Nursing Home Injury, Neglect and Abuse

FACT: 4 in 10 Nursing Home Residents in the U.S. Received Care From a Nursing Home Rated With 1 to 2 Stars

Nursing Home Injury, Neglect and Abuse

Facts About Nursing Home Injuries, Neglect and Abuse

In the US, there are roughly 15,500 nursing homes that are certified by either Medicaid or Medicare, and these provide care to more than 1.3 million people ( Residents of nursing homes are among the most vulnerable people in our country. The residents are often people with significant health problems, including cognitive and mental impairments, poor health, and multiple chronic conditions. They typically are unable to take care of themselves and are dependent upon others. Families often report that they wanted to keep their loved one at home but did not have the support and resources to do so, so they made the difficult decision to trust the nursing home and have it care for their loved one.

The Centers for Medicare and Medicaid Services (CMS) created a rating system in 2008 to help families compare nursing home facilities, and improve the quality of care in nursing homes. This system gives nursing homes between 1 to 5 stars depending on how they score in areas related to health inspections (e.g. environmental hazards, food storage), staffing measures (e.g. number of nurses and hours worked), and quality measures (e.g. number and percent of residents with new or worsened pressure sores).

According to the Kaiser Family Foundation, this rating system revealed that nearly 4 out of 10 nursing home residents in our country received care from a nursing home with 1 or 2 stars. Based on these data, it is not surprising that cases of Nursing Home Injury, Neglect and Abuse occur regularly in our community, and families want to see that this does not happen to another loved one. Families want justice for the harm caused to their loved one.

Examples of Nursing Home Neglect and Abuse

Nursing homes have a legal responsibility to keep their residents safe. This means taking care of the health, safety and general welfare of all of their residents. If they do not, they are responsible for the injury and damages of their resident.

Nursing home negligence may include injuries related to:

  • Falls and fractures
  • Bedsores or pressure ulcers
  • Infections
  • Wound care
  • Choking
  • Amputations
  • Bedrail suffocation
  • Medication errors
  • Nursing home understaffing
  • Wandering
  • Poor hygiene and unsanitary conditions
  • Dehydration or malnourishment
  • Diabetic care for elders
  • Dignity
  • Theft of money or personal property
  • Physical or sexual abuse

Kuehner Law Firm Approach

Help Our Client, Help The Community
Nursing homes are regulated by the state and federal government and must comply with and meet specific standards of care for their residents. If your loved one was hurt as a result of nursing home neglect or abuse, you will want to work with an attorney who has experience with handling these important cases and understands that just because you are old, or infirm does not mean you are not entitled to good care.

KLF Has Experience

To be successful in a Nursing Home Negligence case, we must show that the nursing home violated safety rules and as a result your loved one was hurt.
Our firm has handled cases across New York State that involved patients with dementia wandering away from facilities and dying, pressure sores that led to death, and people becoming so dehydrated that their hearts and kidneys fail. These examples are just a few of the many types of nursing home cases we have pursued for grieving families.
We will look at the medical records of the nursing home and other treating physicians to determine what injury was caused. We will investigate to determine the root cause of the nursing home injury. This investigation includes understanding the health of the resident before the nursing home injury, as well as identifying all of the procedures and policies that should have been implemented to care for the resident. We will have a medical expert review the medical records to identify what specific safety rules were broken. We pull in experts who understand the complicated policies, procedures and regulations that are unique to nursing homes. Often we bring in experts in the field of nursing home administration who have dedicated their careers to making things safer for residents.
After we conduct our evaluation, we will determine what options our clients have for pursuing a lawsuit and identify what parties are responsible for the nursing home negligence.
The purpose of a lawsuit is for our client to achieve justice and compensation for the Nursing Home Injury, and to make the nursing home safer for other residents.
If your loved one was hurt as a result of Nursing Home Injury, Neglect, or Abuse, please contact us so we can help you. We handle cases throughout New York State, including Buffalo, Syracuse, Albany, Watertown and Binghamton.