Your parents bring you into this world. However, after several decades, things shift from them taking care of you to you taking care of them. When your parents or other seniors you care for get older, you may find yourself having to make the difficult choice to either bring them into your own home or find senior care.
Nursing homes generally admit older residents who need medical attention and supervision around the clock. In many cases, families don’t have much choice but to take a loved one to a nursing home. Those families put their trust in the nursing home to offer the best possible care for their family member.
But what happens when that is not the case? Nursing home neglect and abuse is an emerging problem here in the United States as more baby boomers age and come to require some form of senior care. The current estimates say that between 1.4 and 1.5 million people in the U.S. live in a nursing home. Though it’s still a small percentage of all seniors in the country, the number is increasing, which is also, unfortunately, resulting in more cases of nursing home abuse.
If you or a loved one have experienced neglect or abuse in a nursing home, contact the New York City personal injury attorneys of Greenberg & Stein, P.C. Our decades of experience have given our attorneys keen insight into nursing home abuse, neglect, and other personal injury cases. Whether your case involves pain, suffering and/or emotional damages stemming from a improper care, lack of care or physical injury, we’re here for you—and we can help.
Nursing home neglect or abuse is any type of harm that comes to residents in long-term care facilities like nursing homes as a result of carelessness, understaffing or ignoring a resident’s needs or complaints. It’s important to remember that nursing home neglect and abuse is not limited to physical abuse. Nursing home abuse can also include actions that cause emotional injuries, sexual assault, or financial exploitation.
The lack of supervision and care for elderly residents at places designed to take care of them is more than aggravating for worried families, it’s dangerous to the health of the resident. These individuals put their trust and hope in nursing home providers to deliver the best treatment and care possible. However, that is not always the case.
There are many people at nursing homes who come into contact with a loved one, from residents to doctors to care providers. While cases of nursing home abuse do sometimes involve other residents, there are also far too many instances in which residents were mistreated by the very staff members employed to protect them.
The problem is expected to become a larger issue in the coming years. Population estimates project that one in five people in the United States will be 65 or older by 2030. Sadly, with more seniors turning to long-term living arrangements for help with their health conditions, one in six elderly adults claims some form of nursing home abuse.
Patient neglect is a specific legal claim. It asserts that a type of violation of law occurred and should result in a financial reward for damages related to the incident. This could include punitive or exemplary damages under the Public Health Law of the State of New York.R residential facilities (like nursing homes) must provide adequate supervision to make sure patients are safe and secure.
When this is not the case, the Residential Facility is guilty of patient neglect. Victims of neglect can file a lawsuit if they (or a loved one) believe the individual is enduring patient neglect.
Patient neglect is more common in the United States than most people realize. In general, there are two primary types of patient neglect:
Nursing home abuse and patient neglect are underreported in the United States. This is commonly because nursing homes and their employees are reluctant to self-report their mistakes or the mistakes of coworkers. In fact, the American Journal of Medical Quality estimates that 90 percent of all medical care safety issues go unreported.
You should never remain silent about such a serious issue. If a loved one is complaining about potential nursing home abuse or neglect, listen to them. If you believe the accusations are valid, it’s important to share the details confidentially with a legal representative, particularly if dealing directly with the nursing home provider proves unsuccessful.
A recent study prepared by the Special Investigations Division of the House Government Reform Committee found that 30 percent of nursing homes were cited for almost 9,000 occurrences of abuse over a period of just two years. 5,283 total facilities were reported for abuse. Of the 9,000 citations issued, 1,601 involved violations serious enough to cause actual physical harm to the residents. Common abusive behaviors included malnutrition and dehydration, untreated bedsores, subpar sanitation and hygiene maintenance, and a series of preventable accidents
Greenberg & Stein, P.C. is dedicated to protecting victims of abuse and educating those around them. If you have further questions about nursing home abuse in NYC, be sure to read our nursing home abuse FAQ. And if you realize that you or someone you love was victimized by the abusive behaviors of a nursing home staff member, then you can turn to an NYC personal injury lawyer at our office for help.
