New Rochelle Nursing Home Abuse Lawyer

Elder abuse is a devastating reality faced by many vulnerable residents in care facilities across New Rochelle and throughout New York. Families trust nursing homes to provide a safe, supportive environment for their loved ones, but unfortunately, not all facilities live up to these expectations.

Seeking legal help from an experienced nursing home abuse and neglect attorney is essential to protect your loved one’s rights, ensure their safety, and hold negligent facilities accountable. Our law firm can provide the guidance and representation needed to pursue financial compensation for the harm resulting from nursing home abuse or neglect.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to fighting for justice and compensation for those affected by nursing home abuse. Our skilled legal team has a long history of successfully handling nursing home abuse cases with care and securing substantial settlements and verdicts for our clients.

We thoroughly investigate every detail of the abuse, ensuring that all damages—such as medical bills, emotional suffering, and other losses—are fully addressed.

With our extensive knowledge of nursing home abuse claims, we tackle the legal challenges head-on, working tirelessly to safeguard your rights.

We offer compassionate, transparent guidance throughout the legal process, keeping you and your family informed and reassured at every step.

Types of Cases Handled by Our New Rochelle Nursing Home Abuse Lawyers

Nursing home abuse occurs when a resident in a care facility suffers harm due to intentional acts or negligence, often at the hands of caregivers or staff. This abuse can take many forms, each causing severe physical, emotional, and financial harm to the victim. 

Our New York nursing home neglect lawyers handle a wide range of cases, including:

Physical Abuse

This includes any form of intentional bodily harm, such as hitting, pushing, or improper use of restraints.

Mental and Emotional Abuse

Mental abuse involves actions that cause emotional distress and psychological trauma in a nursing home resident.

Sexual Abuse

Sexual abuse includes inappropriate touching, harassment, and sexual assault.

Medical Malpractice

Medical malpractice refers to the failure to provide proper medical care. Common examples include the development of bedsores, medication errors, and failure to monitor a resident’s health condition.

Negligence

Nursing home neglect occurs when a facility fails to meet a resident’s basic needs. This can include poor hygiene, malnutrition, dehydration, and unsafe conditions that may lead to elopement (wandering off unsupervised).

Financial Abuse

Financial abuse in nursing homes happens when caregivers or staff members exploit the elderly for monetary gain. This can involve theft, forgery, or coercion to change wills or financial documents.

Wrongful Death

Wrongful death occurs when a resident dies as a result of nursing home negligence, abuse, or medical malpractice. Our law firm is committed to helping families who have lost loved ones under such tragic circumstances.

Understanding Your Legal Rights

Nursing home residents are entitled to numerous protections under both federal and state laws designed to ensure their safety, dignity, and well-being.

One of the most important federal laws protecting nursing home residents is the Nursing Home Reform Act of 1987, part of the Omnibus Budget Reconciliation Act (OBRA). Under this act, nursing homes must meet specific quality standards to participate in Medicare and Medicaid programs. 

This law establishes that every resident has the right to receive proper medical care, live in a safe environment, and be treated respectfully. It ensures nursing home residents have the right to make their own decisions regarding their care, to be free from abuse and neglect, and to have access to regular medical evaluations.

State laws, overseen by the New York State Department of Health, require nursing facilities to provide adequate care, ensuring residents are free from harm. New York law allows victims of nursing home abuse and nursing home negligence to seek legal action against facilities that fail to meet these requirements.

Eligibility to File a Nursing Home Neglect or Abuse Claim 

Suppose a nursing home resident in New Rochelle or elsewhere in New York has suffered abuse or neglect. In that case, several parties can file a claim to hold the responsible individuals or facility accountable. These include:

• The victim: If the resident is mentally competent and able, they can file a nursing home abuse claim on their behalf.
• A family member or legal guardian: If the resident is physically or mentally unable to take legal action, a family member, legal guardian, or someone holding power of attorney can file a claim on their behalf.
• The estate of a deceased resident: In tragic wrongful death cases, the estate or surviving family members may file a lawsuit for damages.

Liability in Nursing Home Neglect and Abuse Cases 

Liability for nursing home abuse or neglect often extends beyond the individual directly responsible for the mistreatment. Depending on the circumstances, various parties involved in the facility’s management, care, and oversight can share responsibility.

