What Is Considered Nursing Home/Geriatric Care Negligence?

Nursing home or geriatric care negligence refers to the failure of a care facility or its staff to provide the standard of care reasonably expected for elderly residents, leading to harm or distress. 

Types of Nursing Home/Geriatric Care Negligence

Negligence in nursing homes can manifest in several ways, often categorized into physical, emotional, and medical neglect.

Physical Neglect

This occurs when the basic needs of residents, such as food, water, hygiene, and mobility assistance, are not adequately met. Signs of physical neglect include:

• Malnutrition or dehydration
• Poor personal hygiene
• Bedsores (pressure ulcers)
• Unexplained bruises or injuries

Emotional Neglect

Emotional or psychological neglect involves failing to provide social interaction, mental stimulation, or support, which can lead to isolation, depression, and anxiety among residents. Indicators include:

• Withdrawal or unresponsiveness
• Unusual behavior such as rocking or mumbling
• Fear or anxiety around certain staff members

Medical Neglect

This type of neglect happens when residents do not receive necessary medical attention, medications, or treatment for their health conditions. Symptoms of medical neglect include:

• Worsening of chronic conditions
• Infections due to untreated wounds
• Missed or incorrect medication administration

Causes of Nursing Home/Geriatric Care Negligence

Several factors can contribute to negligence in nursing homes:

• Staffing Issues: Understaffing, inadequate training, and high turnover rates among staff can lead to insufficient care. Overworked or poorly trained staff may be unable to meet the complex needs of residents.
• Poor Management: Ineffective leadership and management can result in inadequate policies, oversight, and resource allocation, compromising the quality of care.
• Lack of Resources: Financial constraints and budget cuts can lead to a shortage of essential supplies, equipment, and qualified personnel, further exacerbating the problem of neglect.
• Inadequate Training: Staff who are not properly trained in geriatric care, dementia care, or other specialized areas may fail to recognize and respond to the specific needs of elderly residents.

Pursuing a Negligence Claim

Nursing home/geriatric care negligence is not only a breach of ethical standards but also a legal issue. Families of neglected residents can pursue legal action to seek compensation and hold the facility accountable. Here are the steps to take:

Document Evidence

Gather necessary evidence, including:

• Medical Records: Detailed documentation of the victim’s condition and treatments.
• Photos: Images of injuries or poor conditions.
• Witness Statements: Accounts from residents, family, and staff.
• Incident Reports: Internal facility documentation.

Report the Negligence

Inform relevant parties:

• Facility Administration: Notify the administration to prompt an internal investigation.
• State Agencies: Report the abuse or neglect to the state’s nursing home complaint hotline by calling 1-888-201-4563 or fill out the form online.  
• Ombudsman Programs: Contact your local ombudsman for advocacy and mediation.

Consult an Attorney

Speak to a White Plains nursing home abuse lawyer as soon as possible for:

• Case Evaluation: Assess the strength of your case.
• Legal Guidance: Understand the victim’s rights.
• Claims Process: Help navigating the steps of gathering evidence and pursuing a claim. 

File a Lawsuit

If you cannot reach a fair settlement  with the facility, consider filing a lawsuit. Your claim may still settle before you must go to court. 

Going to Trial

If no settlement is reached, prepare for trial. Both sides must present their case and evidence. A judge or jury will determine the outcome. If successful, the court will award compensation.