The Differences between Nursing Home Neglect and Nursing Home Abuse in Queens

Nursing home neglect is the most frequently reported and common type of elder abuse in nursing homes. Although the result of abuse and neglect can be catastrophic, there are definitive differences between the two.

Nursing home abuse is defined as an intentional act where the staff member intends to cause harm to the resident. Nursing home neglect is defined as sub-standard care, including a breach of duty, that causes harm to the resident. The kind and severity of neglect is different in every case, but there are four basic kinds of neglect that can occur in a nursing home facility. They are:

  • Medical neglect: This occurs when a nursing home fails to adequately attend to a medical condition or prevent a medical issue from occurring. An example may be staff that is not providing specialized care for bedsores, diabetes, infections, mobility issues, cuts and cognitive disabilities.
  • Neglect of basic needs: This refers to a facility that does not provide nutritious food and water in sufficient amount, or does not provide a clean and safe environment for the resident.
  • Neglect of personal hygiene: If a resident needs, but is not receiving assistance with the activities of daily living such as bathing, brushing their teeth and access to clean laundry.
  • Social or emotional neglect: This occurs if staff ignores the resident, isolates the resident, or yells and screams out of frustration at a resident.

It may be difficult to recognize when neglect is happening as there may not be physical evidence and the warning signs can be subtle and confusing. Additionally, any behavioral changes in the resident may only be obvious to those who visit them at the nursing home and if they do not receive many visitors, the changes may go unnoticed. There are some signs to look for if you suspect that your loved one is being neglected. These signs include bedsores, dehydration, rapid and severe weight loss, infections and malnutrition, abnormal behavioral changes such as social withdrawal, changes in appearance and personal hygiene, the sudden appearance of bruises or lacerations and environmental hazards such as wet or slippery floors, low lighting, broken wheelchairs, walkers, beds and other unsafe furniture.

A nursing home resident in a sub-standard nursing home facility in Queens is at much greater risk for injuries, infections and death. It is important to report this to the authorities as it can make a difference between life and death. If you suspect that your loved one has been neglected in their nursing home, call the experienced and compassionate attorneys at Jacoby & Meyers, LLP NY. We treat every client as if they are part of the family, and we will fight for you and remain by your side during the entire legal process. Call 877-504-5562 or email [email protected]. Don’t wait to get the justice and compensation your loved one deserves.

Source: CDC, National Center for Injury Prevention and Control, Division of Violence Prevention. (2016). Elder Abuse Surveillance

Dear friends and clients,

In furtherance of our firms culture of commitment to always act with compassion, concern and commitment to our clients, community and colleagues, we have been taking precautions to ensure that we are still fulfilling our ethical and moral obligations while prioritizing health, wellness and safety of all we can. 

As you know, the COVID-19 pandemic has introduced changes to many lives and businesses in our communities, and around the world. We, much like our neighbors and friends, have been taking precautions to ensure that we are still fulfilling our ethical and moral obligation to our clients, while also prioritizing the health, wellness and safety of our employees.

Until further notice, our offices will be closed to the public to encourage social distancing and to help prevent the spread of COVID-19. Our team is still hard at work, many from home, and you may still call, email, live chat or video conference us if you or a loved one is seeking legal assistance. As the first law firm to offer our clients secure online access to their case file more than a decade ago, we have always been believers in using technology to make life easier and information more accessible. In these present times it has been a smooth transition for us to continue to offer our clients the same seamless and thorough service that you deserve and are accustomed to.

This pandemic is unlike anything any of us have faced in our lifetimes, and while we can continue to emotionally support one another through it all, staying home and keeping your distance is vital to the health and wellness of our communities. It does not feel good to break routines, cancel events and retreat from our normal, day-to-day socializing, but let us remember that, in times of strife, prior generations were asked to go to war and we are simply being asked to stay home. Your isolation equals more lives saved, and more time for medical providers to prepare for the treatment of patients battling COVID-19.

When the dust settles, we will join together with a greater appreciation for our lives, local businesses, loved ones and health. Until then, we will continue to offer guidance from a safe distance.

Very truly yours,

Andrew G. Finkelstein and the staff of Jacoby & Meyers, LLP