Elderly residents in nursing homes are under-monitored more often than we would like to think. As the Baby Boomer generation ages and begins to require more intensive medical care, the number of residents in New York City nursing homes continues to rise.
This increased number of residents in facilities is bound to make overcrowding and under-monitoring more of an issue in the future. As such, this could lead to an increased rate of injuries due to accidents and neglect.
Under-Monitoring is a Form of Abuse
A nursing home resident is under-monitored when staff does not attend to that resident’s needs and prevent accidents from occurring. Information from the New York City Department of Aging defines under-monitoring as a form of elder abuse.
As the number of residents in New York nursing homes continues to grow, the resources of these facilities and staff will continue to stretch. Incidents that occur because of under-monitoring will also continue to rise.
Potential Consequences of Under-Monitoring Nursing Home Residents
These incidents can have a devastating impact on a resident’s immediate and future health. Common examples of injuries and conditions that may arise as a consequence of under-monitoring include:
- Bedsores from a lack of repositioning
- Malnutrition or dehydration
- Falling out of bed
- Slip or trip and falls accidents in the facility
- Choking during mealtimes
Talking with our legal team could provide more information about under-monitoring and how it may have played a role in your loved one’s injuries.
For a free legal consultation, call (212) 732-2929
What Rights Do Nursing Home Residents have?
Every nursing home resident in New York City enjoys protections under the state’s resident rights plan. At the core of these rights is the ability to live with dignity and comfort.
Under-monitoring is a clear violation of these rights. Residents and family members who feel that under-monitoring is occurring can file a complaint with the Department of Health.
You can take Legal Action on Your Loved One’s Behalf
Just as every nursing home resident in New York City has rights under the law, nursing homes that violate those rights are liable to provide fair compensation for any injuries or damages that occur due to under-monitoring.
Residents who suffer injuries because of under-monitoring can pursue insurance claims and lawsuits for compensation.
These cases will aim to connect a pattern of under-monitoring to the legal concept of negligence. This involves showing how the nursing home failed to fulfill its duty to protect a resident, causing them to suffer injuries and damages. A lawyer from our team can provide more information about when a lawsuit or insurance claim may be appropriate following an injury due to under-monitoring.
How Can an Attorney Help You Build a More Comprehensive Claim?
It is a sad fact that many elderly residents in nursing homes are under-monitored. Despite advances in technology, nurses and other employees cannot keep adequate watch over residents when these facilities are understaffed.
If you believe that under-monitoring at their nursing home played a role in your loved one’s injuries or death, our firm may be able to help. We can work to explain your and your family member’s rights in these matters, investigate the facts that resulted in the injuries, and demand appropriate compensation.
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The Attorneys at Dansker & Aspromonte Associates will Review Your Case for Free
The legal team at Dansker & Aspromonte Associates can help residents and their families when under-monitoring has led to an injury. Since 1988, we have helped people like you protect their legal rights after an accident. Reach out to us today for your free consultation.