When we entrust the well-being of our loved ones to a nursing home, we expect these facilities to provide a safe and nurturing environment. Unfortunately, instances of nursing home abuse and neglect are on the rise, leaving vulnerable residents exposed to harm.
Perpetuators of nursing home abuse deserve to be held accountable. In these situations, you need an attorney on your side —and the lawyers at Shapiro Legal Group, PLLC can fight for your right to justice. If you or your loved one has been the victim of nursing home abuse, don’t hesitate to contact our attorneys at (800) 220-0984 and take your first steps toward justice.
New York City Nursing Home Abuse Resources
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Why Choose Our Attorney?
Common Forms of Nursing Home Abuse
Identifying & Preventing Abuse
What Laws Protect New York City Nursing Home Residents?
Types of Cases We Can Help With
How We Can Help
Who Can Be Held Liable for Injuries?
A Nursing Home May be Responsible for Abusive Conditions
What Compensation May Be Available?
Reporting Nursing Home Abuse in New York City
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Why Choose Our New York City Nursing Home Abuse Lawyer?
- With a proven track record of helping thousands of clients, our firm has over 20 years of legal experience. We specialize exclusively in mass tort litigation, allowing us to offer unique insights and specialized knowledge that sets us apart from other firms.
- Our attorneys represent victims of nursing home abuse nationwide. We understand the complexities of nursing home abuse law and are committed to fighting for the rights of victims and their families.
- Our nursing home abuse attorneys have the resources and expertise to pursue maximum compensation for our clients. This approach helps us build the strongest possible case in your favor.
Common Forms of Abuse Occurring in Nursing Homes
Nursing home abuse is a distressing and unfortunately prevalent issue that can occur in various forms, leaving vulnerable residents exposed to harm. It is crucial to be aware of the common forms of abuse to recognize the signs and take appropriate action:
- Physical Abuse: This form of abuse involves the intentional use of physical force that causes pain, injury, or impairment. It can include actions such as hitting, pushing, restraining, or improper use of medication or physical restraints.
- Emotional or Psychological Abuse: Emotional abuse involves the infliction of anguish, fear, or distress through verbal or non-verbal acts. Examples may include humiliation, threats, intimidation, or isolation.
- Sexual Abuse: Sexual abuse involves any non-consensual sexual activity perpetrated against a resident. It can include unwanted touching, sexual assault, coerced nudity, or any sexual contact without the resident’s consent.
- Financial Abuse: This form of abuse occurs when an individual misuses or exploits a resident’s financial resources. It can involve unauthorized use of funds, coercion, or theft of personal belongings or financial information.
- Neglect: Neglect refers to the failure to provide necessary care and attention, leading to harm or compromising the well-being of residents. It can include inadequate supervision, and failure to provide medical treatment, nutrition, or hygienic care.
Identifying & Preventing Nursing Home Abuse
Nursing home neglect and abuse can be challenging to detect, but families must be vigilant and aware of the common warning signs. Several indicators may suggest a problem involving nursing home neglect and abuse:
- Untreated wounds or bedsores
- An abnormally pale complexion
- Bruises in restraint patterns
- Sudden weight loss
- Presence of fleas, lice, or dirt
- Poor personal hygiene or odors
- Torn clothing or broken items
- Untreated medical issues despite access to care
- Unexplained changes in behavior or mood
- Social withdrawal or isolation
- Fear or discomfort around specific staff members
- Lack of appropriate medical or personal care
- Medication errors or overmedication
- Unsanitary living conditions
To prevent nursing home abuse, it is important to maintain regular communication with loved ones living in the facility. Visit frequently and observe the overall environment and staff-resident interactions. If you have any suspicions or notice any signs of abuse, file a report with the appropriate authorities by calling the Nursing Home Complaint Hotline at (888) 201-4563.
What Laws Protect New York City Nursing Home Residents?
State and federal laws are in place to regulate nursing homes and protect the rights of residents in New York City. These laws ensure proper care, health, safety, and overall well-being of the people who live in these facilities.
In particular, nursing home residents are afforded the following rights:
- Right to Information: Residents have the right to receive written information about services, fees, and facility policies before moving in.
- Respect and Dignity: Residents must be treated with respect and dignity, and provided with a comfortable living environment.
- Freedom from Restraints: Residents have the right to be free from physical or chemical restraints unless necessary for safety or medical reasons.
- Choice and Independence: Residents have the right to make choices about activities, schedules, and personal preferences, promoting independence.
- Freedom from Abuse: Residents are protected from all types of abuse, including physical, emotional, and sexual abuse.
- Decision-Making Autonomy: Residents have the right to make independent decisions about their healthcare and daily lives.
- Quality Care and Treatment: Residents are entitled to access quality care and treatment without facing discrimination.
- Personal Belongings: Residents’ money, property, and belongings must be securely stored and protected.
- Visitation Rights: Residents have the freedom to choose when they receive visitors and to maintain meaningful connections with their loved ones.
- Complaint Procedure: A clear and accessible complaint procedure must be in place for residents to voice concerns and grievances.
Additionally, the Patient Abuse Reporting Law requires healthcare professionals in nursing homes to report any neglect or abuse they witness. The New York State Department of Health investigates allegations, imposes sanctions on guilty parties and facilities, and may penalize those who fail to report abuse or neglect.
Because many nursing home staff members provide healthcare services to residents, they are also subject to laws and regulations regarding medical professionals and their interactions with patients. Additionally, some laws regulate the size of the facility, the number of beds that they need to provide, and the type of licenses that they must hold to operate.
Types of Nursing Home Abuse Cases We Can Assist With
The effects of nursing home abuse can be deep and last for many years. If you or a loved one was harmed while in nursing home care, you have the right to pursue legal action against those responsible.
