrass the resident. More recently, a number of these claims arose after nursing home staff members posted videos in which they intentionally humiliated nursing home residents who were under their care.
Passive Negligence and Neglect
Nursing home abuse does not have to be intentional. Many residents suffer serious injuries as a result of passive neglect. When a facility is understaffed or does not have proper infection-control measures, a resident may suffer injuries in a fall that could have been avoided with proper monitoring. Or, more recently, nursing home residents may have been able to avoid coronavirus infections if facilities had properly attended to safety and infection-control protocols, according to a recent article in The New York Times.
Contact a Nursing Home Negligence Lawyer in New York
If you need assistance filing a claim or have questions about common types of nursing home abuse cases, a New York nursing home negligence attorney can help. Contact Leitner Varughese Warywoda PLLC today.