FAQs - Nursing Home

Section 2801-d of the public health law establishes a private right of action against a nursing home for a deprivation of a “right or benefit” created by a state or federal statute, code, rule or regulation. These rights and benefits relate to such things as bedsores, inadequate nutrition, mental and physical abuse, physical and chemical restraints, inadequate supervision, and failure to provide adequate and appropriate medical care.

Exploitation is defined as the wrongful use of an older person’s resources for profit or advantage. Some definitions refer simply to the misuse of an older person’s funds, property or person. To qualify as exploitation, resources must have been obtained without the older person’s consent or obtained through undue influence, duress, deception or false pretenses.

If you are concerned about abuse or neglect in the nursing home, be on the lookout for the following:

  • Unexplained bruises, cuts, burns, sprains or fractures in various stages of healing
  • Bedsores or frozen joints
  • Unexplained venereal disease or genital infections; vaginal or anal bleeding; torn, stained or bloody underclothing
  • Sudden changes in behavior
  • Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident
  • Staff not allowing resident to be alone with visitor
  • Resident being kept in an over-medicated state
  • Loss of resident’s possessions
  • Sudden large withdrawals from bank accounts or changes in banking practices

No. There are nursing home guidelines that are particularly sensitive to resident rights and safety. Nursing homes that lift and reposition residents with mechanical devices have found this practice to be safer for their employees and safer for their residents. These facilities have also found that resident dignity, independence and security are improved. There might be some situations where the condition of the nursing home resident will not be compatible with using a mechanical lift; in those circumstances, it might not be possible to use a mechanical device.

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