What Constitutes As Neglect In Nursing Home Case in New York?

Personal Injury News | November 5, 2022

Different states have different standards as to what they consider “neglect” in nursing homes. The unique situation of nursing home residents who are mostly or completely dependent on caretakers, surrounded by hundreds of residents in the same situation, constitutes a unique set of circumstances for neglect. Enlist the help of a New York nursing home neglect attorney from Gattuso & Ciotoli, PLLC to determine if your loved one is a victim of neglect.

What Exactly Is Negligence?

Neglect in nursing homes is a very common occurrence. According to the National Center for Victims of Crime (NCVC), 15.3% of elder abuse complaints in nursing homes directly concern neglect. In addition, 84% of abusive or neglectful situations involving older adults go unreported or unrecognized, and 1 in 6 nursing home residents are the victims of abuse or neglect.

The Centers for Disease Control and Prevention (CDC) define neglect as “the failure to meet an older adult’s basic needs. These needs include food, water, shelter, clothing, hygiene, and essential medical care.” This unfortunate circumstance occurs when those who are contractually obligated to take care of elderly residents dependent on outside care fail to fulfill their duties.

The consequences of negligence on the life and well-being of an individual and their family are limitless. Some examples of results of negligence include malnourishment, extreme bed sores, emergency medical situations, dehydration, emotional or psychological suffering, and much more. It is worth noting that although the first thing to come to people’s mind when they think about the needs of elders is medical needs, their true needs extend much further into social, mental, and other areas.

Causes of Negligence in Nursing Home Facilities

There are a plethora of reasons that nursing homes start neglecting their residents. Although this does not happen in every nursing home facility in the country or state, it is abundant in a large number of elder care facilities.

  • Industry shortages – Many parts of the medical care industry are experiencing high levels of shortages of nurses and caretakers. Even doctors are in high demand this day in age, meaning that the amount of attention that can be spent on individual patients is less and less.
  • Inadequate staffing – In line with industry shortages, many care facilities have inadequate staffing. Despite the “uncontrollable” nature that this issue seems to suggest, many nursing care facilities understaff their facilities to reduce costs and increase profit margins.
  • Poor training – Some nursing homes do not provide adequate training to their staff, resulting in an uneducated and negligent care force. This is a critical component of negligence, as poorly trained staff can threaten residents’ lives.
  • Poor hiring practices – Hiring practices that take on nurses without the proper education, background, and experience put their residents at risk for

Gattuso & Ciotoli, Looking Out for Elderly New Yorkers

As New York and the rest of the United States start to age, the legal protection of nursing home residents has become more important than ever. At Gattuso & Ciotoli, we are determined to fight for those who are left vulnerable in dangerous situations. Call a New York nursing home neglect attorney as soon as possible at (315) 509-2873 or reach out to us online.