The Nursing Home Law Center is committed to providing the legal resources necessary to hold negligent facilities accountable.
Buffalo Nursing Home Abuse Lawyer
Nursing home abuse is a devastating issue that affects elderly residents in Buffalo and across western New York.
Seeking legal help from an experienced Buffalo nursing home neglect lawyer is critical. An attorney can help families navigate the legal process, hold negligent parties accountable, and pursue justice for the victims, ensuring they receive the compensation and care they deserve.
Why Hire Nursing Home Law Center
At Nursing Home Law Center, we are dedicated to obtaining justice and compensation for victims of nursing home abuse. Our skilled legal team has a strong history of managing these cases carefully and securing substantial settlements and verdicts.
We perform in-depth investigations to ensure that every element of the abuse, including medical costs, emotional suffering, and other damages, is appropriately addressed. With our extensive knowledge of nursing home abuse claims, our New York nursing home abuse lawyers handle the legal challenges efficiently and relentlessly defend your rights.
Our law firm offers compassionate and clear communication throughout the process, ensuring you and your loved ones feel supported, secure, and well-informed at every stage.
Types of Cases Handled by Our Buffalo Nursing Home Abuse Lawyers
Elder abuse occurs when residents in a care facility are mistreated or neglected by caregivers, leading to harm, suffering, or exploitation. This abuse can take many forms, all of which violate the rights of vulnerable individuals. Our Buffalo nursing home abuse lawyers handle a wide range of abuse cases, including:
- Physical Abuse: Includes physical harm or injury, such as misusing restraints.
- Mental and Emotional Abuse: Inflicting fear or psychological harm, isolating and threatening residents.
- Sexual Abuse: Any form of unwanted or inappropriate sexual contact.
- Medical Malpractice: Failure to provide adequate medical care.
- Negligence: Failing to provide residents with necessities, such as hygiene, nutrition, and hydration, or allowing residents to wander unsupervised (elopement).
- Financial Abuse: Theft or misuse of a resident’s funds or assets.
- Wrongful Death: Cases of sudden death due to nursing home negligence.
Understanding Your Legal Rights
Federal and state laws protect residents in Buffalo nursing homes and ensure their rights to safety, dignity, and proper care.
The Nursing Home Reform Act of 1987 is a key federal law that sets standards for care in nursing facilities. It requires that residents receive the highest practicable level of physical, mental, and psychosocial well-being.
Additionally, New York state laws offer further protections, ensuring that nursing homes meet strict patient care and treatment guidelines.
The residents themselves can file a claim to hold nursing homes accountable and seek compensation for nursing home injuries and losses caused by the abuse. If the resident is physically or mentally incapacitated, family members or legal representatives can file a claim on their behalf.
Liability in Nursing Home Neglect and Abuse Cases
In nursing home abuse cases, multiple parties can be held liable for the harm caused to residents.
- Caregivers: Those directly responsible for the resident’s day-to-day care can be held accountable for acts of abuse, such as physical harm or neglect.
- Nursing Home Management: If the facility fails to properly train staff, monitor patient care, or address complaints of abuse, they can be held liable for negligence.
- Medical Staff: Doctors or nurses may be responsible for medical malpractice, such as administering the wrong medication or failing to treat infections like bed sores.
- Third-Party Contractors: If the nursing home hires outside companies for security or food, and these companies contribute to the abuse or neglect, they can also be liable.
How Our Buffalo Nursing Home Abuse Attorneys Can Help
Our nursing home abuse law firm has a proven track record of successfully representing victims of nursing home negligence. Here’s how we can assist you:
- Free Case Evaluation: We offer a free consultation to review your case and advise on the next steps.
- Case Investigation: Our legal team conducts a thorough investigation to gather evidence and uncover the truth behind the abuse.
- Filing the Claim: We handle all aspects of filing a claim against the nursing facility or responsible parties.
- Settlement Negotiation: We work to negotiate a fair settlement, ensuring compensation for medical expenses, pain and suffering, and other damages.
