Areas of Practice

Nursing Home Abuse and Neglect

There are approximately 17,000 nursing homes in the United States today with 1.8 million beds. These facilities provide skilled nursing care and related services for some of the most vulnerable members of our population.
Consider that nearly all residents are unable to perform certain basic activities of daily living and up to 80% need health services for mental impairments.
On the other hand, most nursing homes are operated for profit with 52% being part of a chain. Approximately $78 billion is spent annually for nursing home care in this country.
Due to the convergence of profit motives, weak regulatory history and a comparatively powerless and poor patient population, the country has seen a surge in litigation involving nursing home abuse and neglect.

The abuse and neglect of nursing home residents is increasingly the focus of attention at both the state and federal levels of government. A special congressional report has found that a third of nursing homes in the United States have been cited for abuse violations from 1998 - 2000. 2,500 of these abuse violations were serious enough to cause actual harm to residents or to place residents in immediate jeopardy of death or serious injury. The percentage of nursing homes cited for abuse violations in annual inspections tripled from 1996 - 2000.

Clearly, the problem of neglect and abuse in nursing homes and assisted living facilities is far more prevalent than is generally recognized by the public. This abuse and neglect can take many forms, e.g., verbal, physical, dehydration, malnutrition, sores, falls, etc. Counsel for victims of this abuse must be aware of the regulatory, statutory and case law applicable to such cases. For a fuller discussion of these issues, see the most recent Smith Abbot Newsletter here.

New York, in particular, has enacted a number of statutes specifically to supplement the general common law rights of nursing home residents. New York Public Health Law, §2803-c, for example, sets forth a statement of rights that must be posted in each facility. Other sections of the law allow a resident to sue for violations of these rights as well as for attorney’s fees. In addition, residents may be able to sue facilities under the General Business Law for injuries due to misrepresentations of the care they promised to provide their residents. Moreover, under general principles of negligence and malpractice, facilities are under a duty to exercise such reasonable skill and care as the patient’s medical and physical condition requires.

New York state law and regulations in conjunction with the Federal Nursing Home Reform Act and regulations promulgated thereunder, provide powerful avenues to ensure resident quality of care and provide for compensation for victims of abuse.
Smith Abbot is committed to protecting the rights of this most vulnerable and growing segment of our population and their families. Our experienced team of attorneys and nurses are ready to bring effective legal action to obtain full and fair compensation for victims of abuse and neglect.

If you or a loved one has been the victim of abuse, malpractice or negligence in a nursing home or assisted living facility and would like a fair evaluation of your case, please call us toll free at 1-866-443-0303 or e-mail jameswalkersmith@smithabbot.com for more information and free consultation.