Nursing Home Abuse

Advocating for the Vulnerable: Nursing Home Abuse Attorney in New York

The decision to place our loved ones in a nursing home can be tough as they age, but we trust these institutions to offer the care and respect they deserve.

Unfortunately, some nursing facilities fail to meet their obligations, resulting in neglect and mistreatment of their patients. If you feel your loved one has been abused in a nursing home in New York, you must move quickly to safeguard their rights and well-being.

Over fifty percent of elders are going to need care in a nursing home at some stage in their lives as individuals live more than ever before and with chronic diseases such as dementia. Furthermore, nursing homes are commonly used for rehabilitation after hospitalization.

Although the growing significance of quality nursing home care, New York is one of the states with the lowest quality nursing home conditions.

Was a Loved One Neglected or Abused in a NY Nursing Home?

Nursing home abuse takes on various forms, and it is essential to be aware of the signs that may indicate your loved one is experiencing mistreatment. Nursing facilities must follow tight standards and procedures to ensure the safety and well-being of their residents.

Unfortunately, the number of occurrences of abuse in nursing homes is concerning; however, there may be other abuse cases that are not reported for a variety of reasons.

If you suspect that a loved one is being abused in a nursing home, call an experienced nursing home abuse attorney to discuss your legal options.

What Should I Do When Suspecting Nursing Home Abuse in New York?

If you believe your loved one is being abused or neglected in a nursing home, you must intervene quickly and take the following steps:

1. Observe and document: Keep an eye out for any strange changes in your loved one’s behavior or look. Any indicators of abuse or neglect, including bruises, injuries, mental distress, or unexplained weight loss, should be documented.
2. Communicate with your loved one: Discuss your loved one’s experiences and feelings in the nursing home in an open and supportive manner. Pay close attention and validate their concerns.
3. Report your suspicions: Contact local law police or emergency services if you fear your loved one is in immediate danger. Report abuse to the New York State Department of Health or the Adult Protective Services agency if it is not an emergency. You can call the NYS Adult Protective Services Helpline at 1-844-697-3505, if it is an emergency call 911.
4. Seek medical attention: Ensure that your loved one receives appropriate medical care for any injuries or health problems caused by abuse or neglect.
5. Consult with a nursing home abuse attorney: Reach out to an experienced attorney specializing in nursing home abuse cases to discuss your options and protect your loved one’s rights.

When Do I Need a Lawyer for a Nursing Home Abuse?

If you suspect nursing home abuse, you should speak with a lawyer if the nursing facility is refusing to cooperate: If the institution fails to effectively address your complaints or denies any wrongdoing.

Legal assistance can assist you in navigating the legal system’s intricacies. Similarly, if your loved one suffers substantial physical or mental injury as a result of abuse or neglect, an attorney can assist you in seeking compensation for their suffering. It is also possible that you may need help gathering the evidence necessary to file a lawsuit.

An expert nursing home abuse lawyer has the skills and resources to collect the evidence needed to construct a solid case on your behalf. Finally, if you are not sure what your legal options are, hiring an attorney is definitely your best option.

It might be difficult to understand your rights and the legal choices open to you. Throughout the process, an attorney can give crucial direction and assistance.

Common Forms of Abuse at a Nursing Home

Abuse can manifest in several forms. Here are some of the most common ways:

• Physical abuse: This type of nursing home abuse involves the purposeful use of force on a resident, resulting in bodily harm, discomfort, or disability. It can involve behaviors such as beating, slapping, shoving, kicking, or inappropriately employing restraints, which can cause injury and suffering to the vulnerable individual.
• Emotional or psychological abuse: Emotional abuse occurs when staff members or other residents inflict emotional pain, distress, or mental anguish on the resident. This may involve verbal abuse, threats, humiliation, isolation, or manipulation, leading to emotional trauma and a decline in the resident’s mental well-being.
• Sexual abuse: Any non-consensual sexual contact, harassment, or exploitation of a resident is considered sexual abuse at a nursing home. Personal boundary violations can have serious physical and psychological implications, leaving the resident feeling violated, afraid, and defenseless.
• Neglect: Neglect happens when a nursing home fails to offer appropriate care and attention to fulfill the fundamental requirements of the residents. It might include poor nourishment, hydration, hygiene, medical treatment, and a lack of support with everyday chores, all of which can be harmful to a resident’s health and well-being.
• Financial abuse or exploitation: Financial abuse is defined as the improper use of a resident’s finances, property, or assets for personal advantage, which is frequently performed by staff or even other residents. This might lead to the resident’s financial ruin, affecting their capacity to afford sufficient care and assistance.
• Verbal abuse: The use of harsh, threatening, or degrading words against residents, producing emotional pain and anxiety, is considered verbal abuse. Abuse of this nature can damage a resident’s self-esteem and create an unpleasant living environment.
• Medication abuse: Medication abuse happens when staff employees deliver incorrect prescriptions, either in incorrect doses or unneeded medications, or purposefully withhold required medications. This might result in major health consequences or worsening of pre-existing medical disorders.
• Abandonment: Abandonment occurs when nursing home personnel abandon a patient without planning for suitable care, putting the vulnerable individual at danger of harm, neglect, and exposure to hazardous situations.
• Improper use of restraints: Restraints should be used only when absolutely required and in conformity with medical norms. Improper restraint use, such as restricting people excessively or incorrectly, can result in physical injury and damage to the resident’s dignity.
• Inadequate medical care: Nursing homes are required to offer residents with the essential medical care and treatment. Inadequate medical treatment is defined as failing to address medical concerns immediately, misdiagnosing illnesses, or failing to adhere to recommended medical regimens, all of which can result in major health implications for the resident.

