If you’re planning on taking action against a long-term care facility for neglecting or abusing your loved one, you’ll almost certainly need his or her nursing home records. Of course, should such records implicate administrators or staff, the facility may not be inclined to hand them over simply because you asked.
Thankfully, the law is generally on your side when it comes to obtaining certain nursing home records. There are a number of statutes in place that aim to protect families who are trying to build a claim against a negligent facility.
Read on to learn more about a nursing home’s disclosure obligations in New York State so you can proceed with confidence:
1. Section 18 of the New York Public Health Law (PHL)
Section 18 of New York’s PHL states that a health care provider or facility must allow for a patient to review his or her records for exams and treatments administered by said provider or facility within 10 days of receiving a written request. If your loved one is unable to submit such a request, his or her guardian, conservator, or attorney in fact is entitled to do so on his or her behalf.
2. 10 NYCRR 415.3(c)(iv)
Title 10, chapter 5, article 3, part 415.3 of the Codes, Rules, and Regulations of the State of New York is more specific than section 18 of the PHL. It states that nursing homes in particular must provide the opportunity to review clinical records within 24 hours of receiving an oral or written request from an eligible party. They must also allow the requesting party to purchase copies of said records within 48 hours.
In addition to complying with the deadlines above, nursing homes are prohibited from discriminating or retaliating against a resident in response to any actions that his or her family takes against the facility after reviewing the records.
What Kinds of Nursing Home Records Can I Request from My Loved One’s Facility?
Competent patients—and guardians, conservators, and attorneys in fact—may request virtually all the records that are on file. Examples include:
· Nursing logs;
· Medication records;
· Treatment administration records;
· Physician’s orders;
· CNA accountability records;
· Discharge notes;
· Transfer records;
· Care plans;
· Risk assessments;
· Diagnostic images;
· Lab results;
· Physical therapy records;
· Occupational therapy records;
· Wound sheets; and
· Social service records.
If you’re unsure what kinds of records you’ll need to prove that negligence or abuse did, in fact, occur, an experienced nursing home abuse attorney can help. A resourceful lawyer will evaluate the situation from all angles and then gather the evidence needed to prove liability and damages against all responsible parties.
Discuss Your Case with a Nursing Home Abuse Lawyer in New York
At Leitner Varughese, we’re proud to advocate for nursing home residents who have been neglected and abused. While representing families across New York City, Long Island, and the rest of the state, we’ve recovered more than $100 million in nursing home negligence and malpractice settlements. Call 855-585-2969 or use our Online Contact Form to set up a free consultation with a nursing home abuse attorney in New York.