If you are concerned about the treatment your loved one is receiving in a nursing home, you are not alone. Nursing home abuse and neglect is a serious problem in New York.
As the New York State Department of Health reports, during a recent five-year period, there was a 46 percent increase in the number of violations of state and federal regulations at nursing homes within our state.
When abuse or neglect leads to a loved one suffering harm, family members want to know who can be held responsible. The following is a look at the many possible defendants in a nursing home abuse and neglect lawsuit.
If you believe your loved has been harmed in a nursing home in Albany, Syracuse or elsewhere in New York, the attorneys of Powers & Santola, LLP, can thoroughly investigate your case. Contact us today to learn more about how we can help you.
Nursing Home Employees
The people most directly involved in nursing home care are the facility’s employees, including nurses, nurses’ assistants and other staff members. They have a responsibility to care for a nursing home resident’s well-being. They may fail to live up to this duty through intentional acts of physical, verbal or sexual abuse. They may also neglect to provide basic care, leading to falls, bedsores, malnourishment or an elderly resident wandering away from the facility.
Nursing Home Administrators
Sometimes, staff members are doing their best. However, they cannot provide residents with adequate care given the nursing home’s poor administration, which encourages cutting corners or ignoring state and federal regulations that are meant to protect residents. Some administrators may fail to properly screen staff members before hiring them or to adequately supervise them. The reality is that administrators often are the ones responsible for allowing a hazardous environment to exist.
Nursing Home Owners
Nursing home owners can be held responsible for the negligent acts of their employees. They may also be liable for their own direct negligence. Some nursing homes are owned and operated by national chains that put profits before the needs of residents. For instance, they may cut staff levels, preventing residents from getting the care and attention they need.
Nursing home physicians are responsible for providing appropriate treatment in a timely manner – as any medical professional is expected to do. If they do not provide the accepted standard of care, they may be committing errors that cross into medical malpractice. For example, a doctor may fail to prescribe the proper type or dosage of medication or may fail to diagnose and treat a serious health issue such as a stroke or heart attack.
Nursing homes involve a lot of different people working to keep residents healthy and happy. Some of those people are outside vendors who may provide food, medical devices or security. If these vendors are so careless that they provide defective products or sub-standard services, they can be held accountable for the harm that results.
Contact Our Nursing Home Abuse Lawyers Serving Albany and Syracuse
At Powers & Santola, LLP, we know that an attorney’s role is to thoroughly investigate a case and identify all parties who can and should be held accountable for the harm a loved one has suffered in a nursing home.
The attorney must also carefully litigate a case and overcome obstacles that arise in the process of seeking just compensation for victims and their families, including the challenges involved with taking on national nursing home chains.
If your loved one has suffered serious injuries due to suspected nursing home abuse or neglect in Albany, Syracuse or any other community in New York, we can help you to seek justice. Get started today by speaking to our nursing home abuse lawyers or contacting us online.
Sources / More Information
- Nursing Home Resident Abuse and Complaint Investigation Program Report January 1, 2012 – December 31, 2012, NYS Department of Health
- Major Nursing Home Chain Defends Care of Residents, Washington Times
- At Many Homes, More Profit and Less Nursing, New York Times
- Neglect of Older Persons: An Introduction to Legal Issues Related to Caregiver Duty and Liability, National Center on Elder Abuse