Rochester Nursing Home Abuse Lawyer

Nursing home abuse is a serious issue that affects society’s most vulnerable members. Elderly residents rely on nursing homes to provide proper care, but not all facilities meet these expectations, and nursing home abuse has become a widespread issue affecting thousands of residents nationwide.

If your loved one has suffered abuse or neglect in a nursing home, it’s crucial to seek help from a Rochester nursing home abuse lawyer. With the proper legal support, you can hold negligent nursing homes accountable, ensuring justice is served and protecting others from similar harm.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to achieving justice and fair compensation for those impacted by nursing home abuse. Our skilled nursing home abuse attorneys have extensive experience handling these cases and securing meaningful settlements.

We conduct detailed investigations to address every facet of abuse, including covering medical expenses, emotional suffering, and other related damages. Thanks to our strong knowledge of nursing home abuse claims, we effectively manage the challenging aspects of the legal process.

Types of Cases Handled by Our Rochester Nursing Home Abuse Lawyers

Nursing home abuse refers to any action or inaction that causes harm or distress to a resident in a nursing home or assisted living facility. This mistreatment can take many forms, from intentional harm to neglect, and often results in serious physical, emotional, or financial consequences for the resident.

Our New York nursing home abuse lawyers are experienced in handling various abuse cases, including:

Physical Abuse

This includes any form of physical harm, such as hitting, slapping, or pushing, and improper use of restraints.

Mental and Emotional Abuse

Verbal abuse involves yelling, threats, humiliation, or intentionally isolating the resident from social interactions. This can cause severe psychological distress, including anxiety, depression, and feelings of helplessness.

Sexual Abuse

Sexual abuse in nursing homes is a serious violation of a resident’s rights. It can include any unwanted sexual contact or behavior toward a resident, causing both physical and emotional trauma.

Medical Malpractice

Medical negligence refers to the failure to provide proper medical care. Examples include bed sores (pressure ulcers), delayed treatment, or medication errors. This type of elder abuse can cause significant harm and contribute to deteriorating health.

Negligence

Nursing home neglect occurs when the facility fails to meet residents’ basic needs, such as nutrition, hydration, and hygiene. Negligence can also lead to elopement, where a resident wanders off unsupervised.

Financial Abuse

Financial exploitation involves the unauthorized use of a resident’s funds, identity theft, or coercion to alter their wills.

Wrongful Death

When nursing home abuse or neglect leads to the untimely death of a resident, family members can file a wrongful death claim to seek compensation for their loss and hold the liable party accountable.

Understanding Your Legal Rights

Rochester nursing home residents are protected by federal and New York state laws, which establish clear guidelines on the standard of care that must be provided in nursing homes and assisted living facilities.

These laws ensure that residents receive adequate care and live in a safe environment where their dignity and rights are respected.

One of the most important pieces of federal legislation is the Nursing Home Reform Act of 1987. This act, established under federal law, was designed to improve the quality of care in nursing homes by setting strict standards that facilities must meet to receive Medicare and Medicaid funding.

In addition to federal regulations, New York law also provides specific protections for residents. The New York State Department of Health regulates nursing homes and ensures safety and care standards compliance. New York’s Public Health Law and the state’s Patients’ Bill of Rights outline the specific rights of residents, including the right to:

• Personal privacy and confidentiality
• Protection from nursing home negligence
• Proper personal hygiene and clean living conditions
• Access to their medical records
• Freedom from discrimination or retaliation for filing complaints

If these rights are violated, the affected nursing home resident or their family members have the legal right to file a claim.

If the resident cannot act on their behalf due to mental or physical incapacity, a family member, legal guardian, or another appointed representative may take legal action.

In cases involving wrongful death, the victim’s family members can file a claim seeking compensation for their loss.