The Most Common Causes of Neglect at a Nursing Home in New York

Just like abuse can manifest in several forms, negligence can be caused for various reasons. This is a list of common causes of negligence in nursing homes:

• Inadequate staffing levels: Understaffed nursing facilities sometimes struggle to offer enough care and attention to all residents. This might result in hurried treatment, missing check-ins, and a reduced capacity to respond to crises or residents’ needs quickly.
• Lack of proper training and supervision of staff: When staff members are not properly prepared to handle the complex requirements of senior people, they may unwittingly overlook critical care or make mistakes in medication and therapy administration.
• Staff burnout and high turnover rates: Caring for elderly seniors can be emotionally and physically taxing, resulting in worker burnout. Because of the high turnover rate, new and inexperienced personnel may continuously join the facility, undermining the continuity of care and familiarity with the requirements of the patients.
• Insufficient resources and funding: Some nursing homes may experience financial limits, resulting in fewer resources to offer residents with proper facilities, medical equipment, and critical services.
• Poor management and organizational practices: Ineffective management can lead to a breakdown in communication, inconsistent policies, and a lack of responsibility, all of which can contribute to neglectful conditions.
• Failure to meet regulatory standards and guidelines: Nursing homes are subject to strict regulations and guidelines aimed at ensuring residents’ safety and well-being. Failure to comply with these standards can lead to neglectful conditions and subpar care.
• Negligent hiring practices and background checks: Failure to complete extensive background checks throughout the recruiting process may result in the hiring of persons with a history of abuse or carelessness, placing residents in danger.
• Lack of accountability and oversight: Abuse may go unrecognized and unaddressed at a nursing home if sufficient supervision and accountability are not in place.
• Communication breakdown between staff and residents/families: Poor communication between personnel, residents, and their relatives can make it difficult to identify and resolve abuse or neglect situations.
• Inadequate systems for identifying and addressing resident needs: Nursing homes must have strong processes in place to quickly identify and satisfy the particular requirements of their residents. Failure to do so may result in a failure to offer essential care and assistance.

Addressing these causes of neglect is critical to enhancing the quality of care in nursing homes and guaranteeing residents’ safety and well-being. Families should be cautious when choosing reputable nursing facilities with a proven track record of delivering great care, and they should prioritize regular communication with staff to resolve any problems as soon as possible.

Furthermore, regulatory bodies are critical in enforcing standards and holding nursing facilities accountable for negligent actions.

How Long Do I Have to File Neglected or Abused in a NY Nursing Home?

In New York, there is a statute of limitations that determines the timeframe within which you can file a claim for nursing home abuse or neglect.

For most nursing home abuse cases, the statute of limitations is three years. Nonetheless, if the nursing home is government-owned, the statute of limitations will most likely be shorter.

It is crucial to consult with an attorney promptly to ensure you meet the necessary deadlines.

How Can I Detect and Prevent Nursing Home Abuse?

Being diligent and aggressive in detecting and preventing nursing home abuse is required. Here are some pointers to assist you safeguard your loved one:

1. Maintain open contact with your loved one and visit them on a frequent basis to assess their well-being.
2. Staff should be educated and properly trained: If you see that members of the staff do not appear to be adequately trained, are not friendly to their residents, or do not handle the elderly with care, you should be extremely cautious.
3. Examine the facility: Before making a selection, look into the nursing home’s history, reviews, and inspection reports.
4. Trust your instincts: If anything does not feel right, look into it more and, if necessary, seek legal counsel.

What Is My Nursing Home Abuse Case Worth?

The value of a nursing home abuse case can vary depending on the extent of harm suffered by the resident. The worth of your case will mainly be determined by the severity of the physical and emotional injuries sustained by the victim.

Compensation must cover all present and future medical expenses. This includes surgery, prescriptions, physical and psychological therapy and other expenditures. Similarly, pain and suffering can represent a significant portion of the compensation.

Pain and suffering refer to the emotional damage and trauma suffered by the elder who was abused. Some seniors may start suffering PTSD (post-traumatic stress syndrome), anxiety and other psychological conditions after the case of abuse. 

It is critical to accurately assess the value of your argument. A skilled nursing home abuse attorney can assess the reimbursement value to ensure that you receive the compensation you deserve.

Who’s Liable For Nursing Home Abuse in New York?

There are several parties that can be held liable in nursing home abuse cases. One of the most common parties that may be responsible is the institution itself. Nonetheless, depending on the specific circumstance of each case there may be other parties involved such as individual staff members or even third-party contractors responsible for the care of residents. 

How Our New York Personal Injury Attorneys Can Help in a Nursing Home Abuse Case?

At Greenberg & Stein P.C. We are fully committed to helping our clients get the compensation they deserve. Our legal team will investigate the case and gather the evidence necessary to make sure you have a solid evidence-based case.

Our very experienced nursing home abuse attorneys can also negotiate with insurance companies on your behalf. Keep in mind that insurance companies try to pay as little as possible. For that reason, they employ different tactics to achieve their goal.

Skilled attorneys know how to deal with them and get fair compensation. Similarly, our attorneys will fight for your rights and represent you in court if necessary. Finally, our team also provides compassionate support because we know how difficult it is to deal with a nursing home abuse case. 

If a loved one has been the victim of nursing home abuse, contact us immediately. Call us at 888-716-4088 to schedule a free consultation to review your case.

If you need a lawyer for your nursing home abuse case in New York City, New York then do not wait to contact Greenberg & Stein, P.C. at 844-211-6150.