Nursing Home Abuse Lawyers in New York | FREE Consultations (2022)

When we place our loved ones in nursing homes, we expect the staff members to provide for their needs and protect them from harm. All too often, however, nursing homes and their employees fail to provide for the basic needs of their residents. If your loved one suffered injuries due to nursing home abuse in New York, they may qualify for compensation.

Dansker & Aspromonte Associates passionately advocates for neglected and abused nursing home residents. We understand how difficult it is to learn your loved one has suffered in this way, and we are prepared to help.

Potentially Recoverable Losses in a Nursing Home Abuse Case

If your loved one suffered physical or emotional harm as a result of injuries or illnesses after nursing home abuse in New York, our injury lawyers can help calculate their damages to seek fair compensation. A recovery may apply for both economic and non-economic losses, as well as losses that extend into your loved one’s future.

Potential losses may include:

  • Pain and suffering
  • Mental anguish
  • Loss of quality of life
  • Medical expenses, including surgery, emergency room visits, medication, doctor’s visits, and more
  • Transportation to and from doctor’s appointments
  • The cost of relocating your loved one to another nursing home

If your loved one’s injuries require ongoing care, you may also be able to recover expenses for this. Long-term medical expenses may include:

  • Psychological rehabilitation
  • Cognitive rehabilitation
  • Physical therapy
  • Speech therapy
  • And more

We take pride in giving our clients the personalized attention they deserve. When we calculate your damages, we will carefully evaluate the full extent of all the harms your loved one experienced. We can also employ a few methods for assigning a monetary value to non-economic losses.

(Video) How Does Nursing Home Abuse Litigation in New York Work?

Wrongful Death

If New York nursing home abuse leads to the loss of your loved one, we can help you seek wrongful death damages. We may be able to do this through an insurance claim or a lawsuit.

Wrongful death damages can help pay for:

  • Your loved one’s pain and suffering before their passing
  • Your loved one’s medical bills resulting from their abuse-related injuries
  • Burial and funeral expenses
  • Loss of guidance and support

You and your family deserve to grieve in peace. Let us handle the legal process when coping with your loved one’s loss.

For a free legal consultation with a nursing home abuse lawyer serving New York, call (212) 732-2929

Types of Nursing Home Abuse Cases We Handle

Nursing home abuse can come in many forms, and family members can protect their loved ones by being aware of the ways abuse can happen.

Physical Abuse

In some instances, aggressive or poor treatment of the residents constitutes physical abuse. These actions can include hitting, beating, burning, or pinching the resident. Physical abuse often leaves tell-tale signs, such as markings, bruises, and scars.

(Video) Nursing Home Abuse & Neglect Lawyers | Henson Fuerst Law Firm

Neglect

Whether intentional or unintentional, neglect can be just as harmful as outright abuse. Nursing home neglect includes a failure to aid the resident with daily activities, including:

  • Going to the bathroom
  • Adjusting a bed-bound resident’s positioning
  • Feeding the resident
  • Providing water to the resident
  • Helping the resident with personal hygiene

Neglect can also come in the form of medical malpractice. For example, if nursing home staff fail to administer adequate medical attention, they can be held accountable for injuries the resident sustains. If this happened to you or your loved one, a nursing home medical malpractice lawyer can help you pursue a claim against the at-fault staff members.

Sexual Abuse

A nursing home patient may experience sexual abuse from a caretaker, another resident, or a visitor to the facility. Sexual abuse involves any form of unwanted sexual conduct, including touching and kissing. A resident who struggles with dementia may have difficulty reporting that they have experienced abuse.

Financial Abuse

Nursing home financial abuse occurs when a caretaker accesses a resident’s personal finances using their personal identification information. If your loved one is missing personal items or cash or you notice a discrepancy in their bank account, financial abuse may be occurring.

Emotional Abuse

Emotional abuse occurs when a caretaker psychologically harms a resident by yelling at them, demeaning them, mocking them, or even teasing them. Emotional abuse can take just as much of a toll on a resident as physical abuse.