Liability in Nursing Home Neglect and Abuse Cases 

When it comes to nursing home abuse, several parties may be responsible for the harm caused to the resident. Liability can extend beyond the immediate staff members to include:

• Nursing Home Administration: A negligent nursing home may fail to conduct proper staff training or allow unsafe conditions to persist, leading to abuse.
• Medical Providers: Doctors, nurses, and other medical professionals who provide inadequate medical care or make medication errors may also bear responsibility.
• Other Residents: In some cases, abuse may be perpetrated by other residents within the facility. Nursing homes must supervise residents and prevent harm between them.
• Third-Party Contractors: If an outside service provider, such as a maintenance or security company, contributed to the harm, they might share in the legal liability.

How Our Rochester Nursing Home Abuse Attorneys Can Help

Our Rochester nursing home abuse lawyers have extensive experience handling these complex cases. We are dedicated to ensuring Rochester nursing home residents receive justice and compensation for the harm they’ve endured. Here’s how we can help:

• Free Case Evaluation: We offer a free consultation to review the facts of your case and provide advice on the best course of action.
• Case Investigation: Our legal team will thoroughly investigate the nursing home, gather medical records, and work with experts to build a strong case.
• Filing the Claim: We will handle the legal process and file your claim promptly to meet the statute of limitations under New York law.
• Settlement Negotiation: Many cases are resolved through settlement, where we work to recover compensation for medical expenses, pain and suffering, and other damages.
• Trial Representation: If we cannot reach a fair settlement, our law firm is fully prepared to take the case to trial to fight for justice.

Common Signs of Elder Abuse Among Nursing Home Residents 

In Rochester, there are 37 Medicare-certified nursing facilities, with 12 facilities (32%) rated below or much below average overall. Specifically, 14 homes (38%) fall short in health inspections, and 11 homes (30%) need more staffing levels. Eight facilities (22%) are rated poorly in quality measures. [1]

Recognizing the signs of nursing home abuse is critical to protecting your loved ones. Common signs include:

• Unexplained bruises, cuts, or burns
• Broken bones or fractures
• Sudden changes in behavior
• Fearfulness around certain staff members
• Injuries or infections in the genital area
• Bed sores, malnutrition, dehydration
• Poor personal hygiene
• Unsanitary living conditions
• Unexplained financial transactions or missing belongings

The worst-rated nursing homes in Rochester include:

What to Do If You Suspect Nursing Home Abuse

If you believe your loved one is suffering from abuse in a Rochester nursing home, here are the steps you should take:

• Call 911 if your loved one is in immediate danger.
• Report the Abuse to the Nursing Home Administrator or management.
• File a Complaint with Your Local Ombudsman’s Office. The Ombudsman advocates for residents and protects their rights.
• Contact a Rochester nursing home abuse lawyer to discuss your legal options and begin building a case.

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home abuse and their family members have the right to seek compensation for the harm caused by negligent or abusive facilities.

Economic damages are the tangible, out-of-pocket expenses related to the abuse or neglect. Examples include:

• Medical bills
• Medication costs
• Relocation expenses
• Funeral and burial costs

Non-economic damages compensate for the more intangible effects of the abuse, such as emotional and psychological harm. Examples include:

• Pain and suffering
• Emotional distress
• Loss of quality of life

Punitive damages go beyond compensating the victim and are intended as a penalty for the offending nursing home for its actions.

The Cost of Hiring a Rochester Nursing Home Abuse Lawyer

At our law firm, we understand the financial strain that families face when dealing with nursing home abuse. That’s why we work on a contingency fee basis. This means you won’t have to pay any upfront costs or legal fees unless we successfully recover your compensation.

You Have Limited Time to Take Legal Action in Rochester

In Rochester, as in the rest of New York, the time frame for filing a lawsuit related to nursing home abuse or nursing home negligence typically ranges from two to three years, depending on the specifics of the case, such as whether it involves wrongful death or personal injury.

Please file a claim within this timeframe to avoid losing your right to pursue justice and recover compensation. It’s important to consult with a Rochester nursing home abuse lawyer as soon as possible to ensure your case is filed within the timely manner required by law.

Contact a Rochester Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our Rochester nursing home abuse lawyers have a proven track record of advocating for the rights of nursing home residents and their families.

With years of experience handling complex nursing home abuse and neglect cases, our legal team is committed to holding negligent facilities accountable and ensuring that victims receive the compensation they deserve.

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

References: [1] Medicare