Syracuse Nursing Home Abuse Lawyer

The elderly population in nursing homes and assisted living facilities depends on the staff members and caregivers for medical care, daily living support, and a safe environment. However, elder abuse occurs when those entrusted with the care of vulnerable seniors exploit, neglect, or physically harm them.

Without proper legal assistance, many families feel powerless when confronted with the complexity of nursing home negligence claims. You can hold negligent nursing homes and staff members accountable with legal help from an experienced Syracuse nursing home abuse lawyer. 

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to securing justice and obtaining compensation for those impacted by nursing home negligence. Our knowledgeable nursing home abuse attorneys have a strong history of carefully handling abuse cases and achieving substantial settlements and verdicts.

We conduct comprehensive investigations to ensure that every aspect of the abuse is addressed, including medical costs, emotional distress, and other damages. With our extensive experience in nursing home abuse claims, we manage the complexities with precision, working relentlessly to safeguard your rights.

Throughout the process, we offer compassionate and transparent support, ensuring that you and your family feel informed, protected, and confident every step of the way.

Types of Cases Handled by Our Syracuse Nursing Home Abuse Lawyers

Nursing home abuse occurs when elderly residents in nursing homes or assisted living facilities are subjected to harm, neglect, or exploitation by the very individuals entrusted with their care. 

Abuse can take many forms, and each type can have devastating effects on the victim’s physical and emotional well-being. Our New York nursing home abuse lawyers are experienced in handling a wide variety of cases, including:

Physical Abuse

Physical abuse involves intentionally causing harm to a nursing home resident. This can include excessive or unnecessary use of force. In some cases, the inappropriate use of restraints may cause further physical harm to the resident.

Psychological Abuse

Psychological abuse involves actions or words that inflict psychological harm on the resident. This could include verbal threats, humiliation, or isolation.

Sexual Abuse

Sexual abuse refers to any unwanted or non-consensual sexual contact with a nursing home resident. This type of abuse is often underreported due to the victim’s fear, shame, or inability to communicate. Sexual abuse can lead to physical injuries, emotional trauma, and a lasting sense of violation.

Medical Malpractice

Many nursing home residents, especially those who are bed-bound, are at high risk of medical malpractice. Bed sores (also called pressure ulcers) occur when nursing home staff fail to regularly reposition residents. Other signs of medical malpractice include medication errors, such as administering the wrong drug or improper dosage.

Negligence

Negligence in a nursing home or other assisted living facility includes failing to provide adequate care and attention to residents’ basic needs. This may result in poor hygiene, malnutrition, dehydration, or elopement (where a resident wanders away from the facility unsupervised).

Financial Abuse

Financial exploitation occurs when nursing home staff members or others take advantage of a resident’s finances for personal gain. This can include unauthorized withdrawals, forging signatures, or coercing the resident into changing legal documents like wills or trusts.

Wrongful Death

In the most tragic cases, elder abuse or nursing home neglect can lead to wrongful death. If a resident loses their life due to the facility’s failure to provide proper care, legal action can be taken to hold those responsible accountable for their negligence.

Understanding Your Legal Rights

Both federal and state laws have been enacted to protect the rights and well-being of senior citizens in nursing homes and assisted living facilities.

One of the most significant federal protections is the Nursing Home Reform Act of 1987, which was established to ensure that nursing homes receiving Medicaid and Medicare funding meet certain standards of care. 

Under this law, nursing home residents have the right to receive services that maintain or improve their physical, mental, and emotional well-being. It also states residents have the right to be free from physical and chemical restraints unless medically necessary, the right to privacy, and the right to participate in decisions about their health care.

In New York State, residents of nursing homes and assisted living facilities are also protected under the New York Public Health Law, which outlines the rights of elderly residents, including the right to freedom from abuse, neglect, and mistreatment. 

Nursing homes in Syracuse and across the state are required to uphold these rights and meet certain care standards to ensure the safety of their residents.

Eligibility to File a Claim 

If a nursing home resident has suffered abuse, neglect, or any form of mistreatment, they can take legal action to receive compensation for the endured harm. 

If the resident cannot file a claim due to physical or cognitive impairments, a family member or legal guardian may file a claim on their behalf. In cases of wrongful death resulting from nursing home negligence, surviving family members have the right to pursue a wrongful death claim.

