New York Nursing Home Abuse Lawyer

When a loved one is placed in a nursing home, family members expect them to receive proper care and attention. Unfortunately, nursing home abuse and neglect are all too common in New York nursing homes. These incidents can cause severe physical and emotional trauma, leaving victims and their families searching for justice.

If you suspect your family member suffered neglect or abuse in a New York nursing home, it is critical to act quickly to protect your loved one’s rights. Our experienced New York nursing home abuse attorneys are committed to holding negligent nursing facilities accountable and helping families pursue the compensation they deserve.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to helping victims of nursing home abuse obtain fair compensation. Our law firm has a history of successfully delivering significant settlements in nursing home abuse cases.

We perform comprehensive investigations to ensure every aspect of abuse is addressed, from medical bills to emotional distress and other damages. Our in-depth knowledge of nursing home abuse and neglect claims allows us to handle these cases and aggressively defend your rights effectively.

Throughout the entire process, we offer compassionate and clear communication, making sure that you and your family remain informed, protected, and confident as your case progresses..

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

Nursing home abuse refers to any action or failure to act by nursing home staff or caregivers that results in harm, injury, or distress to a resident. It can take many forms, often unnoticed until significant damage occurs. Our New York nursing home abuse lawyers are experienced in handling a wide range of cases, each as devastating as the next.

Physical Abuse

Physical abuse occurs when nursing home residents suffer harm through physical force or violence. This can include hitting, shoving, or improper use of restraints.

Mental and Emotional Abuse

Mental and psychological abuse in nursing homes is equally damaging but often more challenging to identify. It includes verbal abuse, humiliation, intimidation, and threats by nursing home staff members.

Sexual Abuse

Sexual abuse in nursing homes involves any non-consensual sexual contact or behavior, whether inflicted by a staff member or other resident. Vulnerable nursing home residents, particularly those with cognitive impairments, are at a heightened risk of this kind of abuse.

Medical Malpractice

Medical malpractice in nursing homes occurs when nursing home staff fails to provide the appropriate standard of care. This can result in serious issues such as bedsores (pressure ulcers), medication errors, or untreated infections.

Negligence

Negligence in nursing homes often involves a failure to provide residents with the essential care they require. This may include poor hygiene, malnutrition, dehydration, or residents wandering off (elopement) due to inadequate supervision.

Financial Exploitation 

Financial abuse in nursing homes occurs when staff members or others exploit a resident’s financial resources. This may include stealing personal items, forging signatures on financial documents, or pressuring residents into changing wills or other important documents.

Wrongful Death

When nursing home negligence or elder abuse leads to the death of a resident, it can result in a wrongful death claim. Families of the deceased may pursue legal action against the nursing home to hold them accountable for the harm that led to their loved one’s passing.

Understanding Your Legal Rights

New York residents and across the United States are entitled to certain rights and protections under federal and state laws. These laws ensure that nursing home residents receive proper care, are treated with dignity, and are free from abuse and neglect.

Federal Protections

One of the most significant federal laws protecting nursing home residents is the Nursing Home Reform Act of 1987. This law was enacted to improve the quality of care in assisted living facilities and establish specific resident rights. Under the Nursing Home Reform Act, residents have the right to:

• Be free from physical, mental, and emotional abuse, neglect, and exploitation.
• Receive adequate medical care, nutrition, and proper hygiene.
• Participate in their own care planning and treatment decisions.
• Voice grievances without fear of retaliation.
• Maintain their privacy and dignity.
• Access their medical records.

Nursing homes that receive Medicare and Medicaid services must meet these standards to continue operating. Violations of these rights can lead to legal recourse, and facilities that fail to comply with these regulations can face penalties, including fines and loss of funding.

New York State Protections

In addition to federal laws, New York has specific laws that further protect nursing home residents. The New York State Public Health Law includes detailed provisions that hold assisted living facilities accountable for providing appropriate care. 

This law mandates that nursing homes adhere to standards regarding staffing levels, resident safety, and the prevention of abuse and neglect. The New York State Department of Health oversees nursing home facilities to ensure compliance with these regulations.

If a New York nursing home resident’s rights are violated, the New York State Department of Health provides resources, such as the Nursing Home Complaint Hotline, where individuals can report suspected abuse or neglect. This system allows for prompt investigations and corrective action against the at-fault party.

