FAQs Answered By A Nursing Home Injury Lawyer

Posted By : Aubrey Mead , on Oct, 2016


In New York, nursing home abuse is a serious problem that affects hundreds of seniors each year. These acts are often caused by an untrained and overworked staff. They are also the results of unethical individuals who are cruel to the elderly. The following are FAQs answered by a Nursing Home Injury Lawyer.

Is a Contract Required to Initiate the Patient’s Rights?

No, patients who enter into a rehab program for twenty to thirty days aren’t full-time patients. However, once they or their caregiver signs them into the facility, the patient acquires certain rights. Under applicable laws, all patients who stay in the facility for any duration of time are protected from abuse and neglect.

What Rights Does a Patient Have in a Nursing Home?

The patient has the legal right to expect high-quality health care. They must receive three meals each day based on their doctor’s instructions. The staff must provide them with a bath and help them groom themselves. The staff cannot inflict any form of violence or commit abusive acts. They must provide appropriate care based on the patient’s daily requirements.

What Occurs After the Patient Files a Report?

Protective services step in to launch an investigation into any allegations made against the nursing home and its staff. Any findings of abuse, neglect, or exploitation are used against the nursing facility and their staff. The findings define if criminal charges are filed against a specific staff member or the administrator of the facility.

What Constitutes Abuse?

Any physical act of violence is defined as abuse. The refusal to provide food and water to the patient is neglect. Bruises or dehydration are clear signs of these actions. Further reviews may identify broken bones that weren’t the result of an accident.

How is Abuse Addressed Legally?

Any formal criminal charge is managed by law enforcement. Inquiries about abuse or neglect are handed over to social or protective services. The findings of their investigations define how the case continues. However, the family maintains the right to remove their loved one from the facility. The family is eligible to file a lawsuit under certain conditions.

In New York, seniors retain rights when they are admitted to a nursing facility. These rights aren’t defined by a contractual obligation, they are defined by the laws of the state of New York. Patients who were abused hire a Nursing Home Injury Lawyer by contacting Mark Aberasturi or visiting Facebook.

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