Nursing homes are meant to be places where the elderly can receive excellent health and personal care. Sadly, this is not always the case. According to data from the National Center on Elder Abuse (NCEA), it is estimated that 1 in 10 nursing home residents experience some form of abuse or neglect.
By filing a nursing home abuse lawsuit, family members can seek justice for the wrong their loved one has suffered. However, the reality is that taking legal action can be daunting. The good news is that claimants can find all the information they need in this guide.
Understanding Nursing Home Abuse
Nursing home abuse is the term used to describe negligent or intentional acts committed in a healthcare facility for the aged that result in distress, harm, and, in serious cases, death.
Elderly folk are more susceptible to abuse than other people because they are often dependent on others for care. Moreover, since these individuals often suffer from dementia, memory problems, and more, they are unable to report the abuse in many cases.
Understaffing and a lack of training are common reasons why abuse or neglect occurs. In fact, according to The New York Times, the number of staff members in these facilities is under the state's required minimums.
Types of Nursing Home Abuse
It's important to remember that there are a number of different types of nursing home abuse.
Physical abuse. This type of abuse involves physical injuries, such as cuts, fractures, broken bones, etc., that are not reported.
Sexual abuse. Any type of non-consensual sexual act committed with an older person is considered sexual abuse.
Emotional abuse. Nursing home attendants can also instill fear into residents by humiliating, intimidating, or isolating them.
Financial exploitation. Stealing or misusing an elderly person's assets or finances can also be viewed as abuse.
Neglect. When attendants fail to provide proper healthcare, hygiene, food, or personal care, it can cause harm to the resident.
Common Signs That a Nursing Home Resident Is Being Abused or Neglected
The truth is that nursing home neglect or abuse may not be easy to identify, particularly if the affected person has a medical condition that affects their memory or ability to communicate. However, there are certain tell-tale signs that family members can look out for:
Infections
Signs of trauma (such as rocking back and forth)
Unkempt appearance
Fractures or signs of a fall
Missing medical devices
Medication errors
Significant weight gain or loss
Dehydration and/or malnutrition
Unexplained bruises and/or cuts
Missing finances or assets
Withdrawal or depression
What the Law Has to Say About Nursing Home Abuse
The law protects senior citizens in nursing homes. There are a number of laws that safeguard the human rights of senior citizens.
New York Penal Law Article 260. This law is designed to protect vulnerable people, such as children and senior citizens, against abuse, neglect, or exploitation.
Nursing Home Residents' Bill of Rights. Residents of nursing homes have rights under the New York Public Health Law, such as the right not to be abused or neglected, the right to privacy, and the right to quality medical care. These rights must be upheld by these facilities, or they may face penalties. According to this law, residents may also appeal to the New York State Department of Health for a discharge or transfer.
The New York Elder Law. Seniors are given certain protections under this statute, such as financial security and assistance in the form of adult care services. It also outlines guardianship over elderly people who are incapacitated.
How to File a Lawsuit for Nursing Home Abuse in NY
When an elder is being abused or neglected by staff members, their guardian can take legal action against the at-fault party or parties. This allows them to obtain compensatory damages for medical bills, pain and suffering, and more.
The section below details the process claimants should follow to obtain restitution in such cases.
Step 1: Document the Abuse or Neglect
Before a complainant can file a lawsuit, they must first obtain enough evidence to prove that there was abuse or neglect. Photographs of physical injuries, witness testimonies, medical records, correspondence with staff members, and proof of missing finances or assets can be used to back up a nursing home abuse claim.
Step 2: Report the Nursing Home
Family members will then need to report abuse or neglect in New York nursing homes by calling the Nursing Home Complaint Hotline at 1-888-201-4563. Alternatively, they can complete a nursing home complaint form on the New York State Department of Health's website.
If the elderly person is in danger, guardians must contact Adult Protective Services to ensure their safety.
It's important to report the abuse or neglect before taking legal action to ensure that the abuse does not continue. The person may be moved to a different facility, or the staff member may be disciplined accordingly. Family members must also ensure that their loved one receives medical treatment for their injuries.
Step 3: Consult an Attorney
Once the abuse has been successfully reported and the resident is safe, the family member can approach an experienced nursing home abuse attorney for legal guidance. Claimants must find a lawyer who specializes in elder abuse and neglect.
This is important, as it can help to secure a favorable outcome. The Law Office of Carl Maltese is equipped to handle these cases. We will ensure that all nursing home residents get the justice they deserve.
Families can turn to us for reliable advice and guidance on how to approach the case. We will help them determine whether they have grounds for a lawsuit at a free initial consultation. Keep in mind that in order to file a personal injury lawsuit, the victim had to have suffered physical injuries as a result of a negligent or intentional act.
Step 4: File a Personal Injury Lawsuit
With the help of their attorney, the family member can then file a nursing home abuse lawsuit. This involves the following:
Establishing liability. The first step is determining who is to blame for the neglect or abuse. Multiple parties may be involved, and identifying all the at-fault people or entities is important. The nursing home facility, its staff, or third-party contractors could possibly be implicated.
Filing a complaint. Next, the attorney will help the claimant prepare a formal complaint that outlines the abuse or neglect. It will then be filed in a court in New York.
Serving the at-fault party. The defendant will be notified of the lawsuit that has been filed against them.
Finally, the case will then be concluded either through negotiation or in court, where the evidence will be presented before a judge. For more information, an injury attorney on Long Island may be able to help.
When Nursing Home Abuse Results in Death
The reality is that nursing home residents are often fragile, and neglect or physical abuse can cause them to suffer serious and sometimes fatal consequences.
When this happens, it can be heartbreaking. Although compensation will never bring their loved one back, family members can hold the at-fault party liable for their wrongful or negligent acts by filing a wrongful death lawsuit. This will provide compensation for medical bills, funeral expenses, and more.
The Statute of Limitations for Nursing Home Abuse Lawsuits
Nursing home abuse must be taken seriously. Reporting the abuse should be done immediately to keep the senior citizen safe. However, the law allows claimants up to three years for legal claims. Once this period has ended, the right to file a lawsuit is lost forever.
Moreover, it's important for family members to consult an attorney as soon as possible to begin the legal process. That's because time is needed to conduct an investigation into the abuse or neglect. Witnesses may need to be contacted, and evidence gathered to prove liability.
Why Choose The Law Office of Carl Maltese?
Working with an experienced and reputable personal injury lawyer is crucial to secure a favorable outcome. The Law Office of Carl Maltese is a leading law firm committed to securing settlements for victims of nursing home abuse. They also have insight into how to file a lawsuit for product liability in NY.
With over 58 years of experience, we are confident that we can provide the legal support that victims need during a distressing and emotionally challenging time as they watch their loved ones suffer. Our team is committed to providing expert guidance and advice, helping family members navigate the legal landscape with ease.
We provide free consultations to help claimants understand their options and advise on how to file a lawsuit for mesothelioma in NY.
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Nursing home negligence should not be left unpunished because it could happen to someone else. The reality is that elderly folk are more susceptible to injuries than most people, and even the smallest wrongful act could cause their health to deteriorate.
Fortunately, the law allows family members to hold offenders liable for their actions. By following the steps mentioned in this guide, claimants can obtain compensation to cover crucial expenses, such as medical treatment costs.
Although the process of filing a lawsuit on Long Island, NY, may seem intimidating, the good news is that The Law Office of Carl Maltese is here to guide families.
To learn more about their legal options, claimants can call the office.
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