New Rochelle Nursing Home Abuse Lawyer

Nursing homes, skilled nursing facilities, rehab centers, and in-home elder care services are used by many families trying to ensure the highest possible well-being for their loved ones.

Unfortunately, nursing home neglect and abuse are more common than any of us would like to imagine when considering the condition of a loved one that needs to become a nursing home resident.

The World Health Organization revealed that in 2021, two in three staff members in institutionalized care reported that they had committed elder abuse in the past year. The number of residents that have experienced emotional abuse, financial exploitation, or physical abuse is increasing dramatically.

The affiliate New York personal injury attorneys at the Nursing Home Law Center, LLC, have helped many clients with their New York nursing home abuse cases and personal injury claims. A passionate lawyer from our law firm can make a difference in your loved one’s case.

If your family member is experiencing nursing home abuse, contact our New Rochelle nursing home abuse lawyers at (800) 926-7565 (toll-free phone number) for a free consultation. Our specialized abuse lawyer will hear your case, explain your legal options, and ensure your loved one gets the proper treatment for the nursing home abuse situation they have experienced.

While there are many types of nursing home abuse, some are very common, and one should know what they are to look out for their loved ones.

Physical abuse

Physical abuse is the intentional infliction of physical impairment or personal injury and harm. It includes:

• Assaulting
• Hitting
• Kicking
• Shoving
• Throwing items at nursing home residents
• Using drugs inappropriately
• Restraining the individual
• Unexplained injuries
• Broken bones

Emotional abuse

Emotional abuse can result in severe consequences for your loved one. It can significantly affect their self-esteem, making them retreat socially and become depressed.

Emotional abuse can be:

• Yelling
• Threatening
• Humiliating
• Ridiculing
• Terrorizing
• Verbal abuse

Financial abuse

Usually, nursing home residents are at greater risk for financial abuse. Financial abuse is the unauthorized use of the income or property of nursing home residents. Financial abuse is typically inflicted by a person familiar to the patient, such as a caretaker.

Examples of financial exploitation include:

• Forging the elderly person’s signature
• Committing identity theft
• Stealing property from the elderly person
• Misusing the patient’s checks, credit cards, or benefits
• Unexplained withdrawal of large sums or excessive withdrawals of small sums

If you have witnessed neglect or abuse in the nursing home of your loved one, do not hesitate to get them to a safe place! After you do, make sure you contact one of our affiliate nursing home abuse lawyers to help you throughout the whole process of getting the justice your loved one deserves.

There is not a specific cause of nursing home abuse. Various factors can make a caretaker inflict elder abuse, emotional abuse, or neglect of their patients. However, a few issues are related to staff concerns, which is why you should observe the staff when choosing a care facility for your loved one.

Understaffing

Nursing home abuse and negligence are the more common concerns based on the low ratio of caretakers versus the patients. Understaffing can lead to neglect, which causes:

• Bed sores
• Physical health issues
• Psychological ailments
• Emotional abuse and distress
• Lack of primary care for the resident’s well being
• Lack of attention to the resident’s necessities

Consequences of understaffing may also occur with the caretakers as well. The enormous difficulties of changing working conditions could also lead to psychological issues and burnout. As stress increases, impaired residents and elder abuse may increase as well.

Workload Issues

Work organization changes in a nursing facility can increase employees’ stress and environmental risks.

When a nursing facility is downsizing, restructuring, and has layoffs, it can directly impact the safety conditions and the care center and mainly affects resident care. Workload changes can lead to overworking of staff members, which makes an environment prone to neglect and nursing home abuse.

Poor Supervision and Lack of Accountability

Another massive issue with nursing homes is that management can be inferior in skills. Standards are simply not kept if the nursing care center does not have proper leadership and supervision.

A general national environment of continued lack of accountability where neglect and abuse can continue without consequence does not help improve the current situation.

Holding nursing facilities accountable for their performance requires a robust compliance program, and the widespread lack of punishments is one of the biggest reasons for abuse in nursing homes.

When we keep doing the same, we can expect a similar outcome. Even if nursing home abuse is reported, cases of nursing home abuse go uninvestigated or unpunished.

Inadequate Training

Every care facility must follow specific protocols to ensure that all nursing home residents receive adequate care. Administrators and managers must ensure that all caretakers know how to properly care for the residents and proceed when a resident has experienced nursing home abuse.

Improper training directly impacts patients and their care, usually leading to nursing home neglect. Caregivers must be educated to provide primary personal care and other support for nursing home residents. Without this training, many unfortunate consequences could happen, such as:

• Not having the required educational and vocational training
• Improperly administering medications
• Not being trained on the specific policies of the nursing home
• Not checking for bedsores
• Not knowing how to perform CPR
• Inadequate training for particular disabilities, illnesses, and needs

These causes of nursing home abuse due to undertraining can often be preventable with increased training protocols.

Nursing homes are responsible for keeping their residents safe and well-taken care of at all times. But it is also up to family members to take notice of any signs of nursing home abuse to keep their loved ones safe.

