Even in a Pandemic, NY Nursing Homes Have a Duty to Protect Residents
On April 11, 2020 by 
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Having a relative in a nursing home is hard enough without worrying if they will get sick from coronavirus. As a result, extreme measures are being put into place in facilities all over the country to keep our aging loved ones safe.
AARP shared recently, for instance, that one of the biggest challenges nursing homes are facing is keeping residents from contracting the virus. So limiting outsiders from entering nursing homes is one of the primary measures being implemented in an attempt to curb the spread of this illness.
In the meantime, New York’s long-stanging nursing home liability laws remain in effect. This legislation provides the specific guidelines on the quality of care that your relative is legally entitled to receive.
Understanding them, in addition to preventative health measures, can provide you and your elderly family members with a greater sense of security in these uncertain times.
How Nursing Homes Are Keeping New York’s Elderly Safe
Because many of the patients have underlying medical conditions, the coronavirus can make its way through a nursing home much more quickly and with greater lethal force than among other population segments.
- So many nursing homes encourage families of residents to remain home and avoid visiting their relatives in all but the most urgent circumstances.
- Others are in states where officials are encouraging complete lockdown of nursing homes, allowing visitation only when a resident is dying.
- Even group activities inside these facilities are being canceled to help with social distancing.
What You Can Do to Help
That doesn’t mean you can’t let your loved ones know you love them, are thinking of them, and care deeply about what’s happening with them while they’re being kept safe inside.
In fact, it’s likely more important than ever that you find ways to reach out. We highly recommend taking advantage of all modern technology has to offer.
Voice and video calls, emails with photos and videos for your relative to enjoy will go a long way in keeping spirits up during this time of social distancing.
Also remember that despite the situation, your loved one’s facility also bears the burden of responsibility and still owes your relative the duty of care.
Nursing Home Liability in New York
By their very nature, nursing homes regularly have to contend with the risk of infectious diseases. During the regular flu season, they are on guard for outbreaks among residents, for instance, and that happens twice a year.
For this reason, nursing homes and assisted care facilities are required to be prepared for these sorts of incidences.
Facility Staff are Required to Follow Regulations
Facilities are required to have on hand appropriate equipment to deal with outbreaks to include masks, gloves, and antibacterial soaps and gels in appropriate quantities.
The staff and administration are also required to be properly trained with plans in place for outbreak prevention.
Despite this, there are still reports coming in from around the state of nursing homes running out of necessary equipment and staff unsure of how to handle the situation. This completely goes against nursing home regulations.
Even If You Can’t Pay a Face-to-Face Visit, Check on Your Loved Ones
It is important that you are regularly checking in on your relatives. Nursing home and senior citizens advocates are advising families who can’t visit their loved ones to stay in touch using technology, too.
Besides showing your loved ones support, video chats also give you an opportunity to make sure your loved ones are receiving the care they owed under the law.
If you suspect that your loved one is being mistreated, an experienced New York nursing home negligence attorney. Negligence on the part of a nursing home is unacceptable even in a crisis such as this.
A case review can help you determine whether the rights of your loved one have been violated and help you proceed with the next steps to getting them the justice and care they are entitled to if they are.