• Nursing Home Staff: Caregivers, nurses, or aides who directly abuse or neglect residents are often the most visible parties at fault. Whether it’s physical abuse, emotional abuse, or failure to provide necessary care, these individuals can face legal consequences for their actions.
• Nursing Home Management: The administration of a nursing facility can be held accountable if abuse results from poor hiring practices, inadequate staff training, or failure to address complaints. A facility that allows underqualified or abusive staff to work directly with residents can be liable for nursing home negligence.
• Medical Professionals: Doctors, nurses, and other healthcare providers in a nursing home may be liable if they fail to provide proper medical care, leading to severe injuries or conditions such as bedsores or medication errors.
• The Facility or Corporate Owners: The nursing home or corporation that owns the facility can be held liable for creating an environment where nursing home negligence occurs. This could be due to understaffing, poor facility maintenance, or failure to meet federal and state care standards.
• Third-Party Contractors: Some facilities outsource medical care, food services, or security to third-party companies. If a contractor’s negligence contributes to a resident’s harm, they can be liable for the resulting nursing home abuse or neglect.

How Our New Rochelle Nursing Home Neglect Lawyers Can Help

At Nursing Home Law Center, our experienced team of New Rochelle nursing home abuse lawyers has successfully handled numerous cases involving elder abuse and nursing home neglect. With our extensive experience in personal injury claims, we offer a full range of services to ensure you and your loved ones receive the compensation you deserve.

Free Case Evaluation

We offer a free consultation to discuss the details of your case. During this evaluation, our nursing home neglect attorneys will review the facts, explain your legal rights, and provide guidance on the best course of action.

Case Investigation

Our team conducts a thorough investigation to gather evidence of abuse or neglect. This may involve reviewing medical records, interviewing witnesses, and inspecting the nursing home’s conditions. We ensure every aspect of the abuse is brought to light and responsible parties are identified.

Filing the Claim

Once we’ve gathered sufficient evidence, we file a legal claim on your behalf. Our New Rochelle nursing home abuse lawyers handle the legal paperwork and ensure your claim complies with New York law and deadlines.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlements. Our attorneys are skilled negotiators who will work to secure the maximum financial compensation for your loved one’s injuries. We handle negotiations with the nursing home and their insurance companies, ensuring you are not pressured into accepting less than you deserve.

Trial Representation

If a fair settlement cannot be reached, our nursing home abuse attorneys are fully prepared to take your case to trial. With years of courtroom experience, we will present a compelling case to the judge and jury, fighting for justice for your loved one. Our commitment to your case does not end until we have pursued every legal avenue to secure the best possible outcome.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 300 Medicare-approved nursing homes in New Rochelle, and 108 of these facilities (36%) have an overall rating below or much below average. Specifically, 127 nursing homes (42.3%) fall short in health inspections, and 128 facilities (42.7%) have inadequate staffing. Regarding quality measures, 27 facilities (9%) were rated poorly. [1]

Recognizing the signs of nursing home neglect and abuse is essential in protecting your loved ones from harm. Many residents cannot communicate their suffering due to physical or mental limitations, making it crucial for family members and caregivers to stay vigilant.

• Unexplained injuries, such as bruises, cuts, or fractures
• Restraint marks
• Frequent hospital visits
• Fear or discomfort around certain staff members
• Sudden changes in behavior or mood
• Anxiety, depression, or social withdrawal
• Unusual signs of fear, agitation, or anger without a clear cause
• Reluctance to engage in conversation
• Injuries or bruising in sensitive areas
• Sexually transmitted infections or diseases
• Bedsores (pressure ulcers)
• Untreated infections
• Poor hygiene and unsanitary living conditions
• Malnutrition and dehydration
• Frequent falls
• Elopement
• Sudden changes in the resident’s financial status
• Unauthorized changes to wills, power of attorney, or financial documents

The worst-rated nursing homes in New Rochelle include:

The Cost of Hiring a New Rochelle Nursing Home Abuse Attorney 

At Nursing Home Law Center, we understand the financial burden of legal fees can be overwhelming, especially for families dealing with the trauma of nursing home abuse. That’s why our New Rochelle nursing home abuse lawyers work on a contingency fee basis. 

This means you don’t pay any upfront fees for our services. We only get paid if we successfully recover your compensation through a settlement or a verdict.

You Have Limited Time to Take Legal Action in New Rochelle

If you suspect nursing home abuse or neglect in New Rochelle, it’s essential to act quickly due to the statute of limitations.

In New York, victims or their families typically have three years from the date of injury or discovery of the abuse to file a personal injury claim. For cases involving wrongful death, the statute of limitations is often shorter—two years from the date of death. Several factors impact your case’s statute of limitations.

Failing to file a claim within this period can result in losing your right to seek financial compensation. To ensure your case is filed in time, consult an experienced New Rochelle nursing home abuse lawyer as soon as possible. 

Contact a New Rochelle Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, we have extensive experience representing victims of nursing home abuse and neglect in New Rochelle and across New York.

With a proven track record of securing significant settlements and verdicts, we provide the expertise and compassionate support you need during this difficult time.

Contact us today for a free consultation. Let us help you hold the responsible parties accountable and secure the justice your loved one deserves.

Call us at (800) 926-7565 or complete our contact form.

References: [1] Medicare