New York State Laws on Nursing Home Abuse

Nursing home abuse often occurs due to understaffing or occurs with nursing homes that hire individuals who are unqualified or inadequately trained. Underlying reasons can be that the nursing home is trying to cut financial corners instead of providing quality care.

In addition to nursing home abuse, elder abuse in general is also a widespread problem. According to the New York State website, estimates show that between 1 million to 2 million Americans who are age 65 or older have been subjected to elder abuse through injury, exploitation or mistreatment by someone. The frequency of elder abuse ranges between two and 10 percent based on surveys and the type of research conducted. Research also shows that for every one case of abuse that is reported, five other cases go unreported.

What Signs Should You Look Out for Regarding Nursing Home Abuse?

The New York State Bar Association lists the following as possible signs of elder abuse:

• Social and physical isolation (Preventing the elderly person from having the opportunity to speak with a family member or caregiver)
• Unexplained injuries
• Untidy or dirty appearance
• Agitation, trembling, confusion and/or disorientation
• Confusion about finances and transactions
• Emotional distress such as crying or depression
• Withdrawn or flat/unemotional affect

Medication errors are also a form of nursing home abuse. When staff are incompetent and dispense medication to the wrong resident, give the wrong dosage or provide the medication at the wrong time, it can harm the elderly person. Medicinal or physical restraints when used unreasonably can also be a form of abuse for the elderly.

Seek legal counsel as soon as possible if believe your loved one has been seriously injured as a result of nursing home abuse. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss the injury and the prospects of taking legal action.