Albany Nursing Home Abuse Lawyer

Nursing home abuse is a severe issue affecting some of the most vulnerable members of society—senior citizens in nursing homes and assisted living facilities. Families trust nursing homes to provide proper care and a safe environment for their loved ones, but unfortunately, this trust is sometimes broken.

It is essential for victims and their family members to seek help from an experienced Albany nursing home abuse attorney. Our skilled nursing home abuse attorneys are knowledgeable about state and federal regulations governing nursing homes and assisted living facilities and can pursue compensation for the injuries and suffering endured by the victims.

Why Hire Nursing Home Law Center

Nursing Home Law Center is dedicated to obtaining justice and compensation for victims of nursing home negligence. Our nursing home abuse attorneys have a history of handling abuse cases carefully and achieving significant settlements and favorable verdicts for our clients.

We conduct comprehensive investigations to ensure all elements of the abuse—such as medical costs, emotional distress, and other related damages—are thoroughly addressed. With our extensive experience in nursing home neglect claims, we handle the intricacies of each case effectively and work relentlessly to protect your legal rights.

Types of Cases Handled by Our Albany Nursing Home Abuse Lawyers

Nursing home abuse refers to any intentional harm inflicted upon vulnerable residents within a nursing home or assisted living facility. This abuse can take many forms, each of which can cause significant physical, emotional, and financial harm. 

At Nursing Home Law Center, our Albany nursing home abuse lawyers are experienced in handling a wide range of abuse cases, including the following:

Physical Abuse

Physical abuse occurs when a nursing home’s staff or other residents inflict bodily harm on a nursing home resident. This abuse can include hitting, slapping, or the improper use of restraints.

Mental and Emotional Abuse

Psychological abuse involves isolation, humiliation, threats, and verbal abuse.

Sexual Abuse

One of the most horrific forms of nursing home abuse is sexual abuse, which involves unwanted or forced sexual contact with a nursing home resident. Elderly residents, especially those with cognitive impairments, may be particularly vulnerable to sexual abuse in a nursing home.

Medical Malpractice

Medical malpractice in a nursing home can occur when the facility fails to provide adequate medical care, leading to serious harm. This includes bed sores (pressure ulcers) and medication errors.

Negligence

Nursing home negligence involves failing to provide residents with necessities like nutrition, hydration, and hygiene. In more extreme cases, negligence can result in elopement, where a resident leaves the facility without supervision, putting them at significant risk.

Financial Abuse

Financial exploitation is another form of abuse often overlooked in nursing homes. This occurs when a nursing home’s staff or other residents take advantage of elderly residents, stealing money, misusing bank accounts, or coercing them into signing financial documents.

Wrongful Death

In the most tragic cases, nursing home negligence can lead to the wrongful death of a resident. Families of nursing home residents who have died due to abuse or neglect have the right to pursue compensation and hold the negligent nursing home accountable for the loss of their loved one.

Understanding Your Legal Rights

Nursing home residents are entitled to specific legal protections under federal and state laws to ensure they receive the proper care and treatment they deserve. These laws provide the foundation for holding nursing homes accountable when they fail to protect residents from abuse and neglect.

One key federal law safeguarding nursing home residents is the Nursing Home Reform Act of 1987. This act established fundamental rights for nursing home residents, including the right to receive proper medical care, live free from abuse and neglect, and maintain dignity and privacy within the facility.

It also mandates that nursing homes provide adequate care to meet each resident’s needs, ensuring proper hygiene, nutrition, and medical care.

Nursing homes that fail to comply with these requirements can face penalties and lawsuits.

In addition to federal law, New York state regulations provide additional protections for nursing home residents. The New York State Department of Health enforces strict rules on nursing homes to ensure compliance with care standards.

These state regulations outline specific requirements that Albany nursing homes must meet, including staffing levels, proper training for staff members, and adherence to safety protocols to protect residents from harm.

Nursing homes that violate these state regulations may face fines, licensing issues, or legal action from victims and their families.

Eligibility to File a Claim Against Nursing Home Neglect and Abuse 

When a nursing home resident suffers abuse or neglect, they have the legal right to file a claim against the facility.

In many cases, family members can also pursue compensation on behalf of their loved one, mainly if the resident cannot file a claim themselves due to physical or mental incapacity.

If a resident tragically passes away due to abuse or neglect, family members may file a wrongful death claim to seek justice and compensation for their loss.

Liability in Nursing Home Neglect and Abuse Cases 

Liability for abuse or neglect extends beyond just the direct perpetrators, as various parties may have played a role in allowing the mistreatment to occur through negligence, lack of oversight, or failure to provide proper care.

Holding all responsible parties accountable is essential for securing justice and preventing further harm to vulnerable residents.

