As a result of the greying of America, over three and a half million people currently live in nursing homes, with that statistic on the rise. These facilities are supposed to be a safe place for the elderly to live out their final years. The nursing home staff is expected to care for our loved ones who are too frail to do for themselves. We trust them to take care of the most important people in our lives, often out of sheer necessity. Sadly however, long term care facilities are understaffed, and those that are employed to care for your loved ones are undertrained.
Every day in this country, nursing home negligence results in serious injuries and even the death of the elderly. In fact, almost half of all nursing home patients have reported suffering abuse or neglect, and up to 95 percent have witnessed nursing home abuse or neglect to a fellow patient.
What should you do when your loved one is not getting the level of care that they deserve? Worse, what if he or she is being neglected or abused?
When lack of adequate patient care results in injury or death, the victim, or their loved ones are entitled to significant monetary compensation.
If you believe your loved has been victimized by nursing home abuse or neglect CONTACT US NOW to schedule a free consultation.
Charles Bonfante is experienced at getting clients the maximum results under the law.
THE BRUTAL STATISTICS
Each year in America, over two million cases of nursing home abuse and neglect are reported. More sobering is the fact that for every reported case, experts suspect that as many as five more cases go unreported. It is only natural to want to believe that the nursing home staff will treat our beloved family members with dignity and respect. However, these statistics suggest that some truly bad individuals are given regular access to our parents and grandparents.
TYPES OF NURSING HOME AND ASSISTED LIVING NEGLIGENCE
Abuse and neglect come in many forms. Unfortunately, in many instances it can be hard to recognize the symptoms.
Pressure Ulcers (Bedsores)
These horrific injuries are the most common injuries suffered by nursing home residents. Bed sores are incredibly painful and extremely difficult to cure. Though commonplace, these injuries are easily prevented with proper care. Insufficient staffing and failure to turn and/or clean the patient are the leading causes of bed sores. In the most serious cases, these skin ulcers can go all the way down to the bone. When bedsores are not properly treated, they cause excruciating pain, and can become so serious as to even cause death.
Falls and Fractures
Also among the more common injuries suffered by elderly patients in long term care facilities are falls. The facility and their staff are responsible for maintaining a safe environment for its patients. However, in certain cases, nursing homes fail to perform a thorough assessment of the resident to adequately determine fall risk, or fail to take appropriate steps to prevent falls. Because of the frailty of most residents, these falls often result in serious injuries resulting in surgery, further diminution of the victims’ quality of life, and can even hasten their death.
Failure to Render Adequate Care
The elderly are usually admitted to nursing homes when they are no longer able to live on their own, and require assistance and care from professionals. If the proper care is not delivered, patients suffer.
Abusive language and /or verbal intimidation or threats of harm is another form of elder abuse and is actionable under New York law.
Because the elderly patients in long term care facilities are frail and infirm, many are unable to feed themselves unassisted. Death by starvation is among the worst end imaginable. Many nursing homes, in an attempt to cut costs and boost profits, are intentionally short staffed. As a result, there simply is not enough staff to properly feed all of its residents. Sometimes staff members, due to improper training or a lack of supervision, fail to ensure that a resident eats enough to avoid malnutrition. Malnutrition is not simply the lack of nutrients; patients can also have too much of a given nutrient, or poorly proportioned meals. By law, each patient is supposed to be given a balanced diet. Unfortunately, that is not always the case.
If a patient is not regularly given adequate amount of fluids, the onset of dehydration can occur within hours. Dehydration can result in confusion, disorientation, dizziness, difficulty walking, drop in blood pressure, rapid heart rate, dry mouth, irritability and fatigue. In the most severe cases, dehydration can kill your elderly loved one.
Sepsis is an infection which ravages the entire body. If not treated, the victim can go into septic shock, and ultimately die.
Staff members must be adequately trained to ensure that the facility is sanitary and the patients are clean. Patient rooms and rest rooms in particular must meet stringent sanitary guidelines. When these crucial safety guidelines are not adhered to, infection, bacteria and viruses can spread resulting in prolonged sickness and death.