Ninety percent of nursing homes around the country have been the subject of at least one or more abuse violations. For this reason, victims need to know their rights and avenues for recourse. Nursing home abuse and neglect are never justifiable and should not be overlooked. In fact, authorities welcome such reports of abuse violations because it helps them promote safer and more effective service to the country’s elderly.
The average time you have to file a nursing home lawsuit depends on the state in which the abuse took place. The statute of limitations is two to three years in most U.S. states. In New York, the time limits vary. They range from as short as ninety (90) days to file a claim if the nursing home is owned by the State or other municipal body, to two years if a wrongful death claim is part of the case, to two and a half years if medical malpractice is involved to three years for nursing home negligence. In the case of intentional abuse the deadline could be as short as ninety (90) days or one year.
These deadlines run from the date of the injury or abuse, not the date the injury or abuse is discovered so it is important to consult with a professional as soon as possible because after the legal timeframe passes, the case is no longer valid in court. Many lawsuits take time to progress, which is why taking swift action is necessary.
Do not hesitate to reach out to a qualified nursing home abuse attorney in NYC. Lawyers need time to gather details about your case and conduct thorough research. The legal team at Greenberg & Stein, P.C. is fully prepared to advocate for you in a court of law, but we need to do so within time limitations set forth by the state.
Here are four steps to take after you suspect nursing home abuse of a loved one.
Or maybe you work at a nursing home and have unfortunately been the victim of nursing home sexual abuse. At Greenberg & Stein, we understand your concern for your loved one or yourself. This is why we will fight for your protection and to end the traumatizing abuse.
While it may be hard to hear, there are predators who prey on disabled victims because they believe they can get away with it. Unfortunately, nursing home sexual abuse is real and prevalent in numerous nursing home facilities.
That’s why it’s imperative that you call the sexual abuse and elder care attorney’s of Greenberg & Stein right away before it continues. They can review your case and help stop the abuse. Even in this dark time, it’s important to know that you are not alone. We are here to help take a stand against this atrocity.
Types of Nursing Home Sexual Abuse
It usually isn’t just sexual abuse. You could be tricked, manipulate, or coerced into unwanted sexual acts. There are other types of nursing home abuse that can add to your case.
This can be one of the most difficult types of abuse to prove which is why it’s imperative to seek out legal counsel for help on how to proceed. It could be as simple as blaming for small incidents, isolating them from friends and family. This can be as damaging as others, for example: humiliation, yelling, or intimidation.
This type of abuse is usually mixed with other forms and takes place at generally over-staffed nursing homes. Neglect also falls under this category. If you are experiencing physical abuse, take pictures, collect information such as dates, times, and names and catalog abuse such as: bed sores, bruises, dehydration, malnutrition, and preventable accidents.
Lastly, one of the most abhorrent types of abuse found in nursing homes is sexual abuse. It’s hard to believe that predators would prey on elderly patients or even caretakers in nursing homes. It’s important to pay attention to see if there is bruising on breasts or thighs, and blood on linens.
All of these types of abuse have distinct warning signs that you should be aware of, such as withdrawn behavior, depression, and other noticeable changes in behavior. Get more information about warning signs and info on elder care sexual abuse and check out the American Psychological Association to find statistic and clarification.
Once you have reached out to our team, we can start collecting evidence for your case, such as bruises, mood changes, dates, times, confessions, and any threats via emails or text. Nursing home sexual abuse can be hard to bring convictions, especially if an elderly patient lives in the facility where the trauma is taking place.
This is due to the fact that many nursing home patients have medical conditions that cause memory loss, confusion, or problems communicating. Also, sexual trauma may not leave a lot of physical evidence if not detected right away. Sadly, there is also limited elder sexual abuse research due to these facts. Nevertheless, always speak up and get the help you or your loved one needs. The best way is to seek the legal counsel of Greenberg & Stein, personal injury lawyers of New York City.
If you know that someone is suffering from nursing home sexual abuse, don’t wait to call the sexual abuse attorneys at Greenberg & Stein. Where there is an abuse of power over vulnerable senior citizens or from your employer, we will be there to fight for your maximum compensation.
Our firm has a reputation for taking on and winning difficult cases. The sooner you call us, the sooner we can begin collecting evidence and building a strong case. Let us be your legal advocate in this case.
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