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In the last few months, there have been a series of stories bringing to light the issue of elder abuse occurring in nursing home facilities. One of which related to the Connecticut Department of Public Health fining four nursing homes for physical abuse of residents by nursing home staff. And recently, 17 nurses and their nurse assistants in Buffalo were charged with endangering the welfare of an incompetent or physically disabled person and willful violation of many of the public health laws. These laws were enacted to protect the elderly and other disabled persons from abuse while in the care of a health facility provider.
The nursing home facility, in this case, had installed hidden surveillance cameras, which taped the nurses and their assistants neglecting a resident who was suffering from Huntington's chorea, leaving him bedridden and at the mercy of the staff. The defendant staff members were taped ignoring the resident's request for pain medication and not providing care services such as checking in on the resident, providing liquids, and providing incontinent help. 

Elder Abuse Statistics in New York

In the report "Under the Radar: New York State Elder Abuse Prevalence Study" published in May 2011, the information within focused on the prevalence and type of elder abuse occurring within nursing homes in New York. The study determined that elder abuse is extremely prevalent within the nursing home community, but that the number of reported cases does not mirror the actual number of victims of this type of abuse.

It was estimated that unreported elder abuse is about 24 times greater than the number of elder abuse incidents that are reported by social services, law enforcement, or other legal authorities. It is also estimated that 260,000 elderly adults in New York have been victims of one form of elder abuse between the 12 months between 2008 and 2009. In other words, about 141 out of 1,000 elderly New Yorkers have experienced some type of abuse after the age of 60. The types of abuse evaluated were financial, physical and sexual, neglect, and emotional.

New York's Anti-Elder Abuse Laws

New York Public Health Section 2803-d requires that any abuse towards persons who are living within a residential health care facility must be reported to New York authorities. The following people are required by this law to report any abuse or neglect that they reasonably believe is occurring:

  • Any employee of the facility; and

  • Any employee contracted by another company who provides patient care within the facility, which may include physicians, medical examiners, osteopaths, dentists, psychologists, social workers, or others.

Those that report this abuse are immune from any criminal or civil liability in connection with the reported abuse, mistreatment, or neglect.

NYC Nursing Home Injury and Accident Attorneys

If you or a loved one has been a victim of abuse while living within a residential health care facility or nursing home facility in New York City, please contact one of our experienced NY nursing home negligence attorneys at Keogh Crispi, P.C. Our attorneys will be able to answer your legal questions.

Elder abuse is a serious concern, which may bring about criminal or civil penalties against the care providers. You may have a claim for any injuries sustained as a result of abuse, mistreatment, or neglect. Call us today at 212- 818-0600 or send us a message online.

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