Saturday, March 9, 2013

New York Nursing Home Abuse


Nursing homes are meant to be a safe place for the elderly where help is provided to those who cannot attend to their own daily needs. Whatever the best intentions of staff and nurses are, often patients fall through the cracks. Unfortunately abuse in skilled nursing facilities is a somewhat common occurrence. It has been reported that there is a rise in the number of abuse claims in many nursing homes within New York.

Hospitalized senior citizens often become victims of abuse, incompetence, and neglect. In some cases, patient records in nursing homes have been doctored in order to hide problems. The increase in New York elder abuse is the same as throughout the country: large corporations expect large profit from nursing homes yet provide less care for patients. These facilities are often understaffed and their nurses and nursing assistants underpaid. These problems are typical throughout the nursing home system. Larger cities often bear the worst level of consequences for patients in elder homes.

Instances of Abuse of Elderly in New York

Typical examples of elder abuse are cases where the elderly patient suffers from bed sores. When neglected and treatment not given for an issue such as this, the sores become so infected the bedsores reach the level of residents' bones, causing infection and pain for the patient. These sores are painful and rather difficult to treat and cure, and arise mainly because of insufficient staff or poor care, leading to inadequate care of the patients' daily living needs. Other areas of concern are personal hygiene, adequate food and hydration and response to patients' daily needs.

In more severe cases, elderly residents' have also become victims of rape, physical abuse and other violence in nursing facilities. Although rare, these situations arise when staff are not properly screened during employment interviews, poorly trained or poor quality staff are hired due to low wages for the position. There are times these types of cases go unnoticed or undocumented. Family members may contact their local Ombudsman who act as a liaison with the nursing home and the state to deal with severe staff and patient problems. Family members must be proactive when addressing this type of abusive situation. Documentation of events by family members can then be discussed with the New York local Ombudsman and a nursing home abuse attorney may be brought in to advise and prepare litigation if needed.

Corporation Profit vs Insufficient Nursing Staff

Skilled nursing facilities are often understaffed with workers who are underpaid for the amount of work they do. Even the best intentions by CNA's (certified nursing assistants) go by the wayside when severely understaffed. When time constraints happen CNA's must provide care to eight to fifteen patients at a time. This can result in less care taken when feeding a patient, dressing and daily care of patients. As some skilled nursing facilities cut down on staff to increase their profits, the existing staff does not have sufficient time to ensure all their residents get fed, bathed, clothed, gotten up from their bed to their wheelchair or taken to social acitivities. A lack of hygiene can mean bedsores for an elderly resident. Overworked and underpaid staff at times equate to poor quality care for elderly patients.

Patients Medicated to Keep Quiet

Another issue that may happen in these facilities is inadequate medical care. Doctors do not always visit the patient on a timely basis. Registered nurses (RN's) are stretched thin as they too are usually understaffed. The lack of time for quality medical care at times leads to more medication to quiet the patient. Over medication is elder abuse and should be addressed with your attorney.

New York Nursing Home Provider Associations

Nursing home provider associations often have helpful information about skilled nursing facilities that are their members. Here is a list of New York organizations focused on assistance to elderly care.

County Nursing Facilities of New York
111 Pine Street
Albany, New York 12207
Phone: 518-465-1473

Greater NY Healthcare Facilities Association
360 W. 31st St., Ste. 303
New York, New York 10001
212-643-2828

Greater NY Hospital Association
555 West 57th Street
New York, New York 10019
212-246-7100

Healthcare Association of NYS
1 Empire Drive
Rensselaer, New York 12144
518-431-7600

Intercounty Health Facilities Assoc.
1615 Northern Blvd. Suite 306
Manhasset, New York 11030
516-627-3131

NY Association of Homes and Services for the Aging
150 State Street, Suite 301
Albany, New York 12207-1698
518-449-2707

NYS Health Facilities Association
33 Elk Street, Suite 300
Albany, New York 12207-1010
518-462-4800

Southern New York Association, Inc.
39 Broadway, Room 2805
New York, New York 10006
212-425-5050

With so much going on behind closed doors of New York nursing facilities, the families of elderly residents must turn to civil litigation for justice. It is often difficult to prove abuse with elderly in a skilled nursing setting. Working with an attorney who is knowledgable about New York state regulations for the elderly is advisable. Contact a reputable New York elder law attorney who specializes in these types of cases.for advice on how to proceed with litigation.

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