New York nursing homes are strictly regulated to ensure the residents are properly cared for. That includes making sure they have proper staffing, that the facility itself is up to standard, and that the residents are given everything they need based on their condition.
Still, it is unavoidable that people will have illnesses, conditions, and injuries while living in a care facility. Some can be fatal. It is natural for family members to be angry about this and try to hold the staff and the facility itself responsible for what happened.
However, that does not necessarily mean that there was wrongdoing, abuse, or neglect. When crafting a defense against these allegations, it is imperative to know the law and to show that the staffing levels were sufficient to eliminate that avenue in a claim.
Adhering to the law for nursing home staffing levels is crucial
Proper staffing levels can protect the facility from claims that residents were injured or became ill because of a lack of attention. Nursing homes must have certified nurse aides and licensed nurses. For every resident, there must be enough staff to provide at least 3.5 hours of care. A minimum of 2.2 hours will be provided by nurse aides and 1.1 hours by nurses whether that it a licensed practical nurse or a registered nurse.
There are situations when the staffing standards might not have been met according to the law, but unexpected issues mean that the facility was still following the law. Examples are if there were extraordinary circumstances such as a natural disaster or catastrophe, there was a national emergency, or there was a state or municipal emergency.
Some regions could have a labor supply shortage. The facility is expected to be prepared if the lack of staffing is a foreseeable issue. In short, they need to address issues as they come up to make sure they are properly staffed. But if they do have the necessary staff, it can be part of a defense against allegations of wrongdoing.
Nursing homes can fight back against charges of neglect and abuse
While it is a terrible thing if a nursing home resident is seriously injured, becomes critically ill or dies unexpectedly, it does not automatically mean the facility and its workers are at fault. Staffing is frequently blamed for nursing home neglect and abuse. But the facility must make sure it understands to law and can protect its interests in a legal claim. Having advice from professionals experienced in this area of the law can be essential to reaching a positive outcome.
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