At Shapiro Legal Group, PLLC, we are dedicated to fighting for the rights of nursing home residents. We provide legal representation for cases involving the following types of injuries and incidents:
- Bed sores, pressure sores, and decubitus ulcers
- Medication errors
- Wrongful death
- Unexplained fractures
- Falls resulting in broken bones or brain injuries
- Failure to timely diagnose and treat medical conditions, including shingles
- Infections, including pic line infections, urinary tract infections, and sepsis
- Attacks by other residents or staff, both physical and sexual
- Dehydration and malnutrition
- Unexplained sudden deaths
- Any other injury related to abuse, neglect, or failure to monitor the patient
If you or a loved one has experienced any of the above, our attorneys can fight for your right to justice. Schedule a free consultation with a New York City nursing home abuse attorney as soon as possible to discuss your case and learn more about your legal options.
How Our New York City Nursing Home Abuse Attorney Can Help
Filing a nursing home abuse lawsuit can help you or your loved one recover financial compensation for the harm that you suffered due to the defendant’s actions. However, the process of pursuing a legal claim can be very complex. These cases require extensive legal knowledge, attention to detail, and a deep understanding of the laws surrounding nursing home abuse.
That’s where a New York City nursing home abuse lawyer can help. At Shapiro Legal Group, PLLC, our firm will handle all aspects of your case, from investigating the abuse or neglect, gathering evidence, and building a strong legal strategy, to navigating the complexities of filing a lawsuit and advocating for your rights in court.
Here are just some of the ways that we can support your case:
- Comprehensive Legal Evaluation: Your attorney will conduct a thorough evaluation of your case, gathering evidence, reviewing medical records, and assessing the extent of the abuse or neglect. This evaluation helps build a strong legal strategy tailored to your specific situation.
- Expert Guidance and Support: We understand the complexities of nursing home abuse cases and will guide you through the legal process, providing support every step of the way. Your attorney will explain your rights, help you understand the applicable laws, and answer any questions you may have.
- Gathering Evidence and Building a Strong Case: Your lawyer will work diligently to gather evidence, including medical records, witness testimonies, surveillance footage, and expert opinions, to build a compelling case on your behalf. This evidence will be crucial in proving negligence or intentional wrongdoing and holding responsible parties accountable.
- Calculating Compensation: Your attorney will diligently assess the extent of your damages and work with experts, such as medical professionals and economists, to accurately calculate the full value of your physical, emotional, and financial losses. With this information, we will advocate aggressively for your right to fair compensation for medical expenses, pain and suffering, and other damages resulting from the abuse.
- Litigation and Trial Representation: If a fair settlement cannot be reached, our attorney will not hesitate to take your case to court. We have the experience and resources to litigate nursing home abuse cases effectively, presenting a compelling argument to help you achieve a favorable outcome.
Who Can Be Held Liable for Your Loved One’s Injuries?
In a nursing home abuse lawsuit, various parties may be held liable for the injuries or harm suffered by your loved one. These potential defendants can include:
- Doctors and physicians assistants
- Contracted vendors and care providers
- Custodians, groundskeepers, and other maintenance staff
- Nursing homes and their parent companies
- Registered nurses (RNs), licensed practical nurses (LPNs), or licensed vocational nurses (LVNs), and certified nursing assistants (CNAs)
A Nursing Home May be Responsible for Abusive Conditions
The facility itself may bear responsibility for the abusive conditions. Under vicarious liability, the nursing home can be held liable for the negligent or abusive actions of its staff members if those actions were committed within the scope of their employment. Victims may pursue legal action not only against individual caregivers but also against the facility for failing to prevent and address abusive situations on their premises.
What Compensation May Be Available in Your Case?
By filing a nursing home abuse lawsuit, you or your loved one can recover financial compensation for the physical, emotional, and financial damages that you have suffered. While the specific compensation will depend on the circumstances of your case, here are some potential types of damages that may be available:
- Medical Expenses: This includes reimbursement for past and future medical treatment, hospital stays, medications, therapy, and rehabilitation services related to the abuse.
- Pain and Suffering: This compensation is awarded for the physical and emotional pain, distress, and anguish caused by the abuse or neglect.
- Property Loss: If the abuse involved financial exploitation or damage to the resident’s property, compensation to replace or repair the damages property can be claimed.
- Punitive Damages: In certain cases involving particularly egregious behavior, punitive damages may be awarded to punish the responsible party and deter future misconduct. New York courts award punitive damages when the defendant acted with complete disregard for the victim’s health or safety.
- Wrongful Death Damages: In cases involving the wrongful death of a loved one due to nursing home abuse, the settlement may cover funeral and burial expenses, loss of financial support, loss of companionship, and other related damages.
Reporting Nursing Home Abuse in New York City
If you suspect nursing home abuse in New York City, it is crucial to report it promptly to protect your loved one and ensure his or her safety. You can contact the New York State Department of Health, Division of Nursing Home and ICF/IID Surveillance, which investigates allegations and complaints of abuse, neglect, and mistreatment in nursing homes.
There are several ways that you can get in touch with the proper authorities. First, you can fill out the Nursing Home Complaint Form online through the official website of the New York State Department of Health.
You can also download and print the PDF version of the Nursing Home Complaint Form and submit it via mail, fax, or email. Finally, you can call the Nursing Home Complaint Hotline at (888) 201-4563.
Speak to Our New York City Nursing Home Abuse Attorney Today
If you or a loved one has been affected by nursing home abuse, don’t hesitate to contact the New York City nursing home abuse lawyers at Shapiro Legal Group, PLLC. Call us at (800) 220-0984 or complete our online contact form to schedule your free case consultation.