New York Nursing Home Abuse Lawyer Near Me (212) 732-2929

(Video) Nursing Home Abuse Lawyer | Free Consultation | What to do if suspect nursing home abuse or injuries

If the Nursing Home’s Requirements Are Not Met, You Can Sue for Negligence

By both federal and state law, nursing homes are required to provide their residents with adequate care and protect them from abuse. Some of the requirements nursing homes are obligated to fulfill include:

  • Following a resident’s prescribed nutritional plan, which may include cutting food into smaller pieces
  • Administering prescribed medications according to doctor’s orders
  • Maintaining a safe and clean premise, free from any clutter that could cause a resident to fall
  • Assisting the resident with daily activities, such as going to the bathroom, eating, and engaging in recreational activities
  • Preventing the resident from wandering off the premises
  • Reducing the spread of infection

If a nursing home fails to adhere to these requirements, it puts its residents at risk of suffering injuries and illnesses. Many residents already struggle with medical conditions. Vulnerable nursing home residents cannot afford to suffer any further complications that could worsen an existing injury or illness.

Understaffing

One of the most prevalent factors leading to nursing home neglect in New York is understaffing, according to Health Service Insights. When nursing homes cut corners and fail to hire an adequate number of staff members, there are simply not enough people on hand to properly care for the residents.

This can lead to moving-impaired residents lying in bed for long periods before being adjusted, which can lead to bedsores. It can lead to a fall if a resident attempts to go to the bathroom without the assistance of a caretaker. It can also make it easier for a resident to wander off the premises, as there may not be enough staff members to keep an eye on the entrances and exits.

Understaffing is never an excuse for overworked nursing home caretakers to vent their frustrations on a resident. If a caretaker feels exhausted or frustrated, they may abuse or neglect a resident. If this happened to your loved one, you do not have to let the negligent parties get away with it. We can help you hold them liable.

Click to contact our New York City Personal Injury Lawyers today

(Video) How long does it take for a nursing home case to settle?

A Lawyer from Our Firm Can Help You File for Compensation for Your Loved One

At Dansker & Aspromonte Associates, the types of nursing home cases we handle include:

  • Nursing home neglect
  • Malnutrition dehydration
  • Nursing home falls
  • Nursing home physical abuse
  • Nursing home restraint injuries

Whatever the cause of your loved one’s nursing home injury, our attorneys will work diligently to pursue fair compensation for their losses and hold the negligent party or parties accountable. When we handle your case, our injury lawyers will:

  • Investigate the cause of your loved one’s injuries
  • Gather evidence, such as medical documents and testimonies, to hold the nursing home or caretaker liable
  • Calculate your losses
  • File an insurance claim
  • Negotiate with insurers for a fair settlement
  • File a lawsuit if necessary
  • Abide by any deadlines for taking legal action
  • Represent you in a trial

Complete a Free Case Evaluation form now

Let Dansker & Aspromonte Associates Handle Your Case

We have a great deal of experience with nursing home negligence and abuse cases, and we welcome your inquiries and questions about these matters. Learn about working with a nursing home negligence and abuse attorney during a free consultation.

Contact us online or call us. If we agree to accept your case, you will not be required to pay us any money upfront. We only earn a legal fee if your loved one recovers compensation.

Call or text (212) 732-2929 or complete a Free Case Evaluation form

(Video) Risks & Benefits Of Nursing Homes After Bruce Willis Is Diagnosed w Aphasia Explained By Lawyer

FAQs

How can a nursing home abuse lawyer help? ›

A nursing home abuse lawyer guides victims through the legal process and helps them receive financial compensation for the harm they've suffered. By working with an experienced lawyer, families have a better shot at receiving compensation. Lawyers can file cases for many types of abuse, such as: Emotional abuse.

What is the most common abuse in nursing homes? ›

The seven types of abuse in nursing homes are:
  1. Emotional Abuse. According to data from the NCEA, emotional abuse is by far the most common type of abuse in the nursing home setting. ...
  2. Physical Abuse. ...
  3. Abandonment. ...
  4. Sexual Abuse. ...
  5. Financial Abuse. ...
  6. Neglect. ...
  7. Self-Neglect.
25 Jan 2022

How do I report abuse in a nursing home in New York? ›

You may submit this form multiple ways:
  1. Call the Nursing Home Complaint Hotline at 1-888-201-4563.
  2. Fill out the online Nursing Home Complaint Form located below.
  3. Print out the Nursing Home Complaint Form [ PDF ]
  4. Mail to: ...
  5. Fax the Complaint form: 518-408-1157.
  6. Scan the form and E-mail to: nhintake@health.ny.gov.

