Troy Nursing Home Abuse Attorneys

Frequently Asked Questions (FAQs)

Are nursing homes in New York subject to specific regulations?

Nursing homes throughout New York are regulated by both New York nursing home regulations and, if they accept Medicaid/Medicare, federal nursing home regulations. In New York, violation of a nursing home regulation can be used to prove that the nursing home was negligent. The nursing home is liable for any resulting harm to your loved one. Proving negligence is also possible when no specific regulation has been violated.

Can I win a claim against a nursing home for a slip and fall accident?

It is certainly possible if you can prove negligence on the part of the nursing home or its employee. Perhaps floors were not kept dry, for example, or perhaps your loved one was inadequately supervised. It is even possible to file a claim for a slip and fall accident caused by another patient if the nursing home failed to provide adequate supervision.

What legal rights do nursing home residents enjoy?

Nursing home residents hold certain rights guaranteed under New York and federal law, including:

• The right to be treated with respect;
• The right to manage their property or to designate someone else to do this for them;
• The right to consult with their own doctor;
• The right to refuse treatment or medication;
• The right to live as independently a possible under the circumstances; and
• Many other rights.

Some of these rights (such as management of their property) can be transferred to another person if the nursing home resident is declared incompetent by a judge, or if they voluntarily execute a power of attorney.

How do I research the quality of a nursing home online?

For nursing homes that take Medicare/Medicaid (the vast majority of them), you can search the federal Medicare website. This webpage allows you to search by business name or geographic area. It lists the nursing home’s general quality rating, health inspection results, staff quality and other quality measures.

What are some of the most common indicators nursing home abuse?

Although many conditions might indicate nursing home abuse, some of the most common include:

• Decubitus ulcers (bedsores)
• Unexplained weight loss, possibly caused by malnutrition, especially if your loved one cannot eat without assistance,
• Bruises, cuts, abrasions or broken bones (possibly caused by falls resulting from inadequate supervision).
• Emotional problems (possibly caused by psychological abuse).

Feel free to get in touch with our Troy nursing home abuse lawyers to discuss your situation.