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Jaroslawicz & Jaros PLLC
Call or email to schedule a free consultation.
212-227-2780 800-269-2780
Free transportation can be provided.
Jaroslawicz & Jaros PLLC
212-227-2780

Government Owned Nursing Home Sued Over Veteran's Slip and Fall Death

What is nursing home negligence?

The U.S. Government, owner and operator of James J. Peters Nursing Home in the Bronx, is being sued in connection with the death of an elderly Vietnam War veteran who died after two slip and fall incidents on the same day in 2014. The lawsuit contends that the government failed to provide the appropriate standard of care by not assisting the patient with getting out of bed. After the falls, the nursing home failed to provide him with the appropriate medical treatment. The suit also contends that the government was negligent for hiring incompetent staff and failing to properly train them. The staff failed to supervise the patient and did not treat him after the falls, which subsequently led to his death, according to the complaint. As tragic as this case is, claims of nursing home negligence are not uncommon. In fact, the elder care system is plagued by incidents of abuse and neglect. It is unclear whether this being a government run facility was a factor in the patient's death; however, the lawsuit claims the government as owner was negligent, in violation of the New York's health code, and that this negligence was tantamount to medical malpractice. It is important to note that nursing homes are required to develop a care plan when a patient first enters a facility. This includes an assessment of the amount of assistance a patient will need to move around the facility safely. However, when patients are poorly supervised falls are not uncommon. Patients can slip on wet floors, fall out of poorly fitted wheelchairs, or from beds that are too high. These incidents can be prevented if there is adequate staff on hand to ensure that residents are assisted with moving around. The lawsuit also contends that the staff was incompetent and poorly trained, which is also not uncommon, in both government and privately run facilities. Whether due to budget constraints or greed, nursing homes often look to cut costs and their facilities are either inadequately staffed, or the staff is inexperienced. In the end, cases of nursing home negligence that lead to injuries and death are on the rise. While the outcome of this case is uncertain, experienced personal injury attorneys continue to fight for the rights of the elderly and hold nursing homes accountable.

New York Nursing Home Elder Abuse and Invasion of Privacy

Q: Do nursing home residents have a right to privacy?

It's never easy to place a loved one in an assisted living or nursing home facility, even if the elder is in agreement with the move. There will always be some suspicion about what really goes on behind closed doors and whether the care being provided is sufficient. Are our loved ones truly safe from nursing home accidents such as dangerous falls or painful bedsores that may come from a negligent or neglectful staff? Is there something even more sinister going on? Allegations of elder abuse and invasion of privacy by caregivers are rampant in nursing homes -including two separate nursing homes both located in Oswego, New York. It's not uncommon to hear about worried family members sneaking hidden video cameras in to try to capture any abuse on camera. But sometimes those involved may implicate themselves. Remarkably, there's is a new "low" in elder abuse and privacy invasion these days. It's bad enough that staff subjects the residents to physical or emotional abuse or humiliating violations of their right to privacy, but they seemingly lack the basic intelligence, decency, and restraint to know not to compound their unconscionable actions by sharing their incriminating pictures and videos with others directly or through social media. Residents might be photographed going to the bathroom, lying in bed exposed, or engaging in embarrassing behaviors. Sometimes video may be taken of residents being taunted and abused by staff. Then photos and videos are shared where they are discovered and reported by co-workers, family, friends, or strangers. Depending on the situation and the rules of the facility, the workers involved may be counseled, disciplined, fired, and even prosecuted. Recently, four former aides at two separate Oswego nursing homes were the subjects of such allegations. They were charged with felonies and misdemeanors surrounding alleged pictures of residents in "undignified poses" and videos of the staff abusing and taunting residents, including endangering the welfare of an incompetent or physically disabled person and willful violation of the public health law. Most nursing homes, including the two in question, have policies in effect prohibiting the use of cell phones and/or picture-taking in areas where residents are to avoid any intentional or unintentional invasion of their privacy. If you or your loved one has been the victim of a nursing home accident or has suffered a personal  injury as a result of the negligence of another, contact the New York City law firm of Jaroslawicz & Jaros at 800-269-2780 for a free consultation.

Nursing Home Abuse by Other Residents

Are nursing home residents ever abused by other residents?