• Nursing Home Facility: Nursing homes are often held liable for abuse or neglect within their facilities. This is because nursing homes are responsible for ensuring residents receive the care and protection they need. If the facility fails to provide adequate staffing, proper training, or oversight of its staff members, it can be held liable for the abuse or neglect that occurs under its watch.
• Nursing Home Staff Members: Individual staff members may also be held directly responsible for the abuse of nursing home residents. This includes cases of elder abuse or neglect. Staff members who commit these acts or who fail to intervene when they witness abusive treatment can face legal consequences for their actions.
• Nursing Home Management: Management teams within a skilled nursing facility can be accountable if their policies or actions contribute to an environment where abuse is more likely to occur. This includes failing to perform background checks, negligent hiring practices, or ignoring warning signs of abuse and neglect among staff members.
• Third-Party Contractors: Many nursing homes rely on outside contractors for services like medical care, food services, or facility maintenance. If these contractors engage in negligent or abusive behavior, they, too, can be held liable. For example, a third-party healthcare provider who fails to administer proper medical care to residents could be responsible for the resulting harm.
• Manufacturers of Medical Devices or Equipment: In some cases, faulty medical equipment or devices used in the care of nursing home residents can cause harm. If a resident suffers from a defective product, the manufacturer may be liable for the resulting injuries.

How Our Albany Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our Albany nursing home abuse attorneys are committed to protecting the rights of nursing home residents and their families. With years of experience in handling nursing home abuse cases, our legal team has a deep understanding of the complexities involved in these claims.

We have successfully secured significant compensation for victims of nursing home abuse, ensuring that those responsible are held accountable. Our legal team will guide you through every step of the legal process and fight tirelessly to achieve justice for your loved one.

Free Case Evaluation

We begin with a free case evaluation, where our experienced attorneys will review the details of your case and provide guidance on the best course of action. 

During this consultation, we will assess the circumstances of the abuse, discuss the legal rights of the elderly resident, and outline the potential for a nursing home abuse claim. This evaluation allows you to understand your options without any financial obligation.

Comprehensive Case Investigation

Our attorneys conduct a thorough investigation into every aspect of your case. This includes gathering medical records, interviewing witnesses, and examining nursing home policies to identify any instances of neglect, staff member misconduct, or violations of state and federal law. 

We work closely with medical experts and other professionals to build a solid case that fully addresses the abuse or neglect your loved one has endured.

Filing the Claim

Once we have gathered the necessary evidence, we will file a nursing home abuse claim on your behalf. This claim will outline the extent of the injuries, emotional distress, and other damages your loved one suffered as a result of the nursing home’s negligence. 

We ensure all legal documents are submitted in compliance with New York state law and the nursing home is properly notified of the allegations.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlement negotiations, allowing families to secure compensation without the need for a lengthy trial. Our legal team has extensive experience negotiating settlements with nursing homes, insurance companies, and their legal representatives. 

We fight to ensure that any settlement fully covers medical bills, emotional trauma, and other related damages. If a fair settlement offer is made, we will advise you on whether it meets your needs and best interests.

Trial Representation

If the nursing home refuses to offer a fair settlement, we are fully prepared to take your nursing home abuse case to trial. Our Albany nursing home abuse attorneys have a strong track record in court. We will present a compelling case to ensure the nursing home is held accountable. 

We will represent you throughout the trial process, advocating for your loved one’s rights and fighting for the compensation they deserve.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 27 Medicare-approved nursing home facilities in Albany, New York, and a significant portion are struggling with their overall ratings and inspections. Specifically, 16 of these homes, or 59%, have received an overall rating of below or much below average.

Health inspections are a critical concern, as 18 facilities, or 67%, scored poorly in this category. This suggests widespread issues related to compliance with state and federal health regulations, potentially affecting residents’ well-being.

Staffing levels also present challenges, with 13 nursing homes (48%) receiving below-average ratings. These staffing deficiencies may reflect difficulties in providing consistent, adequate care for residents, impacting their day-to-day well-being and long-term health.

However, the situation is more optimistic regarding quality measures, as only five nursing homes (19%) received low ratings in this area. This indicates that while staffing and inspections are problematic, most facilities still perform reasonably well in maintaining residents’ overall quality of care. [1]

Recognizing the warning signs of nursing home abuse can be difficult, especially when nursing home residents are unable to speak up for themselves. It’s essential for family members and loved ones to stay vigilant and be aware of the potential red flags that could indicate abuse or neglect in an Albany nursing home or assisted living facility.

