Personal Injury Law

When you take your loved ones to a nursing home, it can be an emotionally draining experience. Now, imagine that nursing home doesn't "exist" in a legal sense. That's exactly what has happened in Glens Falls, New York, where the Eden Park Health Care Center was found to be operating illegally.

Glens Falls Crossings

In September 2007, it was reported that Glens Falls Crossings LLC, Catskill Crossings LLC, Poughkeepsie Crossings and Utica Crossings LLC, which were issued Certificates of Need by the New York State Department of State for operating these nursing homes, don't exist. The DOS Division of Corporations has said there is no record of Glens Falls Crossings LLC, and the other three are not registered with the state. Being registered is an obvious requirement for operation of a nursing facility.

Glens Falls Crossings registered a domain citing affiliation with Cold Springs Hills Center for Nursing and Rehabilitation, but Cold Springs officials claim this isn't so. They've also never heard of Glens Falls Crossings. This is cold comfort to those families who allege abuse of their family members while they were at Glens Falls. And the list of alleged abuses is chilling. Heating units were turned off in rooms as temperatures outside hovered around freezing. Nursing students poked and prodded residents of the facility as they tried to eat. Staff refused to tell family members why residents were taken to the hospital. Missing medication, call buttons that do not work, and a litany of other alleged abuses have been recorded. Though these abuses were recorded with the Department of Health, complaints were ignored and not investigated.

The future of Eden Park in Glens Falls will probably be comprised of lawsuits as family members begin to sue. As a place which obtained its certificate of need under phony pretenses and is not registered with the state or county, there seems to be little doubt that those involved will find any sympathy from the accusers.

Neglect and Abuse

According to the National Consumer Voice for Quality Long-Term Care (NCCNHR), neglect and abuse are two different things, but are both criminal acts.

• Neglect - May or may not be intentional. It is failing to care for someone which might result in harm or pain. Examples include lack of changing incontinent individuals, lack of bathing, lack of assisting those who need help eating or drinking, and lack of assisting those who need help walking.
  
• Abuse - This is the intentional cause of pain or harm. Types of abuse include intimidation, mental, physical, sexual, verbal, psychological abuse, unreasonable seclusion, and corporal punishment.
  

It is probably no surprise that reports of nursing home abuse are on the rise. People are more aware of what to look for thanks to media reports and more intensive investigations (when investigations take place is another thing, though). Due to the aging population of Baby Boomers, more people are going into nursing facilities, and this can be overwhelming to small staffs that are not paid very well. However, this last point should have no bearing on the care of the elderly.

If you feel a loved one may be the victim of elder abuse, contact the facility supervisor or hospital administrator to file a report. You may also contact the police, or a protection advocacy group. And if your loved one has been abused, please contact an injury lawyer with experience in the field of nursing home abuse.