Nursing Home Neglect and Abuse

New York is one of the most expensive areas in the country for nursing home care – more than $300 a day is some areas, including New York City.

What kind of care should you expect for more than $100,000 a year?

At Queller, Fisher, Washor, Fuchs & Kool, our New York nursing home neglect and abuse lawyers are proud of our commitment to fighting for the rights of residents living in nursing homes or care facilities.

If you suspect abuse or neglect is occurring in a New York nursing facility, we urge you to call us today for a free and confidential appointment to discuss you concerns.

More than half of the nation’s nursing homes are part of large chain corporations and two-thirds are operated for profit.

Nationwide, there are 1.8 million nursing home beds in 17,000 nursing home facilities and yet overcrowding is a routine problem, according to the American Health Care Association.

In New York City, an estimated 1.2 million residents are over the age of 60 – half a million are older than 75, according to the New York City Department for the Aging.

According to the New York State Department of Health nursing home residents have a right to:

  • Dignity and respect in a comfortable environment
  • Quality of care and treatment without discrimination
  • Freedom of choice and independent decision making
  • Proper safeguarding of your property and money
  • Safeguards in admission, transfer and discharge
  • Privacy in communication
  • Participate in activities and organizations of your choice
  • A complaint procedure that is responsive and easy to use
  • To exercise you rights without fear of reprisals

Sometimes, employees or residents fail to report abuse due to fear of retaliation or job loss. Tragically, elderly nursing home residents sometimes do not report abuse or neglect because they don’t want to burden loved ones.

Social isolation and mental impairment, such as Alzheimer’s or dementia, may also make older adults more vulnerable to abuse.

Visitors and relatives of residents can be the only witnesses to suspect neglect or abuse in a New York nursing home or elder care facility. So it is incumbent upon us all to remain vigilant in protecting the rights and dignity of vulnerable elderly residents.

An estimated 2 million Americans ages 65 and older have been mistreated by someone charged with their care, according to the National Center for Elder Abuse.

It is estimated that only about 1 in 5 cases of elder abuse, neglect, or exploitation is reported and only 1 in 25 cases of financial exploitation is uncovered.

Signs and Symptoms of Physical Abuse

  • Brusies, black eyes, welts, lacerations
  • Fractured bones, head injuries
  • Open wounds, punctures, cuts, scrapes or bruises in various stages of healing
  • Dislocations, sprains or internal injuries
  • Broken eyeglasses, signs of punishment or restraint
  • Medical overdose or under utilization of prescribed medications
  • An elder resident’s self-reporting of being mistreated
  • Changes in behavior
  • Caregiver or nursing home’s refusal to allow visitors to be alone with residents

Signs of Sexual Abuse

  • Bruises around chest or genitals
  • Venereal infections or diseases
  • Unexplained bleeding
  • Torn or stained bed clothing
  • An elder resident’s self-reporting of assault

Emotional Abuse

  • Agitation or emotional upset
  • Withdraw, being non responsive or non communicative
  • Unusual behavior attributed to dementia (biting, rocking, etc.)
  • An elder resident’s self-reporting of abuse

Neglect

  • Malnutrition, bed sores, poor hygiene
  • Untreated health issues
  • Unsafe living conditions
  • Dirty or unsanitary living conditions
  • Self-reported neglect

Source: National Center on Elder Abuse

If you suspect someone you know is being neglected or abused, contact Queller, Fisher, Washor, Fuchs & Kool for a free and confidential appointment to discuss your rights.

At Queller, Fisher, Washor, Fuchs & Kool our New York nursing home neglect and abuse attorneys will work with you to determine the best course of action to protect the rights of our elderly residents and ensure that they are able to live out their lives with the peace and dignity we all deserve.

Call the New York law office of Queller, Fisher, Washor, Fuchs & Kool at 212-406-1700.

Resources
New York City Department for the Aging: www.nyc.gov/html/dfta
National Center on Elder Abuse: www.ncea.aoa.gov