Nursing Home Injury Law
Your loved one is in a nursing home, and you suspect negligence. At Goldstein & Goldstein, LLP, we’re here to help.
“For the vast majority of residents, the residential health care facility is their last home. A license to operate a nursing home carries with it a special obligation to the residents who depend upon the facility to meet every basic human need.” (10 NYCRR 415.1)
Most law firms and individual attorneys are not familiar with the specific issues that can result in nursing home litigation. New York has some of the best protection on the books, but it takes an experienced and committed attorney to navigate these rules and regulations for you.
Here at Goldstein & Goldstein, LLP, we are prepared to engage in very intense and specialized scrutiny of records, consultations with experts, and we will ultimately deliver our extensive knowledge regarding specific codes, rules, regulations and statutes, best practices, and standards of care so that you can protect the dignity of your loved one.
We’ve discovered over the years that you can receive the worst care in the best nursing homes and the best care in the worst nursing homes. If you suspect your loved one isn’t getting the best care possible, please reach out and we can assess the situation. While it’s often a function of people being overworked and nursing homes being so understaffed, your lawsuit could help an entire organization create better working conditions for their staff and better conditions for all residents.
Nursing homes and long-term care facilities “should be giving the highest quality of care and most meaningful quality of life.” We want to do our part to make that happen, because that’s what we want for our own family members too.
Many cases go unreported because the nursing home resident fears disclosing information about their treatment or many simply may not have the physical and/or mental capabilities to do so. But you owe it to your loved one, your family and patients who may never meet – as well as the nurses and staff whose burnout from low pay and long hours might be at the root of the injury – to pursue your case.
If you suspect that you have a nursing home or medical malpractice case, we will meet with you free of charge. We work on a contingency fee, which means that we don’t get paid unless you do! You owe it to yourself and your loved ones to at least give us a call to see if you have a case.
Examples of Negligence
- Bedsores or pressure ulcers
- Unexplained bruises, cuts, burns, sprains or fractures in various stages of healing
- Malnutrition or dehydration
- Elopement or wandering
- Mental or physical abuse
- Sexual abuse
- Sudden decline or change in behavior and/or well-being
Bedsores, falls and negligence can occur in other health care settings too, not just nursing homes. See our medical malpractice page for more information on how we can help.
If you suspect nursing home negligence of any kind, investigate at once. Begin collecting facts. The nursing home will not cooperate in this process. Gather all the material you can so that documents cannot be changed. The law is finally holding nursing homes accountable for poor elder care. A flood of lawsuits has been filed across the country and grieving families are receiving compensation for pain, suffering and the untimely death of loved ones.
Bedsores, also known as pressure sores or decubitus ulcers, are a serious health problem – particularly for nursing home residents who are not ambulatory. They are extremely painful and can lead to infection and even death. If your loved one is being properly cared for in a nursing home, bedsores should not be an issue – but if you notice them, you need to take action.
What causes bedsores?
Bedsores are formed when continued pressure cuts off circulation to a part of the body and causes skin and underlying tissue to break down. The areas of the body most prone to bedsores are those in which bones have little protection from fat and muscle, such as the hipbones, tailbone, shoulder blades and heels.
Why are they so common in nursing homes?
When people are confined to a bed or wheelchair for extended periods of time they are at high risk for bedsores if not properly treated. Bedridden people who are incontinent are at even greater risk. Skin breaks down more easily when it is constantly moist. Diabetes, circulation problems, dehydration and malnutrition are risk factors for pressure ulcers.
How can bedsores be prevented?
To prevent bedsores, nursing home staff members should turn or reposition bedridden patients every two hours. Understaffing at nursing homes is the most common reason residents don’t receive adequate care which leads to the formation of bedsores. Bedsores can form quickly and progress rapidly. If they become infected, they can be fatal.
What should I do if my loved one has developed bedsore as a resident of a nursing home, hospital or assisted living facility?
You should call our experienced nursing home negligence attorneys immediately because employees and medical professionals at these facilities have strict guidelines they must adhere to in order to prevent bedsores from occurring. Hiring an attorney to hold them financially accountable for their negligence will hopefully help prevent future acts of negligence from that facility. Contact us for a free case evaluation.
There’s no excuse for bedsores. Nursing homes have a responsibility to make sure bedsores do not happen; if they do, the burden is on them to prove that they cared for the resident appropriately and took preventative measures.
Most falls in nursing homes are not witnessed, which is why it’s critical to have one of our personal injury and accident attorneys help you evaluate the situation and gather the evidence needed to prove negligence.
The majority of falls in nursing homes are preventable.
According to the Center for Medicare and Medicaid Services (CMS), a fall is defined as a failure to maintain an appropriate lying, sitting or standing position, resulting in an individual’s abrupt, undesired relocation to a lower level.
The nursing home MUST:
- Accurately assess the resident’s for risk of falling
- Identify and implement interventions to minimize the risk of falling
- Minimize risk of sustaining an injury as a result of a fall
A failure to do any of these things can result in a fall with devastating consequences – and you may have a case.
A nursing home has the ability to keep your loved one safe; that’s their job! If they have missed the mark, we’re here to help. The nursing home must do whatever it takes to keep residents safe. Most falls are devastating for an elderly person – they can lose mobility, their ability to toilet themselves and their ability to dress themselves. One fall can take away their dignity by removing their ability to perform some of the most basic daily living activities that make them feel independent.
Your loved one has the right to a dignified existence and depends on the nursing home to meet their every basic human need. If you suspect injury on any level, even if you’re unsure about what happened, be an advocate for the person you love and reach out to us for counsel. If you have any question about whether your loved one has been properly cared for, take a few moments and make a call.
You should always meet the lawyer who will actually handle your case to make sure you feel comfortable. At Goldstein & Goldstein, LLP, we treat our clients like family. We are a father-daughter team with many happy clients who can speak to our integrity, our expertise, and our compassion.