Most nursing homes are fine, upstanding institutions that want to provide only the best of care. However, fully 25% are cited every year for causing injury or even death to residents. If that happens, you’ll need a lawyer who specializes in handling cases that deal with New York nursing home abuse or neglect. This kind of personal injury lawyer will help make sure that the institution pays for its neglect, incompetence, negligence or even outright abuse.

What are the signs of nursing home abuse or neglect?

The signs can vary, but oftentimes, when your loved one is being abused or neglected, he or she will be more withdrawn or fearful even if you don’t see visible signs of abuse. Of course, there may be classical signs of abuse such as bruises, broken bones, or other injuries, but there may also be more subtle signs of abuse that manifest as neglect. For example, if your loved one needs help with bathing, he or she may suddenly appear unkempt. This type of abuse is more psychological than physical. Staff may simply refuse to help with hygiene needs, thus making your loved one feel ashamed and embarrassed about his or her appearance.

That type of abuse can also have physical consequences, since not helping your loved one with his or her hygiene needs can lead to infection or illness. There may also be other types of abuse, such as refusal to help with feeding, withholding food or water, starving, refusing to give medication or giving the wrong amount of medication, and so on.

Regardless of the actual kind of injury or abuse, though, if your loved one is showing signs of neglect or outright abuse, you need help. A personal injury attorney who specializes in New York nursing home abuse or neglect can help you see to it that justice is done.

If you suspect your loved one is being abused and neglected, take action immediately. Contact nursing home administrators at once, to let them know what’s going on, and move your loved one to another location for safety reasons if you need to. Your next step should be to contact a personal injury attorney who specializes in New York nursing home neglect cases. He or she will review your case and if it is found to have merit, will do everything possible to make sure you get fair representation and compensation for your loved one’s pain and suffering. You don’t have to suffer in silence, and never let those responsible go unpunished. Contact the New York nursing home abuse lawyers at Brown Chiari today.

Background checks.  While some nursing homes hire directly, others use temporary staffing agencies.  Be sure that the nursing home you are considering for your loved one performs background checks and screens employees for any history of abuse.

Licenses.  All administrators and nursing homes should be licensed by the state in which they are located.

Staff training.  While not required, some facilities actually have staff that are trained to recognize the signs and/or symptoms of abuse and neglect.  Those that are trained know how to effectively deal with residents who may suffer from dementia or other conditions that may make them difficult or aggressive.

Inspections.  Always ask to see a copy of the nursing home’s most recent inspection report.

Loss prevention.  Resident’s possessions are often stolen in many nursing homes today.  Ask if there are policies in place to safeguard your loved one’s possessions.

Turnover rate.  When there is a high turnover rate for CNA’s (certified nursing assistants), it is not a good sign.  Look into the positions to see if a problem exists; if so, talk with the director or administrator to determine why there are so many turnovers or changes in staff.

Special services.  Alzheimer’s care, rehabilitation and hospice are some of the specialized services offered by many nursing homes today.  Check to ensure that the nursing home you are considering for your loved one has a facility guideline for when patients should be placed in rehabilitation, hospice or other special units.

Incident reporting.  First of all, make sure that the facility you are considering has a system in place for reporting abuse or neglect.  Also check to see if there are any claims, how many or if they seem frequent, and how the home investigates and reports these complaints.  Check to see how any complaints that were filed were resolved.

Other areas you should investigate is whether there are physical restraints in place when there are not enough staff present to assist all residents at all times, so that you won’t have the worries of your loved one falling as he/she tries to move from the bed to a chair, etc.  In an ideal situation, there should be sufficient staff to assist residents at any time, even on weekends.  Make certain that there is adequate time during meal times so that your loved one has enough time to eat, and that assistance is available should he or she need help with meals.

By checking off the list above, you can prevent much of the stress and worry of placing an elderly loved one in a nursing home facility.  Abuse and neglect are real and growing problems today; what you desire for your loved one is care and nurturing in a comfortable, secure environment.

If you suspect that your loved one is being mistreated in a nursing home or elderly care facility, contact the New York nursing home abuse and neglect attorneys at Brown Chiari today.   Our New York injury attorneys fight to protect the rights of those in nursing homes, and to seek the justice your family deserves.

