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In New York, Man Admitted To A Nursing Home After A Hospital Discharge

The Senate Special Committee on Aging hearing on October 22, 1997, and the recent Time magazine article on malnourishment in nursing homes highlighted one particularly shocking type of abuse'. Other forms of abuse may be slightly more subtle, but nevertheless, ultimately rob individuals of their dignity and freedom. I was recently told about a New York State case of an older gentleman who was admitted to a nursing home after a hospital discharge. It was questionable whether or not he would recuperate sufficiently from a stroke to return to his home for which he had "life use". A heavy amount of therapy was immediately started and he spoke every day about returning home.

A nursing home ombudsman reassured the man that she would go to his home and check to see that everything was in order. When she got there, she found that the home was empty and undergoing renovations. A neighbor, who possessed the nursing home resident's power of attorney, told the ombudsman he was renovating the home to prepare it for rental, and that, in fact, it was to be rented the next month. The ombudsman asked about the "life use" of the property and the neighbor simply stated he did not anticipate the elderly man ever coming home again, and reported that the nursing home resident's personal belongings had been burned and his hunting dog given away. The ombudsman salvaged half of a grocery bag of old photographs for the nursing home resident and assisted in commencing legal action on his behalf. Although valiant efforts were made by the ombudsman in this situation, the man's health continued to fail so-that he was no longer able to return home. He eventually gave up pursuing legal action.


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Did You Know
What type of compensation are typically included in a settlement?
A typical med mal claim will include compensation for pain and suffering, payment of accumulated expenses for treating the injury caused by the doctor neglect and reimbursement for any past, present or future financial losses that you have incurred as a result of the neglect. However, this varies by State.


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26 Court Street, Suite 2100, Brooklyn, NY 11242
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