- Trial if Needed: If a settlement cannot be reached, our trial lawyers are fully prepared to take your case to court to fight for your rights.
Common Signs of Elder Abuse Among Nursing Home Residents
In Buffalo, there are 41 Medicare-certified nursing homes. Of these, 14 (34%) have an overall score below or much below average. Sixteen facilities (39%) fall short in health inspections, and 17 nursing homes (41%) have inadequate staffing levels. Seven facilities (17%) are rated poorly in quality measures. [1]
Recognizing the warning signs of nursing home abuse is essential to protecting your loved ones. Some of the most frequent indicators include:
- Unexplained physical injuries, such as bruises, cuts, or broken bones
- Bedsores (pressure ulcers)
- Sudden weight loss, which may suggest malnutrition or dehydration
- Poor hygiene or unsanitary conditions
- Emotional withdrawal
- Depression, anxiety, or fear around certain staff members
- Frequent infections, including recurrent illnesses
- Financial discrepancies
- Wandering or elopement
The worst nursing homes in Buffalo include:
Comprehensive Rehab & Nursing Ctr at Williamsville | Elderwood at Amherst |
Ellicott Center for Rehabilitation and Nursing | Humboldt House Rehabilitation and Nursing Center |
Niagara Rehabilitation and Nursing Center | Safire Rehabilitation of Northtowns, LLC |
Williamsville Suburban, LLC |
What to Do If You Suspect Nursing Home Abuse
If you suspect nursing home abuse, it’s essential to follow these steps to protect your loved one:
- Call 911 if your loved one is in immediate danger or requires urgent medical attention.
- Report the abuse to the nursing home administrator or management. They are required to investigate and address complaints.
- File a complaint with your local Ombudsman’s office. The office advocates for nursing home residents and can investigate abuse allegations.
- Contact a Buffalo nursing home abuse lawyer. An experienced nursing home negligence lawyer can help guide you through the legal process and hold the responsible parties accountable.
Damages You Can Recover Through a Nursing Home Abuse Claim
When filing a nursing home abuse claim, victims and their families may be entitled to recover several types of damages, including:
- Economic Damages: These cover measurable financial losses such as medical expenses, costs of relocation to a new facility, rehabilitation, and any future medical care required due to the abuse.
- Non-Economic Damages: These address the emotional impact of the abuse, including compensation for pain and suffering, emotional distress, loss of enjoyment of life, and the trauma experienced by the victim and their family members.
- Punitive Damages: In cases of severe negligence or intentional harm, punitive damages may be awarded to punish the wrongdoers and deter similar conduct.
The Cost of Hiring a Buffalo Nursing Home Abuse Lawyer
At Nursing Home Law Center, hiring a Buffalo nursing home negligence lawyer comes at no upfront cost to you. Our firm works on a contingency fee basis, meaning you only pay if we successfully recover compensation for your case. This ensures families can pursue compensation without the burden of legal fees.
You Have Limited Time to Take Legal Action in Buffalo
In New York, victims or their family members generally have three years from the date of the abuse or injury to file a personal injury claim. For cases involving wrongful death, the time limit is typically two years from the date of death. Several things can impact how long your statute of limitations is, such as whether it’s a medical malpractice lawsuit.
Missing deadlines may prevent you from pursuing compensation for the abuse or neglect. Contacting a Buffalo nursing home neglect lawyer immediately protects your legal rights.
Contact a Buffalo Nursing Home Abuse Attorney Today!
If you or a loved one has been a victim of nursing home abuse, our experienced team at Nursing Home Law Center is here to help. Contact our Buffalo nursing home abuse lawyers for a free consultation.
With a proven track record of successfully handling nursing home abuse cases in Buffalo and across Western New York, we are dedicated to securing justice and compensation for victims.
Call us at (800) 926-7565 or complete our contact form to secure expert legal representation.
References: [1] Medicare