ELDER ABUSE OVERVIEW

Nursing Home Accident Law-

As our population ages, long term care facilities and in care will become part of everyone's lives. By the year 2020 it is expected that the population of those age of 85 and older will increase by almost 60%. When entrusting a loved one to a facility, you depend upon it being clean and safe. When hiring a home care aide or agency, you expect them to be competent and trust worthy. But what if it's not?

In 2001, a congressional report revealed that 30% of the 17,000 nursing homes nationwide were cited for violations of 9,000 residents. 1,600 were serious enough to place residents in immediate harm of injury or death. Sadly, patient fatalities sometimes go unreported. On the death certificates the cause of death is listed as cardiac arrest, where actually the cause of death may be abuse. The abuse can take the form of malnutrition, dehydration, skin sores or infection, all of which are preventable. The New York Times recently reported that the quality of care at nursing homes was declining as large chains of homes are acquired by private investment groups. These private operators are complicated corporate structures to avoid liability when residents suffer from neglect. The homes cut expenses and staff, sometimes below minimum standards, to increase profits

Following several years of intensive study, federal health administrators are recommending steps to improve standards of care for the elderly in America's nursing homes, hospitals and long term care facilities. Standards have also been implemented on state and federal levels for in home care as well.

Section 2803-c of New York State's Public Health Law states in part, "every patient shall have the right to receive adequate and appropriate medical care, to be fully informed of his or her medical condition and proposed treatment unless medically contraindicated and to refuse medication and treatment after being fully informed of and understanding the consequence of such action." The failure to provide adequate treatment and medical care creates a private right to bring a lawsuit against the facility for this violation.

If you you or a loved one has suffered injury or neglect at the hands of a facility or individual, contact us today at 1-866-Flanzig, via the web, at www.nyelderabuse.com, www.flanziglaw.com, or 516-741-8222.