Liability in Nursing Home Neglect and Abuse Cases 

When elder abuse or nursing home neglect occurs, it is often the result of failures at multiple levels within the facility. Identifying all responsible parties is crucial to holding them accountable and ensuring justice for the victim.

• Nursing Home Staff Members: The most direct perpetrators of abuse are often nursing home staff members, including caregivers, nurses, or aides. They may be responsible for physical abuse, neglect, or improper use of restraints. If staff members fail to provide the proper care or intentionally harm a resident, they can be held liable for the resulting injuries.
• Nursing Home Administration: The nursing home’s management plays a critical role in ensuring a safe and adequate environment for residents. If the facility is understaffed, fails to train employees properly, or does not conduct background checks on staff members, the administration may be liable for negligence.
• Third-Party Contractors: Nursing homes may rely on third-party contractors, such as medical professionals, physical therapists, or maintenance personnel, to provide services. If these contractors engage in neglectful or abusive behavior, they can also be held accountable.
• Nursing Home Owners: In some cases, the corporate owners of nursing homes may also be held liable. If the facility is part of a larger chain, the parent company could be responsible for setting policies that lead to neglect or abuse. Owners who prioritize profits over the well-being of residents by cutting corners on staffing, training, or facility maintenance may face legal consequences.
• Other Residents or Visitors: In some cases, other residents or visitors may harm a nursing home resident, either physically or emotionally. If the nursing home fails to intervene or adequately supervise interactions, they may be held liable for failing to protect the resident.

How Our Syracuse Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our Syracuse nursing home abuse attorneys have extensive experience in handling cases of nursing home negligence, abuse, and exploitation. With a proven track record of success, our legal team is prepared to handle every aspect of your case, from gathering evidence to negotiating settlements or representing you in court.

Free Case Evaluation

We offer a free consultation to help families understand their legal options. During this initial evaluation, our attorneys will listen to your concerns, review your situation’s details, and provide guidance regarding how to proceed. This step ensures you have the information you need to make informed decisions without upfront costs or obligations.

Case Investigation

Our legal team conducts a thorough case investigation to uncover all forms of abuse or neglect. We gather evidence such as medical records, witness statements, and documentation of the facility’s care standards. By working closely with medical experts and other professionals, we ensure that no detail is overlooked and that we have a strong case to pursue compensation for the harm your loved one has suffered.

Filing the Claim

Once we have gathered all necessary evidence, we will file a claim against the responsible parties, including nursing home staff members, the administration, or even corporate owners. Filing the claim formally initiates the pursuit of compensation for damages caused by abuse or neglect.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlement negotiations, where our attorneys work to secure the best possible outcome for you without the need for a lengthy trial. We have extensive experience negotiating with insurance companies and legal representatives of nursing facilities to ensure that you receive a fair settlement covering all damages your loved one has suffered.

Trial Representation 

If a fair settlement cannot be reached, our legal team is prepared to take your case to trial. We will present compelling evidence in court and advocate on behalf of your family to hold those responsible accountable for their actions. With our experience in nursing home abuse litigation, we are ready to fight for your loved one’s rights.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 18 Medicare-certified nursing home facilities in Syracuse, New York, and 61% of these facilities are struggling with their overall ratings.

Specifically, 61% of facilities scored poorly in health inspections, and  33% of nursing homes have inadequate staffing levels.

17% of nursing homes 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 is crucial in protecting your elderly loved one from further harm. Many nursing home residents may be unable to communicate that they are being abused or neglected, making it essential for family members to remain vigilant and aware of any physical, emotional, or financial changes.

• Unexplained bruises, cuts, burns, or fractures
• Bedsores
• Marks or injuries around the wrists or ankles
• Withdrawal from social activities
• Sudden mood swings
• Depression or anxiety
• Soiled clothing, unclean bedding, or a lack of proper grooming
• Malnutrition and dehydration
• Unusual financial activity, such as unauthorized withdrawals
• Missing personal items
• Changes to legal documents like wills or powers of attorney
• Recurrent infections, untreated medical conditions, or a general decline in health
• Frequent hospitalizations

The worst-rated nursing homes in Syracuse include:

Contact a Syracuse Nursing Home Abuse Attorney Today!

If you suspect your loved one has suffered neglect in a Syracuse assisted living facility, our legal team at Nursing Home Law Center is here to help. With years of experience handling personal injury cases, we are dedicated to securing justice for nursing home abuse victims and holding negligent facilities accountable. Contact us today to schedule your free consultation.

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

References: [1] Medicare