What is nursing home abuse? ›

Nursing home abuse is any type of harm — including physical or emotional injuries, sexual assault, or financial exploitation — that comes to elderly residents in long-term care facilities.

How do you prove emotional elder abuse? ›

Some indicators that emotional elder abuse may be occurring include:
  1. Agitation.
  2. Avoidance of eye contact with a specific caregiver.
  3. Confusion that is unrelated to any health problems.
  4. Cowering when the abuser is around.
  5. Fear.
  6. Increasing depression.
  7. Nervousness.
  8. Passivity.
24 Jun 2021

What are the 3 most common complaints about nursing homes? ›

What Are the Three Most Common Complaints About Nursing Homes?
  • Slow Response Times. By far, the most common complaint in many nursing homes is that staff members are slow to respond to the needs of residents. ...
  • Poor Quality Food. ...
  • Social Isolation. ...
  • When Complaints Turn into a Dangerous Situation.
29 Dec 2021

What is the 2nd most common form of elder abuse? ›

Psychological abuse is the second most common form of elder abuse after neglect. It often consists of purposeful verbal or nonverbal infliction of emotional or mental anguish.

What is the most under reported type of abuse in the elderly? ›

Important statistics about nursing home neglect include:

The U.S. Justice Department notes that caregiver neglect is the most unreported type of abuse, with 1 out of every 57 cases being reported. Neglect is also one of the most common types of elder abuse.

What are the 7 types of elder abuse? ›

The 7 most common types of elderly abuse include physical abuse, neglect, emotional abuse, financial abuse, sexual abuse, self-neglect, and abandonment. Any of these elder abuse types can be devastating to older people and their families.

Who oversees nursing homes in New York State? ›

The New York State Department of Health, Nursing Homes and ICF/IID Surveillance is responsible for investigating complaints and incidents for nursing homes in New York State, which are related to State and/or Federal regulatory violation.

What is considered elder abuse in NY? ›

The U.S. Administration on Aging defines elder abuse of as the knowing, intentional, or negligent act by a caregiver that causes harm or serious risk of harm to a vulnerable older adult.

What is NY State law regarding elder abuse and mandated reporting? ›

Unfortunately, New York State is one of the few in the country without mandatory reporting laws regarding elder abuse and neglect. The state only requires those working in adult protective services to report suspicion of abuse to law enforcement.

What are the three main types of elder abuse? ›

Three types of elder abuse exist: 1) self-neglect, also referred to as self-abuse; 2) domestic abuse; and 3) institutional abuse.

What are the six forms of elder abuse? ›

There are six types of elder abuse — physical, sexual, financial, emotional, neglect and confinement. These types of abuse can lead to severe injuries and long-term physiological consequences for many older adults. Learn how to recognize the signs and report each type of abuse to protect your loved ones.

What are the 8 types of abuse? ›

Cookies
  • Key messages.
  • Physical abuse.
  • Domestic violence.
  • Sexual abuse.
  • Psychological or emotional abuse.
  • Financial or material abuse.
  • Modern slavery.
  • Discriminatory abuse.

What are the 5 signs of emotional abuse? ›

5 Signs of Emotional Abuse
  • They are Hyper-Critical or Judgmental Towards You. ...
  • They Ignore Boundaries or Invade Your Privacy. ...
  • They are Possessive and/or Controlling. ...
  • They are Manipulative. ...
  • They Often Dismiss You and Your Feelings.
23 May 2017

Is emotional abuse the most difficult to prove? ›

Emotional abuse is often harder to prove than physical abuse, but it's still just as real and just as hurtful. Name-calling, insulting, mocking, threatening, humiliating, and manipulating are all examples of emotional abuse.

What are examples of elder abuse coercion? ›

Examples include, but are not limited to, cashing an elderly person's checks without authorization or permission; forging an older person's signature; misusing or stealing an older person's money or possessions; coercing or deceiving an older person into signing any document (e.g., contracts or will); and the improper ...