Cook was found dead in the shower with what the York County Coroner’s Office considered injuries that were not consistent with what was first thought to be a fall.  Cook’s family stated that the victim was found badly bruised.  Only one day earlier, Cook had talked with police about stolen checks.  Prior to her death, Cook told Rock Hill police that after reviewing a print out of checks that had been cashed over a period of time from her bank, she noticed that four of the checks had signatures that did not match hers.  The checks were made out to Walton, the worker charged in Cook’s death, between October 12th and November 1st, and totaled $1,280.

The victim also informed police that Walton had access to residents’ apartments; she was not working at the time that Cook complained to police, according to the police report.  Cook was found about 6:30 a.m. the following morning by nursing staff, who called for medical help and attempted CPR.

According to Police Chief John Gregory, the crime did not appear to be a random act of violence.  Walton was arrested on the morning of November 15th as she was driving toward her home.  She was charged with uttering and forgery before being transported to the Rock Hill jail.  Police charged Walton with murder the following Thursday afternoon.

As experienced New York nursing home abuse attorneys, this is a case that goes far beyond abuse – a life was taken.  Residents of nursing homes not only often face physical and mental abuse, but financial abuse as well as was clear in this case.  An elderly woman is now dead over what appears to be $1,280 in forged checks.  For some, it seems, the human life has very little value.

If you suspect that your loved one is being abused or neglected in a nursing home, either physically, emotionally or financially, contact the New York injury lawyers at Brown Chiari.  We work vigorously to protect the rights of those residing in nursing home facilities that may be subject to unacceptable treatment.

In other New York nursing home abuse news, two Staten Island nursing home staff members recently lost their licenses following the abuse of a 40-year-old resident.  This incident occurred at Lily Pond Nursing Home.

Cynthia Ferry, a CNA at Lily Pond, was observed by an EMT striking the resident in the head.  On the night that the assault took place, a Licensed Practical Nurse working as the evening nurse supervisor was informed by the EMT that Ferry had struck a resident on the head.  The LPN, Josefina Bernabe, instructed the EMT not to report the incident to protect Ferry from getting in trouble.  Both Ferry and Bernabe were forced to surrender their licenses with the condition that they do not engage in any type of health care employment.  Ferry and Bernabe were charged by the Medicaid Fraud Control Unit of the New York State Attorney General’s Office.

Of course New York isn’t the only state that sees an overabundance of nursing home abuse – and the sad thing is, most of the abuse goes on without staff or family members being aware of the abuse/neglect.  Abuse is a serious and growing problem across the nation; we expect our loved ones to be cared for and nurtured in these facilities, but all too often this is not the case.

Brown Chiari is a team of nursing home abuse Law Firm in Buffalo who work diligently to protect the rights of those who have suffered abuse in nursing homes.  Contact us today for a free evaluation of your case.

Daniel R. Levinson, inspector general of the Dept. of Health and Human Services, issued the report.  Levinson obtained the names of over 35,000 nursing home employees, at which point he checked with the FBI in order to determine how many of those 35,000 had criminal records.

Levinson stated, “Our analysis of F.B.I. criminal history records revealed that 92% of nursing facilities employed at least one individual with at least one criminal conviction.”  Levinson also said that almost half of the nursing facilities have five or more individuals in their employ with at least one conviction.  In one instance, a facility employed 164 workers; 34 of these workers had at least one conviction.

There are no federal laws or regulations that require nursing homes to check whether prospective employees have a federal or state criminal record.  In the U.S., 10 states require that potential employees are checked for F.B.I. and state records; another 33 require only a check of state records.  Other states currently have no explicit requirements in place.

Even with minimum requirements in place, many individuals who are convicted of a crime in one state have secured employment at nursing home facilities in another state.  Additionally, some states leave the hiring decision up to the individual facilities, meaning that administrators of the nursing home facilities can use their own judgment in hiring individuals with a criminal record.

Sadly, nursing home and elderly care facilities today have a reputation for abuse and neglect, and these statistics only add to the problem.  When nursing homes choose to hire individuals with criminal convictions, it frequently puts elderly residents at further risk for abuse, assault and theft.

Brown Chiari is a team of Lancaster NY nursing home neglect lawyers dedicated to protecting the rights of individuals in nursing homes.  Contact us today for a free evaluation of your nursing home abuse or neglect case.

