QUESTION
How should we handle a nursing home possible patient abuse issue?
Asked on Oct 22nd, 2011 on Elder Law - New York
More details to this question:
My mother, as witnessed by her roommate, has been handled roughly by one of her nighttime nurses so as to make her scream in pain. The daytime nurses were told of it though nothing has been done to keep that nurse away from patients, including my mother. What should we do? Go with what we have or collect more evidence? None of use live locally to the nursing home so we can''t be there all the time. Can a nanny cam be used? Thank you.
1 ANSWER
Title 42 of the Code of Federal Regulations, section 483.25 states that "Each resident must receive and the facility must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being." Additionally, section 483.13(b)makes clear that "The resident has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion." Certainly, if the the allegations you assert are true, the facility is in direct violation of these provisions of the Code. The Code guarantees the rights of residents of nursing homes and assisted living facilities. Incidents such as the one documented above, while unfortunate, reinforce the necessity of maintaining the highest levels of staffing at such homes, in order to prevent future episodes from arising.
You may utilize a "nanny cam" to uncover future evidence but it will do little to document to most recent instances. A formal written complaint should be made to the facility documenting the incident, merely telling the daytime nurses will not be enough. You should consult with an experienced nursing home abuse/negligence attorney in your area.
- Alfred Polizzotto, III
Answered on Oct 26th, 2011 at 2:19 PM