New York nursing homes have several potential defenses to use after being accused of abuse or neglect. One of the most common defenses is that the nursing home met the standard of care.
This is a simple defense that can be very effective and reducing or eliminating the nursing home’s liability.
Minimum legal standards of care
Nursing homes in New York are required to meet minimum standards. Showing that these standards were met and that the nursing home followed all regulations might be all you need to avoid liability. You are showing that the care the nursing home provided was consistent with the current specifications.
This essentially means showing that you did everything a reasonably prudent nursing home did under similar circumstances.
However, asserting compliance with standards is not enough. You must prove it with evidence.
Expert testimony
Expert testimony and documentation are evidence that can result in a successful defense against abuse or neglect.
The purpose of expert testimony is to bolster your assertion that the nursing home provides care in accordance with legal regulations. Experts can provide testimony that the nursing home’s actions are consistent with accepted practices within the nursing home industry and make your standard of care assertion believable.
Documentation
Thorough, organized and accurate records are strong evidence to refute a claim of abuse or neglect. Documentation showing the care provided to residents, such as assessments, test results and staff interaction with residents can show how the nursing home meets the standard of care.
Documentation can also come in the form of video evidence. For example, if a patient’s family member claims they are not receiving their required medication three times per day, documentation of the patient receiving their allotted medication combined with video evidence showing a staff member providing the medication three times is evidence the standard of care is met.
Being proactive
It is important to show that you take a proactive approach toward patient safety if you assert a standard of care defense. Have a written policy showing how the nursing home addresses issues and what corrective actions are taken when the standard of care is not met.
One potential drawback of the standard of care defense is that interpretations of standard of care can vary depending on the situation. The best place to start is by showing the nursing home complies with the minimum standards required under New York law and reinforcing that with additional evidence.
Protecting you against unfounded accusations
Accusations of abuse or neglect in your nursing home must be taken extremely seriously. The elderly are a vulnerable population and people trust nursing home staff to take care of their elderly family members.
A finding of abuse or neglect against your nursing home can harm you financially, professionally and even personally, if friends or family learn you are involved with a nursing home that neglects or abuses its patients.
A standard of care defense can not only relieve you of legal liability, but it can also help your nursing home maintain a reputation for taking the safety, health and well-being of its patients seriously.
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