According to statistics, about 1 to 2 million people aged 65 years and over in the United States have been injured, mistreated, or exploited by a caregiver. Research suggests that local or state authorities come to learn about only 1 of every 14 elder abuse incidents (including self-neglect) in domestic settings.
Only 1 out of 25 financial exploitation cases involving the elderly are reported. Research from the National Elder Abuse Incidence Study suggested that approximately 20% of incidences of abuse, neglect, self-neglect, or exploitation are reported.
Common Questions about Nursing Home Negligence and Medical Malpractice
Q: What is nursing home neglect?
A: There are different forms of nursing home negligence, including the failure to:
· Provide adequate and clean clothing
· Provide protection from health and safety hazards
· Provide medical care for physical as well as mental health needs
· Provide residents’ necessary medications
· Provide protection from abuse from other residents
· Prevent dehydration and malnutrition
Q: If I suspect that a loved one is neglected or abused, where should I report it?
A: The first thing you need to do if you suspect nursing home negligence or abuse is notify the administrator of the nursing home immediately. The administration must investigate and report the incidence to state agencies. If you think that it is necessary, you can get in touch with your area’s office of aging, the adult protective service, an elder law attorney or a medical malpractice attorney experienced in handling nursing home medical negligence cases.
Q: Who regulates nursing homes?
A: Nursing homes in most states are regulated by federal (Human Services Centers for Medicare and Medicaid Services {CMS} and US Department of Health) and state authorities (Department of Health). Each agency has its own regulations controlling every aspect of the nursing home, including staffing, resident care, medical equipment and policies and procedures.
Q. What constitutes medical malpractice in a nursing home?
A: Meeting the medical needs of residents is one of the basic obligations of a nursing home. Nursing home liability can be complex but keep in mind that the law clearly states that nursing home medical malpractice is not acceptable. There are forms of medical negligence in a nursing home, including:
· Failure to arrange for doctors or registered nurses to attend to the medical needs of residents
· Ignoring the stated medical concerns of residents
· Prescription drug errors, including failure to provide medications needed by residents at the appropriate time and failure to check for drug interactions that can be deadly for residents
· Abuse of medical restraints
· Hiring staff that is poorly trained or untrained
Nursing home residents are already in a fragile state, and nursing home negligence can have severe consequences. In many cases, medical malpractice in nursing homes tragically leads to death.
Get Legal Assistance for Medical Malpractice in a Nursing Home
If your loved one has been injured or passed away due to medical negligence in a nursing home, you should immediately seek the help of a profound and tremendous medical malpractice attorney at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000.
You can file a medical malpractice or wrongful death lawsuit against the nursing home and recover damages for the losses that you and your loved ones have suffered. If your case is viable we will carry this legal torch for you all the way to the end. RMFW Law will get the job done for you; we only win if you win.
We know how to build winning cases. We know the tactics the other side enjoys playing. Do not try to take on the establishment by yourself, call up RMFW Law. We are the heavy hitters you are looking for and we do not charge you anything up front. You risk nothing by calling us. Call us today!
