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Information on Nursing Home Abuse and Medical Neglect
There are over 100,000 nursing home residents living in over 600 nursing homes in New York State. These nursing home residents are often frail, elderly, and unable to take care of their basic needs. Sometimes, they cannot even speak out when they are neglected or abused. Their health and well-being depends on the quality of care they receive from the nursing home. In addition to the annual inspections, the New York Department of Health also investigates complaints about nursing homes from residents, family members, and staff. When a nursing home resident has been abused or mistreated or has otherwise received poor care, a complaint can be filed with the state. The Department then investigates the complaint to determine whether the allegation can be validated. If it is, the state can fine or sanction the home and require it to correct the problem. Like the annual inspections, complaint investigations are a vital tool in ensuring that nursing homes are meeting federal health and safety standards and providing the level of care that residents deserve. The minority staff interviewed several family members who had filed complaints involving New York nursing homes in 1999. The family members interviewed by the staff were identified by advocacy organizations in New York, so they were not a random sample. Nevertheless, their experiences suggest that New York loses complaints, does not respond promptly, and fails to conduct thorough investigations.
Tom Deluca, a family member from Bronx, New York, had one typical experience. His mother is a resident of a nursing home in Bronx, New York. One day in 1999, he noticed that her leg was swollen and sore. Although Mr. Deluca’s mother complained of pain and could not walk, a doctor in the home told Mr. Deluca that his mother needed to get up and move around more. It took five and a half weeks before the nursing home finally had x-rays taken of the lower part of his mother’s leg and discovered that it was fractured. Mr. Deluca filed a complaint about his mother’s treatment with the New York Department of Health. An inspector did a preliminary investigation and told Mr. Deluca that she did not believe that there was reason for concern. Mr. Deluca asked her if she had looked at the x-rays of his mother’s leg. She responded: “I am not a radiologist, I don’t look at x-rays.” Mr. Deluca appealed to a supervisor who was more sympathetic and told Mr. Deluca that the case would be forwarded to an independent contractor who would look into it. Over four months later, Mr. Deluca received a call from the Department of Health telling him that the Department had lost track of his complaint and that it had never been forwarded. After another three weeks,the complaint was finally forwarded to the contractor.
Theresa LaMacchia, a family member from Brooklyn, New York, had a similar experience. Her mother was a resident of a nursing home in Brooklyn, New York. In 1999, her mother was placed on a feeding tube and became so dehydrated that she was sent to a hospital. The doctor at the hospital told Ms. LaMacchia to get her mother out of that nursing home because the home almost caused her death. Ms. LaMacchia called the Department of Health on July 14, 1999, to complain about the treatment. After not hearing any news for a few weeks, she called again on July 30. She was told that her complaint had been “misplaced” and that they had no record of it. She filed it again. In November, she was told that the state inspectors were notable to validate her complaint.
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