How often should nursing home residents be bathed? ›

1. Seniors don't have to bathe every day. Even though most Americans are used to showering every single day, it's not a strict requirement for good health. At a minimum, bathing once or twice a week helps most seniors avoid skin breakdown and infections.

What is classed as neglect in a care home? ›

Neglect includes not being provided with enough food or with the right kind of food, or not being taken proper care of. Leaving you without help to wash or change dirty or wet clothes, not getting you to a doctor when you need one or not making sure you have the right medicines all count as neglect.

What percentage of all complaints relate to end of life care? ›

This snapshot review identified that between 3% and 7%2 of all complaints received are for people who died in hospital. Few complaints identified the LCP as a contributing factor (16 in total). Less than 30% of the 255 complaints reviewed were for people who were known to have received care supported by the LCP3.

What are the five major consequences of elder abuse? ›

Consequences. Abuse of older people can have serious physical and mental health, financial, and social consequences, including, for instance, physical injuries, premature mortality, depression, cognitive decline, financial devastation and placement in nursing homes.

Who are the biggest perpetrators of elder abuse? ›

5.2.

Perpetrators who are related to the elderly victim are most often adult children ( Aged Rights Advocacy Service, 1999 ).

What is the greatest challenge of elder abuse? ›

In sum, the greatest risk factors for elder abuse appear to be disability – with movement into financial exploitation, low income, poor health, decreased social support reflecting predicted neglect, perpetrators who are unemployed, substance abusers, and mental health problems.

What is passive neglect? ›

Passive neglect – the failure by a caregiver to provide a person with the necessities of life including, but not limited to, food, clothing, shelter, or medical care, because of failure to understand the person's needs, lack of awareness of services to help meet needs, or lack of capacity to care for the person.

What is the highest form of reported abuse? ›

By far the most visible form of abuse is physical abuse. This kind of abuse is condemned by almost everyone and it is estimated that one in four women are victims of this kind of abuse. The most common forms of abuse include hitting, throwing and scalding, even suffocation is on the list.

What are two indicators of elder abuse? ›

What Are the Warning Signs of Elder Abuse?
  • Injuries such as bruises, cuts, or broken bones.
  • Malnourishment or weight loss.
  • Poor hygiene.
  • Symptoms of anxiety, depression, or confusion.
  • Unexplained transactions or loss of money.
  • Withdrawal from family members or friends.
8 Jan 2020

What are red flags for elder abuse? ›

Sudden unexplained transfers of assets, particularly real property. Sudden appearance of previously uninvolved relatives claiming their rights to a vulnerable adult's affairs and possessions. Discovery of a vulnerable adult's signature being forged for financial transactions or for the titles of his or her possessions.

What does fiduciary abuse mean? ›

What is fiduciary abuse? Fiduciary abuse occurs when one person has been legally entrusted with managing the assets or interests of another, and uses their authority in an illegal or unethical manner for personal gain.

What is the root cause of elder abuse? ›

Common personal problems among caregivers that can lead to elder abuse include the following: Being under excessive stress due to chronic fatigue. Having an overwhelming amount of daily responsibilities. Suffering from illicit drug abuse, including the excessive use of alcohol.

Who is the head person in a nursing home? ›

A nursing home executive director, sometimes called a “nursing home administrator,” is responsible for maintaining all operations of a long-term care facility.

How do I write a complaint letter to a nursing home? ›

How to Write a Complaint Letter to a Nursing Home
  1. Send the letter to the appropriate person. In most cases, the buck stops with the administrator. ...
  2. Use a formal greeting. The administrator is not your friend. ...
  3. Include specific dates and names. ...
  4. Describe your complaint. ...
  5. Include a call to action.
11 Aug 2022

How do I file a complaint with the NYS health Department? ›

Phone. 1-800-663-6114 - Complaints/Inquiries (Monday-Friday 9:00 a.m - 5:00 p.m.)