Eligibility to File a New York Nursing Home Abuse Lawsuit  

In cases of nursing home negligence and elder abuse, several parties can file a claim to seek justice and compensation. These parties include:

• The Resident: A nursing home resident can directly file a nursing home abuse lawsuit if they are capable of doing so.
• Family Members: In many cases, family members, such as children or spouses, can file a claim for their loved ones, especially if the resident cannot do so due to physical or mental incapacity.
• Legal Guardians: If the resident has a legal guardian, that person may file a lawsuit on their behalf.
• Estate Representatives: In wrongful death cases, a deceased resident’s estate representative can file a claim to pursue damages for the loss caused by the nursing home’s negligence.

Liability in Nursing Home Neglect and Abuse Cases 

In nursing home abuse and neglect cases, liability often extends beyond the individual directly responsible for the abuse to those who failed in their duties to prevent it or ensure nursing care. Identifying all liable parties is crucial for securing justice and holding each accountable.

• Nursing Facility Owners: Nursing home owners are responsible for maintaining a safe environment for residents. If they fail to ensure proper staffing levels, training, or safety measures, they can be held liable for abuse or neglect that occurs under their watch.
• Nursing Home Staff: Staff members, including nurses and caregivers, can be directly liable for acts of physical abuse, neglect, or mistreatment. They are expected to provide adequate care and can face legal consequences if they harm residents or fail to meet their responsibilities.
• Supervisors and Administrators: Administrators and supervisors can also be liable for abuse if they fail to properly train or oversee staff members or ignore warning signs of abuse. They are responsible for enforcing policies that protect residents.
• Third-Party Contractors: Many nursing homes rely on third-party contractors, such as maintenance workers, therapists, or medical personnel, to provide services. If these contractors engage in abusive behavior or neglect their duties, they can also be held responsible.
• Other Residents: In some cases, abuse is perpetrated by other residents within the nursing home. When a facility fails to supervise or separate violent or sexually aggressive residents from vulnerable individuals, they may be liable for the resulting harm.

How Our New York Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our New York nursing home abuse lawyers have extensive experience handling complex cases.

Our law firm is dedicated to seeking justice for victims and their families. We have a proven record of success in holding nursing home facilities accountable for their negligence and misconduct.

We understand the emotional toll these cases can take on families and are committed to providing skilled legal representation to guide you through every step of the process. Below are some legal services we offer to support your fight for justice.

Free Case Evaluation

Our nursing home abuse attorneys offer a free consultation to assess the specifics of your nursing home abuse case. During this consultation, we will review the details of the abuse, neglect, or injury your loved one has experienced and help determine whether you have a valid claim. This free service allows you to explore your legal options without financial pressure.

Case Investigation

Once we take on your case, our legal team will thoroughly investigate the nursing home facility, the staff members involved, and any other parties that may be responsible. 

We will review medical records, interview witnesses, and gather all necessary evidence to build a strong case. Our investigation aims to uncover any state and federal regulations violations, such as inadequate nursing home staffing levels, lack of nursing care, or abuse and neglect.

Filing the Claim

After gathering the necessary evidence, our elder abuse lawyers will file a formal claim against the at-fault parties, which may include the nursing home facility, staff members, or other entities. 

Filing a claim initiates the legal process and sends a clear message to those responsible that they will be held accountable for their actions. We ensure that all legal documents are correctly prepared and submitted on time to avoid delays in your case.

Settlement Negotiation

In many cases, nursing home abuse claims are resolved through settlement negotiations. Our experienced nursing home lawyers will negotiate on your behalf to secure a fair settlement that covers all damages, including medical expenses, emotional trauma, and other losses. 

We aim to achieve the best possible outcome for you and your family without a lengthy trial. However, we never settle for less than what your case is worth.

Trial Representation 

While many cases are settled out of court, our nursing home abuse attorneys are fully prepared to take your personal injury case to trial if a fair settlement cannot be reached. We have the trial experience and resources to present a compelling case before a judge and jury. We aim to fight for maximum compensation.

Common Signs of Elder Abuse Among Nursing Home Residents 

In the State of New York, there are 603 Medicare-certified nursing homes. Of these, 256 (42%) have an overall score below or much below average. Specifically, 273 facilities (45%) fall short in health inspections, and 295 nursing homes (49%) have inadequate staffing levels. 107 facilities (18%) are rated poorly in quality measures. Additionally, 25 nursing homes (4%) were cited for abuse. [1]

Recognizing the signs of nursing home negligence is crucial for protecting your loved ones. Abuse and neglect in nursing homes can take many forms, and the warning signs are not always immediately apparent. Family members should be vigilant and look for signs of something wrong in a nursing home.