Here are some of the most common signs of nursing home abuse to watch for:

• Bruises, cuts, burns, broken bones, or other physical injuries that cannot be easily explained
• Bedsores or pressure ulcers
• Signs of significant weight loss, malnutrition, or dehydration
• Poor personal hygiene
• Sudden emotional changes, such as withdrawal, depression, or anxiety
• Erratic or unusual behavior, such as agitation, confusion
• Sudden changes in a resident’s financial situation, such as missing money, unauthorized withdrawals, or changes to wills or financial documents
• Unsanitary Living Conditions
• Fearfulness around certain staff members
• Frequent trips to the hospital or emergency room for unexplained injuries or medical issues

The worst-rated nursing homes in Albany include:

What to Do If You Suspect Nursing Home Abuse

If you suspect that a loved one is suffering from nursing home abuse, it’s essential to take immediate action to ensure their safety and hold the responsible parties accountable. Here are the critical steps you should follow:

Call 911 if There is Immediate Danger

If your family member is in immediate danger or has suffered severe harm, contact emergency services right away. Emergency responders can assess the situation, provide necessary medical care, and ensure your loved one is removed from the harmful environment. Law enforcement may also initiate an investigation into the abuse.

Report Abuse to the Nursing Home Administrator or Management

If the situation is not an emergency, the next step is to notify the nursing home administrator or management. Bringing the issue to their attention allows them to investigate the claim, take corrective action, and address abusive staff members. Be sure to document the conversation, including your report’s date, time, and details.

File a Complaint with Your Local Ombudsman’s Office

Every state, including New York, has a long-term care ombudsman program that advocates for nursing home residents. The Ombudsman’s Office investigates complaints of abuse, neglect, and violations of residents’ rights. 

They work with nursing homes, residents, and families to resolve issues and ensure proper care is being provided. Filing a complaint with the ombudsman is vital in holding the skilled nursing facility accountable and preventing further harm.

Contact a Nursing Home Abuse Lawyer

Speaking with an experienced New York nursing home abuse lawyer who can guide you through the legal process is essential. A skilled attorney will investigate the abuse, gather evidence, and help you file a claim against the negligent nursing home. 

Your lawyer will fight to recover compensation for your loved one’s medical bills, emotional trauma, and other damages, ensuring that justice is served.

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home abuse, along with their families, may be eligible to recover several forms of compensation through a nursing home abuse claim.

Economic damages cover the direct financial losses resulting from the abuse. Examples include:

• Medical Expenses: These include costs for treatment, hospital stays, and any ongoing care that is necessary due to the injuries from the abuse.
• Relocation Costs: If the victim must be transferred to another long-term care facility for their safety, these expenses can be included in the claim.
• Funeral and Burial Costs: In cases involving wrongful death, the family may seek compensation for funeral and other end-of-life expenses.

Non-economic damages are intended to compensate for non-monetary losses that don’t have a direct financial value but significantly impact the victim’s life. Examples include:

• Pain and Suffering: This compensates the victim for the physical pain and emotional distress they endured as a result of the abuse.
• Emotional Trauma: Victims of elder abuse or neglect may experience lasting psychological damage, such as anxiety, depression, or post-traumatic stress disorder.
• Loss of Enjoyment of Life: If the victim’s ability to enjoy life has been diminished due to injuries or emotional trauma, they may be compensated for this loss.

Punitive damages are awarded in situations where the abuse or neglect was particularly severe or intentional. These damages are not designed to compensate the victim directly but aim to punish those responsible and prevent similar incidents from happening in the future.

The Cost of Hiring an Albany Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand victims of nursing home abuse and their families are often already facing financial and emotional burdens. That’s why we offer our legal services on a contingency fee basis. This means that you pay nothing upfront, and we only receive a fee if we successfully recover your compensation through a settlement or verdict.

You Have Limited Time to Take Legal Action in Albany

In Albany and across New York, the statute of limitations sets a specific deadline for pursuing legal action in nursing home negligence cases.

Generally, victims or their families have three years from the date of the injury or discovery of the abuse to file a personal injury claim. For wrongful death claims, the time limit is typically two years from the date of death.

Failing to file within these time frames can result in losing the right to pursue compensation.  An experienced attorney can ensure your claim is filed on time and your loved one’s rights are fully protected.

Contact an Albany Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced team of Albany nursing home abuse lawyers is dedicated to fighting for the rights of nursing home residents and their families.

With a proven track record of handling nursing home abuse cases and securing significant compensation, we are committed to holding negligent nursing homes accountable. We offer compassionate, expert legal guidance from investigation to settlement or trial.

If you suspect that your family member has suffered abuse or neglect in an Albany nursing home, don’t wait to take action. Contact us today for a free case evaluation, and let us help you pursue justice and compensation for your loved one’s injuries.

Call us at (800) 926-7565, or fill out our contact form. 

References: [1] Medicare