legal resources necessary to hold negligent facilities accountable.
New York Nursing Home Abuse Lawyers
The New York nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565 provide legal representation for victims of mistreatment. Contact us today to schedule a free case evaluation to discuss filing a compensation claim to recover your damages.
Attorney Jennifer Wilson is licensed to practice law in New York and serves people across the state. Ms. Wilson's primary office is located at One Penn Plaza, 19th Floor, New York, NY 10119.
Placing a Loved One in the Hands of the Caregiving Facility
Entrusting your family member's well-being to a group of professionals requires a great deal of confidence in the medical and nursing staff who will provide their care. Most families hope that a senior care facility will provide them with a decent quality of life. They never expect to learn their loved one has suffered abuse or neglect after admittance to a nursing home.
As the US population ages, poor treatment of residents in nursing facilities continues to be a mostly hidden problem in our society. According to the National Center on Elder Abuse (NCEA), more than three million Americans reside in nursing homes. Nearly one in three of these homes fails to meet federal standards for safety and quality of care.
While the true prevalence of nursing home abuse and neglect remains unknown, experts believe it to be quite pervasive. The NCEA and the Centers for Disease Control and Prevention recognized the challenges in gathering accurate data and reporting problems. Most abuse cases nationwide likely go unreported.
Nursing Home Abuse Injury FAQs
How Do You Prove Nursing Home Negligence?
The surviving family member of a loved one lost by a senior care facility avoidable death could file a civil lawsuit seeking compensation. However, the complaint or petition must be filed in the appropriate county courthouse before the statute of limitations expires.
An attorney working on behalf of the plaintiffs will seek "discovery," or evidence acquired through depositions and the exchange of documents. Your lawyer will prove the case at trial showing that negligence directly caused the victim's injury or death by showing:
- The facility or nursing staff owed the resident a duty of care
- The facility or staff members breached their duty through negligence, abuse, or intentional act
- The patient suffered injuries or death as a result
What Can You Sue a Nursing Home For?
According to the CDC (Centers for Disease Control and Prevention), nearly two million American citizens suffer neglect or abuse at the hands of the staff, families, or others. Typical reasons victims and surviving families file civil lawsuits against nursing facilities include:
- Unsanitary or hazardous conditions
- Negligent hiring and training practices
- A lack of supervision
- Substandard medical care
- Sexual assault
- Physical, mental, or emotional abuse
- Financial exploitation
How Much Is a Nursing Home Wrongful Death Lawsuit?
Estimating the value of preventable death or personal injury case is challenging, based on the unique circumstances and evidence. Plaintiff attorneys typically estimate the case's worth before compensation demand letters to insurance companies or filing a lawsuit in civil court.
The Health Affairs report reveals that, on average, victims of abuse or neglect recover over $400,000 per case. Lawsuits involving preventable death and catastrophic injuries usually return the highest case values.
How Long Does It Take to Settle a Nursing Home Lawsuit?
Some personal injury attorneys postpone payment of any attorney fees and upfront costs to start the process for a quick resolution. Even so, the legal process of resolving claims or taking the case to trial is slow.
The defendants will usually delay, deny, or defend their actions by showing how the injury, harm, or death could not have been prevented. However, the plaintiff's attorney will seek the truth by deposing witnesses, reviewing medical records, and gathering evidence to prove the victim's case.
Some victims and survivors filing cases and death suits seek justice for their case and protect other eldercare facility residents. Every case is different with unique circumstances, and the length of time it takes to resolve the case depends on facts.
What Is the Most Commonly Reported Type of Elder Abuse?
According to the National Council on Aging (NCOA), senior citizens residing in nursing facilities are more likely to become financially exploited victims than any other type of elderly abuse.
Many financial abuse cases are self-reported by the victim who recognizes that someone has gained illegal access into their bank accounts, stole their credit cards or cash, or took their belongings. Neglect is the second most common form of assault on the elderly, where the nursing staff failed to meet the victim's needs.
Who Can Bring a Wrongful Death Action?
The laws in individual states determine who can submit a preventable death claim or lawsuit seeking compensation. Typically, the decedent's personal representative can file a claim. A representative might be an adult child, the victim's bank, or the law firm managing the estate.
Some states allow any beneficiary inheriting all, or a portion, of the decedent's estate to submit an avoidable death lawsuit. In some cases, the decedent's surviving children, spouse, or extended families have priority in obtaining compensation to recover damages like hospitalization costs, medical care expenses, lost wages, grieving, pain-and-suffering, and funeral/burial expenses.
