O'Connor, O'Connor, Bresee & First, P.C.
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After incidents, help may be needed defending nursing homes

When there is an incident at a nursing home, charges against care workers may be the result. There may be times when those charges are warranted and other times when defending nursing homes and workers is a must because those charges are not warranted. Nursing home workers and facility managers in New York can benefit from understanding how incidents may be misinterpreted, misconstrued or unnecessarily pursued as criminal and how legal support can ensure a fair resolution when an incident has occurred.

A situation in one nursing home has recently led to criminal charges against two workers. The workers were arrested and face charges of violating the Adult Protective Services Act. The women were taken into custody after an incident that allegedly involved hitting a 93-year-old patient and holding her down.

The women involved in the case were allegedly trying to force the patient to take her medication. Previously, one person had already been charged with hitting her in the head during the altercation. The two women accused of holding her down were released from jail on bond.

In cases such as this where defending nursing homes is required in New York, the incident may need to be investigated fully and all sides of the story may need to be explored. Meeting the needs of patients may require physical contact and incidents can unfold which result in injuries, albeit without any mal-intent. Witnesses or further medical reviews or examinations may be used by experienced defense counsel to help present a sound defense, resulting in a fair outcome and protection for all involved.

Source: wiat.com, "Former Tuscaloosa nursing assistants arrested after allegedly abusing 93 year old", July 15, 2016

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