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You Can't Trust the Grades at Long Island Nursing Homes

The New York State Department of Health maintains a website that offers information about local nursing home performance. You can also find nursing home ratings for Suffolk County on this site. Even US News and World Report participates in nursing home ratings. Quite a few Long Island nursing homes have made this list. The federal government also runs a ratings system.Unfortunately, even shopping around to find the best nursing home for your elderly loved one does not guarantee that they won't be abused or neglected at these facilities. According to The New York Times, it's common for nursing homes to violate federal regulations, and it's just as common for the government to avoid reporting these incidents to the public or factor them into their rating systems.If the federal government isn't disclosing all the information the it's difficult to believe that state agencies or private sites will do much better.In the federal cases, incidents uncovered by state inspectors got quashed during "a secretive appeals process," reports The Times. "The Times this year has documented a series of problems with Medicare's ratings system. Much of the data that powers the system is wrong and often makes nursing homes seem cleaner and safer than they are. The rating system also obscures how many residents are receiving powerful antipsychotic drugs."Often the appeals process excludes patients and their families. The oversights are serious.
  • More than 2,000 5-star facilities weren't following basic infection-control precautions.
  • At 40 5-star facilities, inspectors didn't think sexual abuse was a problem. 
  • Multiple homes have failed to prevent the spread of Covid-19 on their premises. 
Nursing homes have a duty of care to their residents. If your loved one gets injured or sick because they weren't supervising them closely enough, did not take adequate safety precautions, or had staff members who just downright physically, emotionally, or sexually abused them the you have a right to pursue justice on their behalf. Know the signs of abuse:
  • Frequent, unexplained injuries.
  • Fall injuries.
  • Stained or dirty clothing or bedding.
  • Bedsores or blisters.
  • Weight loss.
  • Signs of overmedication such as confusion, lethargy, or depression.
  • Changes in behavior, such as crying, fear, or withdrawal. 
Money from a nursing home settlement includes medical care costs for correcting the abused, your own lost income if you have to take time off work to care for an abused loved one, pain, suffering, and other losses such as recompense for money missing from your loved one's account or valuables missing from your loved one's room. If you think you might have a case, don't delay. Contact us for a free case evaluation.See also:Nursing Home Injuries
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Signs of Nursing Home Abuse and Neglect: What to Look For

Choosing a nursing home for a loved one is a difficult decision, one that involves careful research, visits, and considerations. Once you've entrusted the care of your family member to a nursing home, it's essential to remain vigilant about their well-being. Unfortunately, nursing home abuse and neglect are issues that can occur, making it crucial for you to know how to identify potential signs. In this blog, we'll explore the red flags of nursing home abuse and neglect and provide you with the information you need to ensure your loved one's safety and well-being. 1. Physical Signs: Keep a watchful eye for any unusual physical changes. Unexplained bruises, cuts, burns, or injuries could indicate physical abuse. Moreover, sudden weight loss, malnutrition, dehydration, or changes in personal hygiene can be signs of neglect. If your loved one's appearance or physical health deteriorates unexpectedly, it's essential to investigate further. 2. Emotional and Behavioral Changes: Pay attention to your loved one's emotional state and behavior. Signs of emotional abuse or neglect might include sudden mood swings, withdrawal from social interactions, increased agitation, depression, anxiety, or fearfulness. Drastic shifts in personality or unexplained changes in their demeanor could be indicators of a problem. 3. Poor Living Conditions: During your visits, take note of the living conditions within the nursing home. Dirty or unsanitary rooms, inadequate heating or cooling, lack of personal hygiene supplies, and poor maintenance can point to neglectful care. A well-maintained and clean environment is crucial for the health and well-being of the residents. 4. Unusual Financial Activity: Financial exploitation is a distressing form of abuse. Be cautious of any unusual financial transactions, changes in your loved one's financial situation, or missing personal belongings. Carefully review bank statements and keep an eye out for any unauthorized or suspicious activity. 5. Medication Mismanagement: Improper administration of medication can have severe consequences. Watch for signs of overmedication or undermedication, as well as unexplained changes in your loved one's health that could be related to medication errors. Discuss any concerns you have about medication management with the nursing home staff. 6. Isolation and Lack of Social Interaction: Social interaction is vital for mental and emotional well-being. If your loved one suddenly becomes isolated, avoids conversations, or seems distant, it could be a sign of emotional or psychological abuse. Engage with other residents and their families during your visits to gauge the overall social atmosphere. 7. Staff Apathy or Unwillingness to Communicate: Observe the interactions between staff members and residents. If you notice staff members being dismissive, rude, or unwilling to answer your questions, it might indicate a lack of proper care and attention. Open communication between families and nursing home staff is crucial, and any reluctance to engage should raise concerns. 8. Unexplained Injuries or Accidents: Frequent falls, accidents, or injuries without reasonable explanations are cause for alarm. It could signal inadequate supervision, neglect, or even physical abuse. Request detailed incident reports and thoroughly investigate any occurrences. Entrusting the care of your loved one to a nursing home is a significant decision, and ensuring their safety and well-being is paramount. By being vigilant and attentive to the signs of nursing home abuse and neglect, you can take proactive steps to address any issues that may arise. Regular communication with your loved one, building a strong rapport with nursing home staff, and conducting thorough inspections during visits are all key strategies in safeguarding your family member's health and dignity. If you suspect any form of abuse or neglect, don't hesitate to take action and seek legal assistance if necessary. Remember, your loved one deserves the highest quality of care, respect, and compassion in their later years. At Miller, Montiel & Strano, P.C., we have decades of experience you can rely on and the compassion you need during what may be the most difficult time in your life. You can contact us now.

