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Nursing Home Injury - Rights and Remedies - as printed in the Niagara Gazette on 01/18/2005

Posted: Friday, October 17, 2008

Our elderly are entitled to a dignified existence.  When a loved one is placed in a nursing home, he or she should expect the care that is paid for and deserve the degree of care that is appropriate for the well-being and dignity of the resident.

Family members often place their trust and confidence in a nursing home to care for an elderly relative.  Unfortunately, and all too often, nursing homes place their drive for profits above the needs and rights of residents.  This typically occurs from understaffing, which can result in injuries such as bedsores or ulcers on a resident's skin and can lead to infection, the need for surgery, or even death.  Appropriate nutrition and hydration are essential for maintaining the health of an elderly nursing home resident.  In facilities that are understaffed, there is often a lack of attention given to dieting, intake, poor nutrition, and hydration, which also are linked to the development of bedsores and skin breakdown.

You should know that there are state and federal laws that provide "resident rights" governing care such as the avoidance and prevention of bedsores, hydration, nutrition, ambulation, and many others.  Most cases against nursing homes stem from the facility's failure to provide appropriate health care and protective and supportive services.  Violations of these statutes often result in serious physical injury and can contribute to an undignified existence.  In some cases, the resident may actually suffer no physical injury, but because of the violation, the resident is deprived of general well-being and his or her right to a dignified existence while residing in the nursing home.

Other common problems we see are falls, wandering, choking, and urinary tract infections, all of which can lead to serious consequences in the elderly resident.

At Brown Chiari, we handle more nursing home negligence cases than any other law firm in Western New York and have achieved the largest verdict on behalf of a nursing home resident.

If you have a loved one in a nursing home, you should visit often, ask questions, express your concerns, and not be afraid to check for yourself the condition of your loved one's back, buttocks, and heels.  If you need legal assistance, we can help.