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Nursing Home Abuse
There are over one million elderly and dependent adults living in nursing homes or assisted living facilities throughout the United States. As our population ages, there is an increasing dependency of our nations' population on institutional care. The majority of the elderly residents are dependent upon the nursing staff for their essential needs ranging from meals and general care to necessary medications. Unfortunately, there are increasing numbers of cases involving nursing home neglect and abuse.
Many nursing homes do not properly care for their elderly residents as required by nursing home regulations. Despite strong laws at both the State and Federal level governing the industry, there are many problems that arise due to improperly trained or underpaid staff. Although the majority of facilities operate properly, there are others that routinely violate the rights of the elderly. If you suspect nursing home neglect, you should report it to the County Board of Health, the facilities senior administrator, a private investigator and/or a private attorney.
Abuse and Neglect include the following:
· Neglect in dietary care
· Failure to provide medical services
· Sexual Assault
· Verbal or emotional abuse
· Unreasonable physical restraint or assault
· Over-sedation and under-medication (drugs)
· Use of chemical or physical restraint
· Misuse of physical restraints - being imprisoned or locked in a room
· Failure to assist in personal hygiene, food and clothing
· Failure to reasonably insure the patients safety (frequent falls or broken bones)
The following is a non-exhaustive list of rights under law:
· To have proper hygiene provided;
· To have safe and clean conditions, free from bed sores;
· To be treated in a courteous manner;
· To be free from discrimination of any kind, including age, race, religion, sex, or disability;
· To individually privacy during personal visits and telephone calls;
· To voice concerns over procedures and treatment;
· To have adequate medical care including access to one's own physician;
· To be able to refuse treatment;
· To have access to a written statement describing the services provided;
· To manage one's own finances and property;
· To receive visitors;
· To be free from any physical or chemical restraints.
Robert Grossman & Associates, LLP
50 Main Street - 10th Fl, White Plains NY 10606
tel (914) 682-2130
fax (914) 328-9649 |