Much has been written about nursing home abuse by staff members and measures are (hopefully) being taken to curb the problem. As more research has been done about abuse in nursing homes, however, an important, previously ignored, difficulty has come to light: the abuse of patients by other patients. It is now estimated that at least one in five of all nursing home residents has suffered verbal or physical abuse from another resident. If a member of your family has been injured in a nursing care facility in New York, you should contact an experienced, competent personal injury attorney to discuss your options. The Disturbing Facts Recently collected data shows that of 2,011 nursing home residents interviewed and/or examined, 407 of them had been abused by a roommate or other resident during the month-long study. While a whopping 45 percent of these cases involved only verbal abuse, we all know that words can hurt, particularly if you have limited mobility and no choice but to remain a captive audience. Alarmingly, 26 percent of the nursing home residents studied were victims of physical assaults. In all probability, there were even more incidents of verbal and/or physical abuse than were ever reported. Although verbal and physical abuse were the most often reported forms of abuse, another 20 percent of abuse incidents involved invasion of privacy. This is no surprise in a situation in which people unused to communal living are put together and when a fair number of them have dementia which often prompts them to wander, or to handle or take things that don't belong to them. In another 4 percent of cases, residents experienced "assaults" in the form of nasty or threatening facial expressions or gestures. A bit less than 3 percent of reported incidents involved some kind of sexual abuse. Reasons for the Abusive Behavior There are several possible explanations for the destructive, often frightening, behavior of some nursing home residents. According to Dr. Mark Lachs, a researcher at Weill Cornell Medicine and director of geriatrics at New York Presbyterian Health Care System, these include:

Negligent Nursing Homes

Can a nursing home be held liable for abuse and neglect of its patients?

As the population continues to age, more individuals may be placed into nursing homes, whether for rehabilitation after surgery or for long-term care. While many elder facilities are dedicated to providing a high level of care to their patients and residents, some seniors are victims of abuse, neglect or some other form of mistreatment. Because many cases of abuse and neglect go unreported, it is unclear how extensive this problem is at the nation's elder care facilities. That being said, the Centers for Disease Control and Prevention (CDC) estimates that over 500,000 older adults over the age of 60 are victimized each year.

Nursing Home Injury Lawsuits

Can I file a lawsuit if my elderly parent was injured in a nursing home?

The decision to place an aging parent or loved one into a nursing home can be quite difficult. However, this may be the only option for elderly individuals who can no longer care for themselves. Residents in nursing homes put their lives and well-being in the hands of caretakers at these facilities and expect to be well-treated. In fact, New York law requires nursing homes to provide an adequate level of care. A patient who is injured as a result of not receiving this level of care may be entitled to monetary compensation.

Study Sheds Light on Nursing Home Abuse Committed by Fellow Residents

When we think of nursing home abuse and neglect, we typically think of nursing home staff who treat elderly residents poorly or who maliciously violate their rights. While abuse from nursing home aides and employees is certainly a reality that accounts for a majority of elder abuse cases, there are also many cases in which victims are abused by fellow residents. In fact, a recent study has found that abuse perpetrated by nursing home residents is actually more common than most people would think. The study - led by a team from Cornell and presented at the annual meeting of the Gerontological Society of America - was one of the first to analyze negative relationships between U.S. nursing home residents. It found that nearly 1 in 5 nursing home residents experience negative aggression or violence from fellow residents, often within a four-week period of moving into the facility. Researchers looked at approximately 2,000 individuals from 10 U.S. nursing homes and considered incidents of "negative aggression," which could range from residents going through another's belongings to physical, emotional, and even sexual abuse. They also found that many incidents involving individuals who shared the same living quarters, or roommates. In cases where nursing homes were able to provide better staff to resident ratios, the rates of abuse were typically less. Researchers are hoping that the new study can provide the basis for change among all U.S. nursing and assisted-living facilities.

Study Sheds Light on Nursing Home Abuse Committed by Fellow Residents

When we think of nursing home abuse and neglect, we typically think of nursing home staff who treat elderly residents poorly or who maliciously violate their rights. While abuse from nursing home aides and employees is certainly a reality that accounts for a majority of elder abuse cases, there are also many cases in which victims are abused by fellow residents. In fact, a recent study has found that abuse perpetrated by nursing home residents is actually more common than most people would think. The study - led by a team from Cornell and presented at the annual meeting of the Gerontological Society of America - was one of the first to analyze negative relationships between U.S. nursing home residents. It found that nearly 1 in 5 nursing home residents experience negative aggression or violence from fellow residents, often within a four-week period of moving into the facility. Researchers looked at approximately 2,000 individuals from 10 U.S. nursing homes and considered incidents of "negative aggression," which could range from residents going through another's belongings to physical, emotional, and even sexual abuse. They also found that many incidents involving individuals who shared the same living quarters, or roommates. In cases where nursing homes were able to provide better staff to resident ratios, the rates of abuse were typically less. Researchers are hoping that the new study can provide the basis for change among all U.S. nursing and assisted-living facilities.

Senior Citizens in Assisted Living Facilities

The law protects senior citizens in residential facilities. There is a Federal Law protecting them as well as New York State Law. Under Federal Law 1 - 6 found on the Internet, 42 CFR 483.25, a resident of a long term care facility must be properly cared for. This includes all activities for daily living.

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