People who have a loved one in a New York State nursing home expect that the proper care will be provided. That includes medication, physical therapy, activities, good nutrition, and more. When a resident suffers an unexpected illness, condition or injury, it is natural for the family to think there was abuse or neglect taking place.
It is not necessarily true and nursing homes and care facilities need to understand how these cases are pursued and what defenses can be lodged to avoid a costly claim. One area that is commonly scrutinized is if the nursing home had the proper staffing based on state law.
As part of the defense, it is imperative to prove that the law was followed. Then other aspects of the case must be assessed to show that the illness, injury or condition was not due to any missteps by staff members or the facility itself.
What are the nursing home staffing requirements in New York?
In New York State, nursing homes are expected to have the minimum in staffing to properly care for residents. Each facility must have staffing that equates to 3.5 hours of care for each resident. This can be a registered nurse, a licensed practical nurse, or a certified nurse’s aide. A minimum of 2.2 hours must be provided by a certified nurse’s aide while 1.1 hours must be provided by a nurse.
Those who believe their loved one was injured or lost their life because of a nursing home error will likely examine the staffing records to see if the necessary hours were met, who was providing the care, and how it was administered. A comprehensive defense can be helped by making sure the records are accurate, and staffing requirements have been met.
Examples of issues that can arise because of alleged staffing shortfalls include patients not receiving their medication when they should, suffering from bedsores, falling, and not getting emergency medical care when needed. Since any can result in a legal claim against the nursing home, making sure the staffing rules are followed and there are records to that effect is crucial.
Nursing homes must be protected against unfounded allegations
Allegations of nursing home wrongdoing are common. When a resident becomes unexpectedly ill, faces a life-threatening condition, is injured, or has any other problem while residing in or getting therapy in a facility, the family will want answers. This can lead to a legal claim alleging that the facility did something wrong or abusive. When crafting a nursing home abuse and neglect defense, it is wise to be fully protected with professionals experienced in these matters.
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