Most infections are preventable with proper care, but all too often, infections are misdiagnosed or ignored altogether by nursing home staff. Infections can deteriorate a patient’s health and can have deadly consequences.
Serious, permanent injuries and even death can result from improper medication.
Freezing in Winter/Stifling in Summer
Facility management often seeks to maximize their profits by saving on energy bills, all to the detriment of the elderly patients that rely on the staff to be kept comfortable. When temperatures are kept very low in the winter or extremely high in the summer, the patients can suffer. The elderly are extremely vulnerable to temperature extremes, due to increased susceptibility stemming from old age and a lowered immune system.
Personal Injury Law Is All We Do: My professional calling is helping the victims of nursing home negligence and elder abuse receive the justice they deserve. It is what drives me each day. I am singularly immersed in personal injury law and up to date on any changes in the law that will affect your case. In New York, the law that governs nursing home negligence is extremely complex. There are many factors that determine whether the victim is entitled to monetary compensation. My wealth of experience in this area will ensure that you get the maximum amount possible for your case.
One-On-One Consultation: We will meet in person in one of my three convenient office locations. If you are in too much pain to travel, we can meet in your home, hospital room, or rehab facility. We will discuss the facts of your particular case in detail and discuss all available options. I will be the lawyer you see on day one and the lawyer that is by your side all the way thru the conclusion of your case.
Prompt, Exhaustive Investigation: My team and I will review medical records, and hire the medical experts required to prove your case. We will identify the individuals responsible and locate the insurance coverage that applies to your case so that we obtain the maximum amount of money possible for your pain and suffering, medical bills, lost wages and out of pocket expenses.
Aggressive Representation: I will negotiate with the other side when it is in your best interest, or fight them in court, all the way to a trial by jury if necessary to deliver the justice you deserve.
Insider Knowledge of Big Insurance: I started my career working for a major insurance company. My knowledge and experience will work to your advantage. I know exactly what to do in order to head off the insurance companies’ attempts to minimize, deny, or destroy your claim.
You’ll Always be Treated Like a Person, Never Just Another File: I will return your calls personally. I will take the time to explain everything in a clear, concise way; I will listen to your questions and concerns. You will be made to understand what’s happening with your case every step of the way.
Get the names, addresses and phone numbers of anyone who witnessed the accident.
Make out an accident report stating your version of what happened.
Do not – under any circumstances – sign anything,
including any accident or incident report(s) made out by someone else.
Do not allow anyone to take a recorded statement from you until you contact us.
Take pictures of your injuries (cuts, bruises, burns, scarring, stitches, staples, etc.).
Take clear color photos showing whatever caused your accident from several different angles,
and varying distances in daylight.
If you have not already done so, get to an emergency room to be examined immediately
so that the appropriate tests can be performed to determine the extent of your injuries.
Contact your family doctor right away to get prescriptions for any necessary pain medication,
as well as referrals to see the appropriate specialists (i.e Orthopedist, Neurologist, Chiropractor, Physical therapist, etc.).
See to it that you get the appropriate diagnostic tests (such as X-Rays, MRI’s, or CT-Scans)
performed before too much time passes. The doctors or other health care providers who examine you
will be able to inform you which test(s) are applicable based on the symptoms you are experiencing.
If you are unable to work due to your injuries, get a letter of disability
from your treating physician(s) and/or chiropractor.
Keep track of any time you missed from work as a result of your injuries, as well as your lost wages.
Keep track of any out of pocket expenses you incur related to your injuries (co-pays, deductibles, etc.).
Keep a log or journal, to record the frequency of your treatment, as well as the pain you are experiencing,
making sure to note all of the specific parts of your body that hurt, along with the frequency and severity of the pain.
Do not speak to anyone about your case until you consult with us to protect your rights under the law. We will consult with you at no cost or obligation, to see if you have a case that is worth pursuing. Then we will advise you as to the available options and give you our professional opinion as to which strategy is best suited to your particular case.
DO NOT – UNDER ANY CIRCUMSTANCES – POST ANYTHING ON SOCIAL MEDIA. Read More.