Sometimes, it is obvious when abuse is happening in a care facility when:

• A resident manages to report that they have experienced nursing home abuse
• When a caregiver threatens the patient openly
• There is repeated failure to assist a patient who needs help or simply ignores the patient’s needs.

Other times, the evidence of abuse or neglect is less apparent:

• Abuse can manifest when a patient begins fading away.
• When a patient becomes suddenly depressed or withdrawn.
• When nursing home residents become quiet around a particular caretaker
• Behavioral changes that a family member would recognize may be evidence of emotional abuse

Sadly, sometimes, a staff member of the nursing institution discovers and covers up the abuse to protect their interests. Remember that they will not do anything without consulting their own nursing home abuse attorney in New York.

When you notice that the patient may have suffered an injury due to negligence and abuse, be aware that the resident and the family may have a claim for nursing facility abuse or a personal injury. You must contact a nursing home abuse lawyer from New York to be on your corner.

Having Additional Needs

Individuals with additional needs that need more care than the average resident are more likely to face different forms of neglect over time. Nursing facilities’ caretakers may fail to feed, hydrate, or even more the residents that require more assistance. It may cause patients to suffer from malnourishment, dehydration, bedsores, rashes, and a range of medical conditions from lack of care.

Disabilities

Residents who are mentally or physically disabled need more specialized care, causing them to be more likely to suffer from abuse or neglect. Staff overworked or not properly trained will have a hard time providing care to these residents. They may even lash out at them if they become frustrated.

Patients with cognitive disorders like Alzheimer’s or dementia or e depression, anxiety, or bipolar disorder may also require more care. Typically, their conditions present a communication issue, and staff must be more present.

Being more present could be challenging when the facility doesn’t have an excellent staff-patient ratio. 

Physical disabilities provide an additional challenge for care staff. These residents require extra care, eliciting feelings of frustration in some caregivers, which makes them more susceptible to being abused.

Medication

Many nursing home residents rely on medications to keep their health problems under control, requiring staff to be punctual when administering their medication; otherwise, this could prove fatal.

Some nursing facilities also overmedicate residents, sedating them and making them easier when providing care.

Make sure to notice if residents seem unresponsive when you go visit facilities before committing to them.

Finances

Older nursing home residents may be at risk of financial abuse since they usually are not in charge of their accounts. Financial abuse happens to residents who are known to be wealthy or have access to wealth.

When caretakers or even families understand that the patient needs someone to take care of their assets, it makes them more likely to be targets of financial abuse.

For New York care facilities to cultivate a safe environment, they establish trust and transparency with staff, residents, and their families, which include:

Investigation of Incidents

Nursing homes should be able to conduct thorough investigations of allegations and incidents within their facilities. Even if they have the help of a nursing home abuse lawyer to comply with regulations, they should develop a systematic approach to analyzing the incidents and implementing changes to prevent future occurrences.

Additionally, environmental nursing home risks involving physical conditions may significantly contribute to hazards such as:

Preventing the spread of infection

Established good cleaning practices reduce the risk of spreading infections and disease to vulnerable patients. Besides, it helps keep staff healthy in these places, so they can continue providing proper care for the residents.

Additionally, it is of the utmost importance to have a protocol for appropriate handwashing. Such practice is essential to preventing the spread of diseases. Ensuring that employees, visitors, residents, and families are appropriately taught handwashing practices is the first line of defense against germs and a possible disease outbreak in a care home.

Unsafe environmental conditions

Slips and falls are widespread in older age and disabled patients. Unsafe conditions are:

• Poor lighting
• Wet floors
• Improperly maintained or fitted wheelchairs
• Incorrect bed height

To prevent falls, facilities should make environmental adjustments, such as:

• Installing grab bars
• Raised toilet seats
• Handrails

Changing Linen and Personal Items

In the fight against infections, it’s vital to ensure that care facilities change bedding and personal things regularly since it is prevalent for sickness to be always present in these homes. Changing toothbrushes, bed sheets, and clothes are essential to limit disease spreading since bacteria can survive long enough on personal things to create an outbreak.

The New York State Department of Health, Division of Nursing Home, and ICF/IID Surveillance are responsible for investigating complaints about resident abuse, neglect, and mistreatment. These agencies also investigate incidents occurring in nursing homes in New York State related to a state or federal regulatory violation.

Anyone can file a complaint against a Nursing Home. All complaints are confidential and can be made anonymously.

Additionally, the State Office for the Aging (SOFA) employs an ombudsperson in each county of New York. An ombudsman is an advocate for residents of nursing homes.

They provide information about finding a nursing home that is the right fit for your needs and will provide the care your loved one deserves. The ombudsman can also assist you with a complaint against a nursing home. You can reach The State Office for the Aging at 1-800-342-9871.

Nursing facilities can be held responsible for their negligence or abuse of their residents. Long-term care facilities may also be liable for violating licensing, maintenance, and general operation regulations.

Any act of abuse, personal injury, neglect, or exploitation might ensue a lawsuit.