• Unexplained injuries
• Restraint marks
• Frequent falls or neglect injuries
• Withdrawal or depression
• Sudden changes in mood or behavior
• Unexplained injuries in private areas
• Sexually transmitted infections (STIs)
• Fear or reluctance to be alone with specific individuals
• Bedsores (pressure ulcers)
• Medication errors
• Unexplained weight loss
• Poor personal hygiene
• Unsanitary living conditions
• Dehydration or malnutrition
• Unexplained withdrawals from bank accounts
• Missing personal belongings or financial documents
• Changes in wills or financial plans
• Unexplained or sudden death
• Delays in medical treatment

The worst-rated nursing homes in New York include: [2]

What to Do If You Suspect Nursing Home Abuse

If you suspect that your loved one is experiencing abuse or neglect in a nursing home, it’s essential to act swiftly to protect their safety and hold those responsible accountable. Here are the steps you should take:

Call 911 if There Is Immediate Danger

If your loved one is in immediate danger or requires urgent medical attention, call 911. Law enforcement and emergency services can step in right away to remove your loved one from harm, provide necessary medical treatment, and begin an investigation into the abuse or neglect.

Report the Abuse to the Nursing Home Administrator or Management

If there is no immediate threat, report your concerns to the nursing home administrator or management. They are required by law to investigate abuse claims and protect residents. Document your report in writing and request a formal response from the facility regarding their investigation.

File a Complaint with Your Local Ombudsman’s Office

Every state has a Long-Term Care Ombudsman program, which advocates for the rights and well-being of nursing home residents. The Ombudsman’s office plays a critical role in investigating complaints about nursing home abuse, neglect, and poor living conditions. 

They can work directly with nursing home management to resolve issues or escalate the matter to higher authorities. Filing a complaint with your local Ombudsman ensures that your concerns are addressed through an independent investigation.

Contact a Nursing Home Abuse Lawyer

If you suspect that your loved one has suffered from nursing home abuse or neglect, it’s essential to seek legal guidance from an experienced nursing home abuse lawyer. 

A nursing home abuse attorney can help you understand your legal options, gather evidence, and file a claim against the nursing home or responsible parties. Nursing home abuse lawyers can also assist in obtaining compensation for medical expenses, pain and suffering, and other damages.

Damages You Can Recover Through a Nursing Home Abuse Claim

When filing a nursing home negligence claim, victims and their families may be entitled to various types of compensation to address the harm caused by abuse or neglect.

Economic Damages

These damages are meant to cover the measurable financial losses that result from nursing home neglect or abuse. Economic damages can include:

• Medical bills
• Future medical expenses
• Relocation costs
• Funeral and burial expenses

Non-Economic Damages

These damages address the emotional and psychological impact of nursing home neglect or abuse. Non-economic damages can include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship

Punitive Damages

These damages are meant to punish the at-fault party and serve as a deterrent against similar misconduct in the future. Courts may award punitive damages when the nursing home facility or staff members acted with intentional malice, gross negligence, or willful disregard for the safety of residents.

The Cost of Hiring a New York Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand that families dealing with nursing home negligence may already face significant financial and emotional challenges.

Our New York nursing home abuse lawyers work on a contingency fee basis to alleviate the burden. This means that you pay no upfront legal fees—our law firm only gets paid if we successfully recover your compensation through a settlement or verdict.

There are no hidden costs, and you can feel confident knowing your case will receive the attention and resources it deserves without added financial stress.

You Have Limited Time to Take Legal Action in New York

There is a limited window of time to file a claim in New York, known as the statute of limitations. For most nursing home abuse cases, victims and their families typically have three years from the date the abuse occurred or from the date it was discovered to file a personal injury lawsuit. 

In cases of wrongful death, the statute of limitations is generally two years from the date of the resident’s death. Several factors can determine how long your statute of limitations is.

Failing to file a claim within this timeframe can result in losing the right to seek compensation. Because of these strict deadlines, you must consult with an experienced New York nursing home abuse lawyer as soon as possible to protect your rights and preserve crucial evidence for your case.

Contact a New York Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced team of New York nursing home abuse attorneys is dedicated to fighting for justice on behalf of victims and their families.

We have a proven track record of handling complex personal injury cases and securing significant settlements and verdicts to hold negligent nursing facilities accountable.

If your loved one has suffered abuse or neglect in a New York nursing home, our law firm is here to help. We offer a free consultation to discuss your case and provide legal guidance.

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

Resources: [1] CMS, [2] Medicare