It’s normal for people to feel uncomfortable about the idea of putting their elderly loved ones into a nursing home. They know it’s the best decision they can make under the circumstances, but still have doubts.
They may feel guilty about not being able to provide the care their loved one needs by themselves. They may also be frightened by horror stories they have read about elderly people who were abused or neglected in nursing homes.
These uncomfortable feelings can come to the fore if anything goes wrong. These family members may look for someone to blame, and they naturally look to the nursing home.
This dynamic can be intensified by news media reports that focus on sensational cases, thereby casting a shadow over the whole industry.
Still, nursing home companies have a right to defend themselves and their employees after they have been accused of abuse or neglect.
Duty of care
In a medical malpractice case, one of the main questions is whether the defendant provided care that met standards of their profession. Nursing homes aren’t held to exactly the same standard as doctors or hospitals, but they may be held to the standards of the nursing home industry. One way to measure these standards is by referring to state regulations.
New York holds nursing homes within the state to a long list of minimum standards. Many of these have been revised over the past few years.
Among the regulations are minimum staffing requirements and spending requirements. Nursing homes must comply with these regulations at the risk of losing their licenses to operate.
Defending against claims
No one wants vulnerable people to suffer needlessly, and no nursing home wants to be put in the position of having to defend the care of its residents.
Attorneys who have experience in nursing home defense can help business leaders to assess their options.
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