Elder abuse is a “silent condition,” and no one knows exactly how many of our nation’s elderly are being exploited, neglected, or abused in nursing homes. Evidence suggests that there are thousands of elderly people being harmed in the U.S. every day, but no reliable statistics exist. Since 1995, Dalli & Marino, LLP has been protecting people’s rights. Serving Queens and the greater New York Metropolitan Area, Dalli & Marino, LLP maintains a dedicated staff of Queens nursing home abuse attorneys concentrating on cases of nursing home abuse and other forms of elder abuse.
A Lack of Data on Nursing Home Abuse and Neglect
Nursing home abuse is not accurately recorded for a variety of reasons. Part of the problem is that it is unclear exactly what acts or omissions constitute nursing home abuse. The reporting rate is low often because nursing home staff fear retaliation from their employer or impacts on their job security. There is also no collection of comprehensive national data, as each state collects data on elder abuse differently.
A study by the U.S. General Accountability Office in 2008 indicated that surveys put out by states do not reflect the total problem occurring in licensed nursing facilities.
Seventy percent of state surveys fail to account for a nursing home deficiency, and 15 percent of surveys miss incidences of immediate jeopardy or harm to a nursing facility resident.
How Is Elder Abuse Defined According To New York Law?
New York’s civil elder abuse law is defined under New York law as physical abuse, sexual abuse, emotional abuse, active neglect, passive neglect, and financial exploitation.
Under New York State Social Services Law Section 473, physical elder abuse is:
“The non-accidental use of force that results in bodily injury, pain or impairment, including but not limited to, being slapped, burned, cut, bruised or improperly physically restrained.”
The obvious cases of elder abuse include falls, untreated bedsores, inadequate medical care, malnutrition, dehydration, preventable accidents, and inadequate sanitation and hygiene. On the more extreme end were occurrences of physical assaults and sexual abuse of elderly nursing home residents.
Unfortunately, many nursing home operators put profit before people. Some of these nursing homes have little interest in providing a humane level of care for a vulnerable demographic—aging Americans whose well-being has been entrusted to them. All too frequently, elder abuse and neglect go unchallenged and unreported. At Dalli & Marino, LLP, our nursing home abuse lawyers are fierce advocates for nursing home negligence victims in Queens and communities across New York. We are committed to fighting for just compensation for any injuries and losses that you or your loved one have endured.
Indicators of Abuse in Queens Nursing Home Facilities
If you feel your elderly loved one may be the victim of abuse, here are some signs to look for:
- Poor hygiene (soiled clothes, lack of bathing, infections or odor)
- Torn or bloody clothing
- Burns, bruises, cuts, fractures, abrasions, or other wounds
- Sudden weight loss
Other, less obvious signs can include:
- Unexplained loss of money or financial transactions the elderly could not have completed themselves, such as ATM withdrawals if they’re not mobile
- Emotional withdrawal or erratic behavior
- Stress or listlessness
- Unexplained loss of personal property
You are entitled to be informed about all aspects of your loved one’s care. With one-third of all nursing homes reported as having occurrences of abuse or neglect, your concerns are valid. You have the right to investigate and know. Moreover, you have a right to retain someone knowledgeable about these crimes to investigate on your behalf and that of your elderly loved one’s behalf.
Bedsores Are a Telling Sign of Neglect in Nursing Homes
Bedsores, also known as pressure ulcers, are some of the earliest signs of nursing home neglect. These painful sores develop rapidly when skin areas are under continuous pressure, and blood flow becomes restricted until ulcers form. Lying or sitting in one position without turning over, for example, can cause painful bedsores that can become fatal if left untreated.
Warning signs of nursing home neglect include:
- Untidy personal hygiene
- Neglected cleaning service
- Soiled clothing or sheets
- Urine or fecal odors
When your loved one has trouble walking, moving around, or adequately caring for themselves, they depend on nursing home staff to ensure their blood circulation stays healthy. When visiting your elderly loved one in a Queens nursing home, be wary of signs of neglect.
While a nursing home facility may try to cover up indications of negligence, you can talk to your loved one and ask how they’re being treated. If they’re unable to respond, it’s vital to have a strong perception of changes in their behavior or clues that suggest neglect that may result in bedsores or worse.
Nursing Home Neglect and Traumatic Brain Injuries
Nursing home neglect is one of the leading causes of brain injuries in the elderly. Often, brain injuries are caused by falls resulting from inadequate and low bed rails, slick floors, or mistakes in medication. When nurses and staff at nursing homes and long-term care facilities fail to provide adequate care to residents with illness or dementia, there can be catastrophic consequences. You can help ensure your elderly loved one is safe at their nursing home residence by being vigilant of conditions that could lead to a fall and potentially cause a traumatic brain injury.
Contact an Experienced Nursing Home Abuse Attorney in Queens, NY Today
We have chosen to dedicate our practice to serving the elderly and their families to obtain the justice they deserve. We stand for and defend those who can no longer defend themselves. At Dalli & Marino, LLP, defending the elderly isn’t our job—it’s our mission. Our nursing home abuse lawyers understand family and we understand your responsibility to care for those who once cared for you. We bring over two decades of experience and a track record of success fighting for your rights. If you suspect nursing home abuse, contact us for a completely free consultation. We will sit down and review the evidence and merits of your case to help you determine if abuse is, in fact, occurring. We will arm you with knowledge about your rights. If we suspect your loved one has been the victim of nursing home neglect or abuse, we will prosecute the case to the full extent of the law.
If you feel your loved one has been harmed or neglected, contact us today. It may be time for you to stand up for those you love, but you don’t have to do so alone. The Queens nursing home abuse attorneys at Dalli & Marino, LLP stand ready to be at your side.
We can represent you and your family for nursing home abuse, whether you are in New York, Bronx, Brooklyn, Long Island, Queens, Staten Island or Westchester County.
