New York Nursing Home Abuse Lawyer Blog

A Nursing Home in Lexington was recently cited by the state of Kentucky when members of its staff used personal cell phones to "inappropriately photograph and make audio recordings" of residents without their knowledge.  The staff members then attached songs with sexual lyrics to the photographs and circulated them to other employees at the facility.

The facility received a Type A citation, the most serious that a nursing home can receive.

A representative from the nursing home indicated that the matter was thoroughly investigated and that a number of staff members were terminated as a result.
This is the type of abuse that is some instances might go unnoticed or unpunished.  The State of Kentucky should be commended for their investigation into such an incident.  The dignity of our most vulnerable citizens should be of utmost priority.

Website Resources:

Nursing home staff took inappropriate photos of residents, Lexington Herald-Leader, Valarie Honeycutt Spears, April 29, 2009

A Bronx, New York nursing home settled a matter with one of our clients for $150,000.  In sum, this claim involved two falls suffered by an eighty-two year-old resident that resulted in a fractured left humerus and a left parietal temporal intraparenchymal hemorrhage (bleed in the brain).  Surgery was not required as a result of either injury. 

With respect to the first fall, it became apparent that the wheels of the resident's wheelchair were not in the locked position while in the Dining Room.  As a result, she was able to maneuver away from the table in the Main Dining Room, stand up, and attempt to walk.  In addition, despite a previous fall, various other risk factors present, and requests of the family, a chair alarm was not in place at the time of the fall.

The second fall with injury occurred when the resident was left unattended in the lounge area. The family had requested that the resident be assessed for a lap belt (restraint), but unfortunately this was not performed before the fall. Gallivan & Gallivanrepresented the resident and her family. The family decided to settle the matter pre-suit in order for their mother to benefit from the proceeds of the settlement during her lifetime.

According to a survey conducted by the New York State Attorney General, 98% of New York's nursing homes surveyed failed to meet federal recommendations for nurse staffing. Based on these statistics, it is not surprising that nursing home residents often do not receive the appropriate attention and care.  What follows is a basic guide to recognizing and acting upon signs of nursing home abuse or neglect.

Participate In The Care of Your Loved One
It is very important for the staff at a nursing home to know that the family of the resident is interested in the resident's well-being. Therefore, take an active role in the care-giving, visit often and make your presence known to the nursing home staff members.

Identify Signs and Symptoms
Signs and symptoms of nursing home abuse or neglect that loved ones of residents should look for include:
 

• Bedsores (Pressure sores, Decubitus Ulcers)


• Fractures


• Nursing home staff refusing or delaying visitors


• Malnutrition


• Dehydration


• Sudden changes in behavior


• Unexplained bruises or cuts


• Infection


• Choking incidents


• Significant weight loss or gain


• Unexpected death


• Medication errors.

Speak Up