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  • Writer's pictureLeitner Varughese Warywoda

What are the Most Common Reasons to File a Nursing Home Negligence Lawsuit?

Nursing home abuse and nursing home negligence lawsuits can arise for a wide variety of reasons, from injuries involving physical or psychological abuse to harm caused by passive neglect due to understaffing. Given that forms of nursing home abuse and neglect can vary so widely, it can be difficult for an elderly nursing home resident or one of her family members to understand with certainty whether it makes sense to file a nursing home lawsuit.

It is critical to seek advice from a New York nursing home negligence attorney who can assess the particular facts of your case and help you to understand eligibility for filing a claim. In the meantime, we want to provide you with information about some of the most common reasons that people file nursing home negligence lawsuits.

Passive Neglect Injuries Due to Understaffing

Understaffing is a major problem in nursing homes in New York and across the country. When nursing homes do not have enough staff members to meet the needs of the residents in the facility, those residents can suffer a variety of injuries resulting from passive neglect. For example, if a facility does not have sufficient staff to monitor residents to prevent falls, nursing home residents can sustain fall-related injuries in their rooms or elsewhere in the facility. Some patients have more difficulty with mobility than others, and some nursing home patients may require frequent attention to prevent bedsores. If staff members do not prevent frequent care, residents may be diagnosed with bedsores, which ultimately can have severe consequences. Issues of malnourishment and poor hygiene can also result from passive neglect, causing harm to residents in New York nursing homes.

According to a PBS NewsHour report, most nursing homes are significantly understaffed, particularly on weekends. As such, many nursing home residents and patients may suffer serious, preventable injuries as a result of neglect.

Intentional Abuse Takes Many Forms

There are many different types of nursing home abuse that are distinct from passive neglect due to issues like understaffing. According to the National Council on Aging (NCOA), intentional abuse can take the forms of physical abuse, emotional or psychological abuse, sexual abuse, willful deprivation, and confinement. Each of these forms of abuse can result in different types of injuries, and thus each of these forms of abuse will have different signs and symptoms.

While it can be more difficult in some circumstances to file a nursing home negligence claim for emotional or psychological abuse that may not show itself in obvious physical harm, you should know that many nursing home abuse claims do hold facility employees accountable for psychological abuse, emotional harm, and confinement—none of which may lead to obvious physical indications of injury but nonetheless result in serious harm.

Contact a New York Nursing Home Negligence Attorney

Whether your loved one suffered harm in a nursing home in New York as a result of passive neglect or due to intentional physical or psychological abuse, one of our experienced New York nursing home negligence lawyers can assist you. Contact Leitner Varughese Warywoda PLLC today for more information about filing a nursing home negligence claim.


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