Nursing home abuse is even more egregious than nursing home neglect, and it can cause irreparable harm. Buffalo has an extensive network of nursing homes, and abuse is a serious concern. If your loved one has suffered nursing home abuse, our experienced Buffalo nursing home abuse attorneys at Campbell & Associates are standing by to help.
Nursing Home Abuse in New York
New York defines nursing home abuse as willfully, intentionally, or recklessly inflicting injury on a nursing home resident. Abuse can take the form of physical aggression, intimidation, or unreasonable confinement. Any form of punishment that leads to physical pain or harm or to mental anguish also qualifies. Abuse also extends to the willful deprivation of food, water, necessary services, or medications.
Holding Those Responsible Legally Liable
The parties most likely to be held legally responsible for nursing home abuse include the nursing home facility, its management, and the involved staff member or members.
The Nursing Home Facility
Nursing home facilities in New York have a legal responsibility to provide residents with proper care and a safe living environment. When a systemic breakdown sets the stage for nursing home abuse, the facility can be held directly responsible. Prime examples include all the following:
- Negligent hiring practices
- Inadequate training
- Understaffing
- Failure to adequately address relevant concerns
This also applies to management if they knew about or suspected abuse but failed to enforce safety protocols, to report the concern, to intervene, or to take the actions necessary.
The Individual Staff Members
Nursing home aides and techs, nurses, orderlies, and doctors can all be held responsible for perpetrating abuse of any kind. This includes physical, emotional, sexual, and financial abuse.
Penalties
Abusive staff members can face civil claims that lead to hefty settlements and court awards for injured claimants. In addition, they can be hit with criminal charges that result in steep fines and jail time. In cases that involve financial abuse, restitution may also be required. Further, when abuse is substantiated, the involved staff member or members are subject to license revocation and inclusion on the New York State Nurse Aide Registry.
Mandatory Reporting
It’s also important to note that staff members in nursing homes are mandated reporters. This means that failing to report any abuse an individual staff member witnesses or suspects is grounds for fines and potentially for criminal charges. In other words, a staff member who didn’t engage in abusive practices can still bear legal responsibility.
Our Experienced Buffalo Nursing Home Abuse Lawyers Can Help
Our dedicated nursing home abuse attorneys at Campbell & Associates are committed to skillfully advocating for your loved one’s rights and for their rightful compensation. Nursing home abuse should not happen, and holding the at-fault parties responsible is important. To learn more about everything we can do to help, please don’t delay reaching out by contacting us online or giving our firm a call at 716-992-2222 today.