Signs of Sexual Abuse in a Nursing Home

Sexual abuse is an unfortunate reality in many New York nursing homes. And while these facilities are trusted by families to protect and care for their elderly loved ones, far too many of them allow this violation to take place. When nursing homes fail to take reasonable steps to keep their residents safe, victims’ families can take legal action. It starts with recognizing the most common signs of sexual abuse. The nursing home injury attorneys of Miller, Montiel, & Strano, P.C. are here to guide you. The duties of nursing facilities By law, nursing home residents in New York are entitled to “dignity, respect and a comfortable living environment,” among other rights. This means nursing home staff owe their residents a duty to keep them reasonably safe from all forms of abuse, including sexual. Sexual abuse can happen at the hands of nursing home staff members, which obligates the facilities to conduct background checks on their employees and establish other safeguards. However, a patient can also be victimized by another resident in the facility or an outside visitor. Again, this means the facility must do what is reasonably necessary to protect the welfare of all residents. If there is evidence that the nursing home somehow neglected to keep their patients safe, and therefore permitted sexual abuse to occur, the victim and/or the victim’s family can take legal action to hold the facility liable. Signs you need to know about The National Center on Elder Abuse advises family members to keep an eye out for these and other signs: Bruising near the inner thighs, the genital area, or the breasts Torn, stained, or bloodied underclothing Unexplained venereal disease or genital infections Unexplained vaginal or anal bleeding, irritation, or pain Unusual difficulty walking or sitting Displays of extreme agitation or fear Unusual interactions between the victim and the alleged abuser Withdrawal from social situations Depression and anxiety attacks Post-traumatic stress disorder (PTSD) symptoms Suicide attempts Nursing home residents tend to be isolated and are sometimes even forgotten by their loved ones. Sexual predators, which may include nursing home employees, often seek victims who they know are not going to have much communication with the outside world. Therefore, the single best way to minimize the likelihood of sexual abuse happening is to visit and communicate with your family member often. What to do if you notice signs of abuse If you suspect that your loved one is being sexually abused in a nursing home, you should retain legal counsel immediately. Nursing homes often cover up or destroy evidence of abuse or take steps to make it difficult for family members to learn the truth. Also, abuse that is allowed to continue will almost certainly get worse and could endanger the health or life of your loved one. An experienced nursing home injury attorney can put a stop to the abuse and conduct an investigation to uncover what happened. This includes taking steps to obtain and preserve evidence of the facility’s negligence. Finally, your lawyer will seek compensation for the injuries your family member suffered. Medical bills and pain and suffering are just two examples of potential damages you or your loved one can ask a court to award. Criminal proceedings may be proper as well. Seeking Justice for Nursing Home Sexual Abuse Victims Miller, Montiel, & Strano, P.C. is committed to standing up for elderly victims and their families. Our attorneys work to hold nursing facilities liable for failing to keep their residents safe from abuse and neglect. If your loved one has been sexually abused in a nursing home, or you believe he or she has been abused, give us a call today.

My Loved One Has a Bedsore. Could It Be a Sign of Nursing Home Neglect?

Nursing home neglect is a persistent problem throughout the country. In the year 2020 alone, there were over 15,000 complaints of nursing home abuse or neglect filed, with 14% (2,100) of those reports concerning gross neglect. One common sign of nursing home neglect is the presence of bedsores on the patient. Recognizing this and other evidence that your loved one is not being taken care of is essential to demanding justice and compensation. Miller, Montiel, & Strano, P.C. advocates on behalf of nursing home patients who have been injured by neglect, abuse, and irresponsible conduct. We’re ready to review your case today. What are bedsores and why do they occur? Also called pressure sores, bedsores are injuries that develop in immobile (usually bedridden) nursing home patients. These painful sores occur when pressure from the patient’s weight restricts blood supply to the skin and tissue. The tissue can die and open up, leaving a wound that can easily become infected if it is not properly and promptly treated. Among the most basic responsibilities of nursing home staff members is to monitor their patients. That includes taking steps to shift and move patients so they are not lying or sitting constantly in the same place and develop bedsores as a result. Basically, these sores should not occur if the patient is being treated well. If not, the patient and his or her family may have cause for legal action. Why bedsores are so serious In addition to being painful, bedsores can lead to the potentially life-threatening complication of sepsis. These injuries may take months to heal and can aggravate other underlying health problems. They can be found on different parts of the body, including: Hips Lower back Tailbone Back or side of the head Shoulder blades Ankles Heels How bedsores point to negligence Numerous factors make bedsores more likely to occur, including: Inattentive staff Understaffing Unsanitary conditions Malnutrition Dehydration Inexperience with how to treat patients and bedsores Wet or tender skin Constant friction against sheets and linens These conditions should not be present if the nursing home is responsibly taking action to prevent abuse or neglect. Symptoms to look for As a family member, it will likely be your job to be the advocate your loved one needs. Nursing home patients are often isolated, lack sufficient mental capacity to understand they are being neglected, or too intimidated to speak up. By recognizing these and other symptoms, you can take a step in helping your loved one get the help they need: Sore or tender areas of the skin Unusual changes in skin color Changes in skin texture Swelling Pus-like draining An area of skin that feels warmer or cooler to the touch relative to other areas Bedsores are generally categorized in stages, with each successive stage indicating more severity. Stage 4 bedsores are the most serious and can cause extensive damage to deep tissues, tendons, and joints. Contact Our Nursing Home Injury Team Bedsores are a strong indication of nursing home neglect. Everyone who resides in a nursing home should be treated with the highest level of professional care and dignity. When this doesn’t happen, and a patient develops bedsores and other injuries, there will likely be extensive medical bills, pain and suffering and emotional distress, and sometimes even death. Your family member deserves better than this. Contact Miller, Montiel, & Strano, P.C. today to learn how our dedicated nursing home abuse and neglect lawyer can stand up for your loved one. Call us today.