Take a tour of the facility.  You can often get a feel for the care provided at the nursing home by simply walking through and paying attention to the surroundings.  Are there numerous residents who seem to be in a stupor?  Are most of the residents in bed and unable to talk, as if they have been over-medicated?  Pay attention to these small but significant signals.

Go to your State Health Department and ask for a complete profile of the facility you are considering for your loved one.  A profile typically contains the number of complaints that have been filed against the nursing home, how many fines have been assessed and whether those fines have been paid or remain outstanding.

Dehydration and malnutrition are common problems in many nursing homes today.  Visit the facility at various times including meal times and late in the evenings.  When you visit during lunch or dinner time, take note of whether the food looks as though it is nutritional.  Is water provided throughout the day?

Stop by the nursing home during those times that special care is given, such as physical therapy.  Is the care being provided?  Without a little investigating on your own, it’s often hard to know if recommended care is really being provided.

If your loved one is already in a nursing home facility, never ignore complaints that he/she is being mistreated.  While you may think your loved one is just “imagining things” or suffering from dementia, take complaints seriously.  Check regularly for bedsores, as they can get infected and eventually become fatal if not treated properly.

Talk to your loved one’s doctor, and make sure that he/she is actually checking in on your loved one and monitoring their health.  If you have a hard time contacting your doctor, consider having another physician examine the patient to ensure he/she is in good health.

If you do see symptoms of abuse and/or neglect, report them to the state licensing office immediately, and follow up to ensure that proper action has been taken.

By doing your research and checking out the facility yourself during varied times throughout the day, you can get a feel for whether the facility provides good care to residents.

Brown Chiari is a team of New York nursing home lawyers who are dedicated to protecting the rights of those individuals in nursing homes and long-term care facilities.  Contact one of our personal injury attorneys in Buffalo NY.

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Viola Fields, former resident of Kenwood, suffered significant medical expenses, physical impairment and embarrassment due to injuries caused by negligence according to the lawsuit which was filed in Madison Circuit Court.  The suit also claims Kenwood is guilty of medical and corporate negligence, and that the facility violated Fields’ long-term care resident rights.

James Rutherford, guardian of Viola Fields, stated that Fields is of unsound mind and incapacitated, and that she received poor care at the facility.  Rutherford also claims that employees of Kenwood displayed a conscious disregard for her safety and rights.  The suit alleges that Kenwood failed to make certain that Fields received prescribed treatment, accurate care assessments, necessary supervision, medication and meals, protection from accidental injury and timely nursing and medical intervention.

Rutherford stated that Field suffered wound and urinary tract infections, weight loss, ulcers, pneumonia and sepsis due to the conduct of the facility and staff, which led to the accelerated deterioration of her health and physical condition.

As is alleged in this lawsuit, negligence on behalf of nursing homes can often lead to serious infections, malnutrition, injuries and other issues that end up requiring extensive and costly medical care.  If Viola Fields had received adequate care, she may not have suffered the physical impairment and medical expenses that ultimately occurred.

When you suspect that your loved one is being abused or neglected in a nursing home or elder care facility, contact the nursing home neglect attorneys in New york at Brown Chiari.  We work aggressively to seek justice and protect the rights of our clients.

Brown Chiari Buffalo Personal Injury Attorneys
69 Delaware Ave # 700
Buffalo, NY 14202
(716) 206-8415

Other areas were also found to be lacking according to the survey.  In the report Plaza staff were found to be guilty of:

Administering injections to patients without first closing privacy curtains

Taking money from residents as payment for “favors”

Maintaining “scalding” hot water temperatures in bathrooms

Failing to wipe up pooling water next to bathtubs, increasing fall risks

Closing resident smoking area with no notification, and without providing an alternative area

Serving food to patients in an unsanitary environment where flies were present

Throughout the survey reports of suspicious scratches and bruising were common, as well as complaints made by residents that nurses were “rough” in their handling of the patients.  One incident was described in which a man tipped out of his wheelchair while on facility property.

Many of the problems were attributed to the fact that the 91-bed facility did not have sufficient staff to handle all of the residents and treat those who required specialized care.  The survey hinted strongly toward abuse, and noted that an administrator found an anonymous note on the floor which stated that residents at the facility were being abused by one of the nurses.

