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  • Nursing Home Negligence and Bed Sores: Understanding Your Rights as a Resident

    Published on July 27, 2023

    If you are a nursing home resident in New York, you should be aware of certain rights. Both state and federal laws protect you, and some of your most important rights are related to receiving appropriate care and treatment.

    This includes the prevention and treatment of bedsores aka pressure ulcers. If you are subjected to nursing home negligence, you should immediately contact a personal injury lawyer and take action. Here is what you should know about your rights as a nursing home resident and what constitutes negligence.

    Nursing Home Rights

    Nursing home residents in New York have the right to be treated with dignity and respect, avoid abuse, neglect, and exploitation, and have the right to receive appropriate care and treatment for their existing conditions.

    You also have the right to participate in your care and treatment decisions, keep your medical records confidential, and make complaints about the care you receive without fear of repercussions.

    As a nursing home resident, you can have friends, family members, and advocates as visitors. You can also participate in activities that are meaningful to you, and you should always be informed about the services available and other rights. In many instances, nursing home residents are handed copies of their rights, or the facilities have a notice within their grounds that detail all of their rights and is easily accessible to residents.

    If you weren’t informed of these rights or they aren’t posted anywhere conspicuous, you should speak with a nursing home staff member for assistance.

    You can be transferred or discharged with advance notice if there are any medical reasons or because of your welfare. The New York State Department of Health and the Federal Centers for Medicare & Medicaid Services (CMS) protect all these rights. 

    Dealing With Nursing Home Negligence And Bed Sores

    Suppose any of the rights mentioned above are violated. In that case, nursing home residents should inform their families and work with a personal injury lawyer to guide them through the process of pursuing a claim against the nursing home.

    Generally, to win a nursing home negligence case, you need to prove that the nursing home had a duty of care to you and that they breached that duty due to their actions or inactions, which resulted in your injuries.

    Bed sores, for example, occur when individuals lie down in the same position for hours or days on end. These types of sores can occur only due to the nursing home staff’s negligence and can be detrimental to an elderly person’s health as other health risks might ensue.

     Victims should document any evidence of neglect or mistreatment to strengthen their claim, including taking photographs of the bedsores, gathering medical records, or contacting witnesses. Contact a personal injury lawyer specializing in nursing home negligence cases immediately to file your claim and hold the responsible parties accountable for their actions.


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