The liability of a nursing home owner, management, administration, or employees can result from:

• Lack of personal supervision and care
• Negligent hiring and retention of employees
• Poor and insufficient maintenance of the premises
• Negligent selection or maintenance of equipment

If you notice any of these situations in a care facility, do not hesitate to report them and call a New York-based nursing home abuse lawyer.

The answer may vary depending on the jurisdiction. In jurisdictions where the administrator of the care facility is considered a health care provider for medical malpractice law, the victim may have to prove additional requirements to prove malpractice.

It is always best to consult a nursing home abuse attorney in New York.

• Necessary and reasonable medical expenses
• Hospital expenses
• Anticipated future expenses
• Pain and suffering from physical injuries
• Mental suffering
• Disfigurement
• Shortened Life Expectancy
• Punitive Damages
• Fees that your nursing home abuse attorney may have incurred

A specialized lawyer understands the harrowing moment you and your loved one are going through when you have an abuse claim against the facility you thought was taking care of your loved one. Your family can focus on getting your loved one to a safe place while the professional guides you through the process and makes it bearable in a time of need.

The Nursing Home is not on Your Side

As soon as the managers know about the abuse or neglect, they will try to handle the issue internally. Regardless of how helpful they may seem, it’s essential to remember that the interests of nursing home administrators are in direct conflict with your loved ones.

They expect to pay as little as possible for the damages your loved one has suffered. Remember that if you accept an unfair settlement and sign a release, you won’t be able to pursue further compensation.

In most cases, the presence of an experienced nursing home negligence attorney makes the defendant more inclined to cooperate and be truthful about the settlement and negotiation.

Gathering Evidence Could be Challenging

To make a strong nursing home abuse case, you’ll need strong evidence of what happened and the resulting damages. It is easy not to be paying attention to the necessary evidence when your loved one has just come out of an awful situation, and you are in the turmoil of it all.

Overlooking just one piece of substantial evidence could make it difficult to win a fair settlement. An attorney with the right experience will know the evidence to gather and how to get it.

Your attorney will know the evidence most relevant to your claim, which may include:

• The nursing home resident’s medical records
• Nursing home staff schedules
• Depositions from witnesses
• Medical experts

Use Tactics Specific to Your New York Nursing Home Case

All cases of nursing facilities and abuse are different. There is no simple formula to handle nursing home abuse claims. Even if you had positive prior results with an abuse claim, it does not mean that the same solution will apply here. Additionally, there is no one-size-fits-all approach for calculating a fair settlement.

Even the evidence needed to support your new case can be vastly different from that required for another claim, no matter how similar they look. An experienced attorney will identify the tactics necessary for your case and tailor their approach accordingly.

Nursing home abuse cases are complicated, and they require the assistance of an attorney who is familiar with the relevant legislation. But working with an experienced lawyer gives you the security to go into this situation with qualified help. They will be familiar with case law and local, state, and national nursing home laws.

A skilled nursing home abuse lawyer, whose practice areas are neglect and abuse in care facilities in New York State, will know how to create a solid case and fight for your legal rights.

The simple answer is: as soon as feasible. The first step in filing a negligence lawsuit against a nursing facility is to contact a lawyer. Our experienced nursing home abuse lawyers can assist you in filing a complaint against the nursing institution, its managers, and employees if needed.

This complaint usually contains a lot of information, such as:

• An explanation of your loved one’s injuries
• Facts about the occurrences of neglect that are relevant to the situation
• The names of the parties involved

Nursing facilities that have been sued may alter their policies to improve the treatment quality and avoid more issues and settlements.

However, if you wait too long after the neglect occurs, you may not be able to pursue legal action. Statutes of limitations prohibit lawsuits from being launched after a specified time has passed. Personal injury attorneys can assist you in meeting these deadlines.

If you believe nursing home staff members have abused you or your family, contact us today for a free legal case review.

Does the suffering, injury, or pain your loved one is experiencing appear to be caused by negligence or physical or emotional abuse at the nursing facility? Take immediate legal action for your loved one, and call our nursing home abuse lawyer to schedule a free consultation.

Elder abuse, financial exploitation, and nursing home residents experiencing abuse are right within our practice areas. Our affiliate lawyers at the Nursing Home Law Center, LLC, can assist you in understanding your rights and seeking compensation for your damages.

Call us at (800) 926-7565 to arrange a free consultation with one of our award-winning Roswell nursing home abuse attorneys. Our knowledgeable nursing home abuse lawyer will review your case and discuss your legal options and what we can do to ensure maximum compensation.

We serve clients throughout the state, including those living in the New York area, Suffolk County, Nassau County, and Long Island. All information you share with a nursing home abuse lawyer within our law firm remains confidential.

We provide immediate legal representation, advice, and counsel without upfront fees. All our legal services are paid after negotiating an acceptable out-of-court settlement or winning your case at trial.

Resources:

• American Psychological Association - Senior Citizens Abuse
• Centers For Disease Control and Prevention - Curbing Older Adults Abuse