It was also found in the report that unstable residents who posed direct threats to other residents were admitted to the facility, and that one resident with a history of bipolar disorder pushed another because he could not get the other resident to move out of his way.  Plaza was fined $10,000 as a result of the findings in the Health Department survey.

While it wasn’t noted in the survey, unexplained bruising and scratches could indicate abuse by staff members, or by other aggressive residents suffering from mental disorders such as dementia or Alzheimer’s.  The incident in which the resident fell out of his wheelchair was not addressed by the facility, so it isn’t known whether the chair was in disrepair, was not maintained properly or whether staff members failed to monitor the resident.

There are countless forms of abuse and neglect that take place in our nursing homes today, some of them due to the fact that these facilities are often understaffed, or staffed with individuals through temporary staffing agencies that often do not perform thorough background checks.  Regardless, abuse of residents in these facilities is unacceptable.

Brown Chiari is a team of New York elder abuse law firm dedicated to protecting the rights of nursing home residents and their families.  Contact us today for a free evaluation of your claim.

The jury returned a verdict that would have led to expected punitive damages of about $20 million and $1.5 million in liability.  An investigator in the case related to the Los Angeles County Coroner’s office in 2006 that Angelo’s death was suspicious.  The cause of her death was said to be infection caused by accumulated bed sores.

The patient entered San Marino Manor in January of 2003 and was in reasonably good condition, capable of feeding herself and well nourished.  In October of 2005, she entered a hospital following a stroke and subsequent fall that left her with a fractured shoulder, where she remained for 5 days before going back to San Marino Manor.

If you have been injured in a Buffalo NY nursing home abuse or neglect incident, please contact one of our Buffalo personal injury attorneys today for a free consultation.

In the following months Angelo developed bed sores on her inner thighs and buttocks, hips, toes, lower buttocks and coccyx, more than 5 of them being black, necrotic and infected with MRSA.  The bed sores were hidden from family members with clothing and bandages, and were not revealed until 2006 when Angelo’s daughter found her sitting over a puddle of urine in a wheelchair.  Angelo’s diaper was soaked with urine and fecal matter; at this time the family became aware of Angelo’s condition.

Records at the nursing home reflected that Angelo had not been receiving diabetic insulin prescribed, but records were changed and dosages filled in at a later date in order to attempt to “cover up” the lack of medical care.

Lawyers for the Angelo family stated that while they had known that the Cablayans would refuse to pay the verdict from day one, they would continue to seek justice for Mrs. Angelo.  Erwin Cablayan made many efforts to avoid litigation, including informing the Angelo’s lawyer that he ran the facility without insurance.

This is a sad example of what happens in nursing homes today, but not totally surprising.  Hopefully the Angelo family will win some type of compensation for the grief they have experienced because of this negligent and abusive nursing home facility.

Brown Chiari is a team of New York nursing home abuse and neglect lawyers dedicated to securing justice for our clients.  Contact us at once if you suspect your loved one is being abused in a nursing home or elder care facility.

Vonderheide has requested that Governor Steve Beshear take steps toward implementing minimum staff-to-resident ratios in long term care facilities and nursing homes.  In face, he asked that the governor issue an executive order establishing the ratios, or call an emergency session of the General Assembly.

A spokesperson for Beshear, Kerri Richardson, stated that the subject of nursing home staff would be best debated and reviewed during the next regular session, and that a special session, which generally costs about $300,000, is best suited for issues where there is a clear consensus. However, Governor Beshear did implement 20 recommendations regarding the process of reporting abuse and neglect in nursing homes last fall, although non concerned staffing.  This does demonstrate that the government at least has an interest in improving care.

Vonderheide, along with other advocates for elder care, argue that patients would receive better care and supervision if staff ratios were increased to meet residents’ needs.  There is no doubt that there is a shortage of staff in many nursing homes today, contributing to poor care, injuries and even fatalities.  Kentucky is one of 13 states with no specific state requirements regarding staff-to-resident ratios.

Bow hunters found the remains of Lee’s body near the Licking River a month after the man disappeared from the nursing facility.

The Buffalo nursing home abuse attorneys at Brown Chiari are dedicated to seeking justice for residents of nursing homes and elder care facilities.  Contact us regarding a free evaluation of your case today. Learn more about Buffalo injury attorneys by Visiting Brown Chiari today!