Are nursing home abuse and neglect considered medical malpractice?

Nursing homes are designed to provide elderly people with the care they need. Unfortunately, nursing home residents don’t always get that proper care. If your elderly loved one has been the victim of nursing home abuse and neglect, you may have questions about whether or not medical malpractice was committed.

Nursing Home Staff are Medical Professionals 

In nursing homes in New York, the staff is comprised of registered nurses and other healthcare professionals, such as doctors. Nursing homes are considered to be medical care centers, which is their main difference from assisted living facilities.

Since the patient care being administered is by medical professionals, those professionals can absolutely be sued for medical negligence if they violate the standard of care they’re required by law to provide for a patient. Hence, nursing home abuse and neglect is medical malpractice.

What constitutes violation of the standard of care? 

For medical professionals, a “standard of care” depends on the type of healthcare professional (nurse vs. doctor) and the specific situation. In most cases, the standard of care refers to what a reasonable professional would do in a similar situation.

Given that nursing home abuse and neglect is medical malpractice, below are some types of nursing home abuse and neglect, according to the National Center on Elder Neglect.

  • Physical abuse
  • Sexual abuse
  • Emotional or psychological abuse
  • Neglect
  • Abandonment
  • Financial exploitation

Physical abuse includes medication errors, inappropriate use of medicine, failure to give medical care when needed, and more, All of the above would be considered violations of the standard of care if committed by a healthcare professional within a nursing home. And, as stated, nursing home abuse and neglect is medical malpractice.

How can I file a medical malpractice suit in New York? 

Nursing home abuse and neglect is medical malpractice in New York. The best way to go about filing a medical malpractice claim for damages is to first discuss your options with an attorney. If you decide you do want to file a claim, you have two and a half years from the time that the abuse occurred to do so, according to New York Civil Practice Laws and Rules, section 214-a.

Contact a Nursing Home Abuse and Neglect Attorney Now 

To help you file your claim, and prove your elderly loved one was abused or neglected by nursing home staff and medical professionals, you should seek the help of an attorney. At Gacovino, Lake & Associates, P.C., we’ll provide you with a free case review, which can help you in making the decision regarding whether or not you should move forward with your lawsuit. If you have questions, call us today at 800-550-0000.

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