What are the five Recognised main categories of abuse? ›

The 5 most recognised forms of abuse are defined in the UK Government guidance Working Together to Safeguard Children (2016) as follows:
  • • Physical. This harm is not accidental. ...
  • • Emotional. This is sometimes called psychological abuse. ...
  • • Neglect. ...
  • • Sexual. ...
  • • Bullying. ...
  • Want more?
13 Jun 2019

What factors are considered in determining abuse? ›

Risk factors for abuse
  • Lack of mental capacity.
  • Increasing age.
  • Being physically dependent on others.
  • Low self-esteem.
  • Previous history of abuse.
  • Negative experiences of disclosing abuse.
  • Social isolation.
  • Lack of access to health and social services or high-quality information.
31 Mar 2021

What is passive neglect in the elderly? ›

Passive neglect occurs when a parent/caregiver unintentionally fails to meet the elderly person/child's needs, often due to the parent/caregiver's burdens or lack of knowledge of how to appropriately provide care.

What is considered abuse in New York State? ›

The Family Court Act of the state of New York defines child neglect or abuse as the act, or failure to act, by any parent or caretaker that results in the death, serious physical or emotional harm, sexual abuse, or exploitation of a child under the age of 18.

Is New York a mandatory reporting state? ›

Certain professionals such as doctors, nurses, teachers, police officers, and child care center workers are mandated by New York State law to report suspected child abuse and neglect to the state hotline, the New York State Central Register (SCR).

Why does elder abuse not get reported? ›

Some of the reasons that elders may not report include: Being unable to report, due to physical or mental ability. Depending on the abuser for care and basic needs. Fearing retaliation from the abuser.

What is the most common abuse in nursing homes? ›

The seven types of abuse in nursing homes are:
  1. Emotional Abuse. According to data from the NCEA, emotional abuse is by far the most common type of abuse in the nursing home setting. ...
  2. Physical Abuse. ...
  3. Abandonment. ...
  4. Sexual Abuse. ...
  5. Financial Abuse. ...
  6. Neglect. ...
  7. Self-Neglect.
25 Jan 2022

What is passive elder abuse? ›

Passive neglect is a caregiver's failure to provide an older adult with life's necessities, including, but not limited to, food, clothing, shelter, or medical care.

What is a form of emotional abuse of an elderly person? ›

Emotional Elder Abuse. Emotional elder abuse occurs when an older person is yelled at, threatened, or belittled. While it doesn't leave physical marks, it can be devastating to someone's well-being, potentially causing depression, PTSD, and anxiety.

How do you prove emotional elder abuse? ›

Some indicators that emotional elder abuse may be occurring include:
  1. Agitation.
  2. Avoidance of eye contact with a specific caregiver.
  3. Confusion that is unrelated to any health problems.
  4. Cowering when the abuser is around.
  5. Fear.
  6. Increasing depression.
  7. Nervousness.
  8. Passivity.
24 Jun 2021

Can a sibling prevent you from seeing an elderly parent? ›

If your parent has appointed your sibling as their legal guardian, then they may have the authority to prevent visitations if your parent is incapacitated. However, if your parent has not appointed a legal guardian, then you should be able to visit your parent unless there is a court order preventing you from doing so.

What are the four 4 categories of abusive? ›

There are four main categories of child abuse: physical abuse, emotional abuse, sexual abuse and neglect.

What is the most common type of elder abuse? ›

Elders can sometimes mistreat themselves through self-neglect. According to the NCOA, elders are more likely to self-report financial exploitation than emotional abuse, physical abuse, sexual abuse, or neglect. Psychological abuse is the most common type of elder abuse, according to the NCEA.

What are 3 characteristics of abusers? ›

Red flags and warning signs of an abuser include but are not limited to:
  • Extreme jealousy.
  • Possessiveness.
  • Unpredictability.
  • A bad temper.
  • Cruelty to animals.
  • Verbal abuse.
  • Extremely controlling behavior.
  • Antiquated beliefs about roles of women and men in relationships.

What are at least 3 examples of mental abuse? ›

Other examples of mental abuse can range from bullying, withholding kind words, negging, passive-aggressive backhanded compliments, verbal abuse, and mental manipulation. When someone has realized they are a victim of mental abuse, some decide to stay, while others develop unhealthy methods to deal with the trauma.

Can I take legal action against a care home? ›

Can you sue a nursing home for negligence? You may be able to claim compensation if you have received negligent care that has caused an injury or illness you would not otherwise have suffered. You can also raise a claim on behalf of a victim who is unable to act for themselves legally.

