ClickCease
Follow the latest on how New York State is tackling COVID-19 in nursing homes >> Learn more
Available 24 hours a day, 7 days a week    |   Hablamos Espanol

Could a New State Law Lead to Understaffing of New York Nursing Homes?

Nursing homes in New York should have enough nursing staff with the required competencies to meet the care needs of their residents. However, this has not always been the case. In fact, New York nursing homes have been cited multiple times by federal regulators for having too few nurses on staff. This, in turn, has undermined the welfare and safety of residents and put a strain on the nursing staff working in these homes.

New York legislature introduced a new law in 2020 to remedy this problem, which stipulates that each nursing home should provide a minimum of 3.5 hours of care to each resident. However, this law is already facing some criticism, and not all nursing homes have followed the new regulations. This, in turn, can lead to nursing home abuse if residents still aren’t getting adequate care. If you or a loved one have been the subject of nursing home abuse due to a lack of care, Dalli & Marino, LLP can help you navigate the specifics of your case and may be able to get you the compensation you deserve.

The Issues Surrounding the New Staffing State Laws

The main concern with this law is that the 3.5 hours of care is not enough time for each resident. For example, if a nursing home has 50 residents, the law requires that at least 175 hours of care be provided daily. But what if some residents need more care than 3.5 hours? What if the nursing home is understaffed and still doesn’t provide this? In other words, this new act does not consider the nuances of each patient’s needs. 

Moreover, the new law does not account for the fact that some nursing homes may have a higher ratio of residents with complex medical needs. These nursing homes will need more staff to provide care for their residents, and if they were already understaffed to begin with, they will not be able to provide adequate care to each resident.

Dangers of Understaffed Nursing Homes

An understaffed nursing home means your loved ones may not receive the necessary care and could be at risk for injuries or illnesses. For instance, they may not get proper wound care or be able to take their medications on time. If there isn’t enough staff to supervise, your loved ones might be more likely to fall or wander off and get lost as well.

In such cases, your elderly parent or grandparent may suffer from physical pain, emotional distress, mental anguish, and malnutrition. People have even lost loved ones because of the negligence of understaffed nursing homes. If this has happened to you or your loved one, it’s important to talk to a knowledgeable elder care abuse attorney right away. 

What Can You Do If Your Loved One Is the Subject of Nursing Home Abuse?

Sadly, many residents have been abused or neglected in nursing homes. Some have even sustained injuries such as bed sores and or broken bones from falls, while others have died under unexplained circumstances. These are all signs of neglect from the nursing home to which you entrust your loved one’s care. If you notice any changes in your loved one’s condition or if they are in pain, ask the staff about it. You should also request a form to file a complaint if you believe your loved one is being neglected or abused.

However, as law experts, we know that sometimes filing a complaint can be incredibly frustrating, time-consuming, and even draining, especially if you are not getting the answers you are looking for. The good news is that law firms like ours exist to help people in these situations. Dalli & Marino, LLP has the experience and resources to work to get you to get the justice you and your loved one deserve.

Your Legal Options If Your Loved One is Neglected in a Nursing Home

It is always a painful ordeal when a loved one is ignored or maltreated, especially in a nursing home that is supposed to provide care and protection. In case your loved one has been the victim of nursing home abuse or negligence, you may be able to file a lawsuit against the nursing home. You may be able to recover damages for your loved one’s injuries, pain and suffering, medical expenses, and even wrongful death. Filing a lawsuit can help to ensure the nursing home is held accountable for its actions and that other residents are not subjected to the same type of neglect or abuse.

Partner With a Nursing Home Abuse Attorney in New York From Dalli & Marino, LLP

No one should worry about the care their loved ones receive in a nursing home. All life is precious, particularly senior citizens who can no longer fend for themselves. They are among the most vulnerable members of our society, and we must do everything we can to make sure that they are being adequately taken care of. 

The advantages of having Dalli & Marino, LLP on your side far outweigh self-representation when taking on a well-funded opponent such as a nursing home company. If your loved ones have been neglected, hurt, or even lost their lives while in the care of a nursing home, we can assist you. Our Spanish- and English-speaking team will fight tirelessly for your rights, and we may be able to get the compensation you deserve from the negligent party. Call us at (888) 465-8790 or complete the contact form today.


3010 Eastchester Rd, Bronx, NY 10469
516-407-8243

66-50 Myrtle Ave, Queens, NY 11385
718-568-5467