What is the best way to deal with elder abuse? ›

Call the police or 9-1-1 immediately if someone you know is in immediate, life-threatening danger. If the danger is not immediate, but you suspect that abuse has occurred or is occurring, please tell someone. Relay your concerns to the local adult protective services, long-term care ombudsman, or the police.

How do you respond to abuse in a care home? ›

Under different circumstances, you may have to:
  1. report the incident or situation.
  2. assist with any formal investigation.
  3. assess, monitor and review the situation in consultation with other staff team members such as a keyworker.
  4. talk to the victim and/or alleged perpetrator to ascertain their versions and views.

How do I protect my loved one in a nursing home? ›

How to keep loved ones safe in a nursing home
  1. Keep your eyes, ears, and nose open.
  2. Look for red flags.
  3. Stay in touch.
  4. Use technology when possible.
  5. Know who to talk to.

How do you prove a duty of care is breached? ›

A duty of care is breached when someone is injured because of the action (or in some cases, the lack of action) of another person when it was reasonably foreseeable that the action could cause injury, and a reasonable person in the same position would not have acted that way.

What is negligence in a care home? ›

Negligence in a care home is where a resident is being mistreated or neglected and often results in an injury or illness. Any form of care home negligence is unacceptable and should be addressed as soon as possible.

What are 3 signs that an elderly person is suffering from abuse? ›

Physical abuse warning signs

Broken bones, sprains, or dislocations. A report of drug overdose or an apparent failure to take medication regularly (a prescription has more remaining than it should). Broken eyeglasses or frames. Signs of being restrained, such as rope marks on wrists.

What are the five major consequences of elder abuse? ›

Consequences. Abuse of older people can have serious physical and mental health, financial, and social consequences, including, for instance, physical injuries, premature mortality, depression, cognitive decline, financial devastation and placement in nursing homes.

What are the 5 signs of emotional abuse? ›

5 Signs of Emotional Abuse
  • They are Hyper-Critical or Judgmental Towards You. ...
  • They Ignore Boundaries or Invade Your Privacy. ...
  • They are Possessive and/or Controlling. ...
  • They are Manipulative. ...
  • They Often Dismiss You and Your Feelings.
23 May 2017

How do you respond to a verbally abusive patient? ›

Responding to Abusive Patient Behavior
  1. Respect Personal Space. ...
  2. Be Aware of Your Own Body Position. ...
  3. Be Empathic to Others' Feelings. ...
  4. Keep Nonverbal Cues Nonthreatening. ...
  5. Ignore Challenging Questions. ...
  6. Set & Enforce Reasonable Limits. ...
  7. Allow Verbal Venting When Possible. ...
  8. Identify the Real Reason for the Behavior.
14 Mar 2020

What is Section 42 Care Act? ›

Section 42 (s42) of the Care Act gives Local Authorities the primary duty to make, or cause to be made, whatever enquiries are necessary to enable the Local Authority to decide whether any action should be taken in the adult's case, and if so, what and by whom.

What are the 5 main safeguarding issues? ›

What are Safeguarding Issues? Examples of safeguarding issues include bullying, radicalisation, sexual exploitation, grooming, allegations against staff, incidents of self-harm, forced marriage, and FGM. These are the main incidents you are likely to come across, however, there may be others.

How would you deal with a difficult family member in a nursing home? ›

How To Deal With Difficult Families in Nursing
  1. #1 Step Up Your Patience Game. ...
  2. #2 Make Your Actions Intentional. ...
  3. #3 Reassure Difficult Families And Make Them Feel Safe. ...
  4. #4 Include Difficult Families In The Plans. ...
  5. #5 Keep Things Light. ...
  6. #6 Allow The Difficult Families Room To Express Their Stress.
8 Sept 2013

Can Social Services put someone into a nursing home? ›

You have funding issues

Paying for residential care is often cheaper than paying for someone to stay in their own home and receive care there. Therefore, social services or the council may be forced to put someone into a care home if it is the only financially feasible way to ensure they get the care they require.

Why do people put their loved ones in nursing homes? ›

They Can't Take Care of Themselves

Some other signs about when is it time to place a parent in a nursing home are that they: Need help eating, using the restroom, standing, walking, laying down, and performing personal hygiene routines. No longer remembers to eat, bathe, or perform other important rituals.

Videos

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