A New York Elder Abuse Attorney Can Help
Do you believe that someone they love was abused or neglected in a nursing home? Contact an experienced New York personal injury attorneys at Nursing Home Law Center to start an investigation today.
The Prevalence of Senior Home Abuse and Neglect
NYC is the most populous city in the nation and the financial capital of the world. As the historic gateway through which most legal immigrants have migrated and continue to migrate into the country, it is also home to an incredibly diverse population.
Immigrants make up a significant portion of the city's senior population, where over one million residents aged sixty-five or older, and 463,000 are immigrants. Many aging immigrants have only half the income of American-born seniors and are twice as likely to be ineligible for Social Security benefits.
The children and other relatives support many immigrant caregiving patients who have the right to demand accountability when negligent care results in an injury or death. Nursing care is costly, and the staff are paid to treat every resident with respect and dignity.
While federal and state laws exist to protect nursing home residents, some facility operators disregard the law while pursuing profits and remaining understaffed or staffed with low-paid, medically untrained nurses and nursing assistants. The practice of putting profits first places all elders at risk.
Sadly, NY State nursing homes are not an exception to this national trend. An investigation by the Centers for Medicare and Medicaid Services found that 195 (almost one-third) of the state's 619 nursing homes had serious violations and deficiencies that led to substandard care.
According to a comprehensive Nursing Home Resident Abuse and Complaint Investigation Report published by the state Department of Health, the department investigated 12,343 allegations against NY nursing homes in 2016, an eight percent increase from the year before.
Of those cases, 11,217 (ninety-one percent) alleged violations of federal or state regulation by the provider, and 1,126 (nine percent) alleged resident abuse and neglect by an individual.
You do not want someone they love to become part of any of these statistics. The NY senior home abuse and neglect attorneys of Nursing Home Law Center LLC are committed to ensuring that all seniors are treated with dignity and respect regardless of their history or way of life.
Was someone you love abused, neglected, mistreated, or did they die unexpectedly at a NY nursing center? Contact the Nursing Home Law Center to discuss your claim for compensation during a free case evaluation.
Federal Laws Governing Nursing Home Care
Decades ago, the US Congress enacted several laws designed to protect vulnerable elderly patients, which apply to all long-term care facilities in the United States.
- In 1987, the US Congress passed the Nursing Home Reform Act, establishing nursing home residents' basic standards that promote their physical, psychological, and social well-being, which outlined fundamental rights.
These include, among others, the right to be free from abuse and neglect; to be granted privacy; to be treated with dignity, and to make individual decisions.
- The Long-Term Care Ombudsman program created a network of advocates for nursing home residents in each state who investigate and attempt to resolve specific complaints involving abuse, neglect, or exploitation of a resident.
NY Laws Designed To Protect Patients from Negligent Nursing Home Care
Several state laws govern nursing home care in the state:
- The Adult Protective Services chapter of the Social Services Law (§473) provides protective services for physically or mentally "impaired" adults at risk for abuse. The law allows the investigation of complaints, arranging for medical or psychiatric intervention, removing adults from an unsafe situation, arranging protective placement if necessary, and pursuing judicial remedies.
- The law contains the following definitions of elder abuse and neglect:
- Physical abuse: Non-accidental use of force that results in bodily injury, pain, or impairment, including but not limited to being slapped, burned, cut, bruised, or improperly restrained
- Sexual abuse: Non-consensual contact of any kind, including but not limited to forcing sexual contact or forcing non-physical sexual activities
- Emotional abuse: The willful infliction of mental or emotional anguish by threat, humiliation, intimidation, or other abusive conduct, including but not limited to frightening or intimidating an adult
- Active neglect: Willful failure by the nursing staff to fulfill the caretaking function and responsibilities assumed by the nurses and nursing assistants, including but not limited to abandonment, willful deprivation of food, water, heat, clean clothing and bedding, eyeglasses or dentures, or health-related services
- Passive neglect: Non-willful failure of the staff to fulfill caretaking functions and responsibilities assumed by the nursing staff, including but not limited to abandonment or denial of food or health-related services because of inadequate nursing knowledge, infirmity, or disputing the value of prescribed services
- The Patient Abuse Reporting Law (Public Health Law §2803-d) was enacted in 1977 to protect persons living in nursing homes from abuse and neglect.
- The law requires every nursing home employee—including administrators, operators, and all licensed professionals whether employed directly by the nursing home. Witnesses must report alleged abuse and neglect to the state health department and provide sanctions against individuals found guilty of heinous acts and anyone required to report but fail to do so.
The NY State Department of Health investigates complaints and incidents for nursing homes in New York related to state and federal regulatory violations.
New York nursing facilities must also post the state's residents' bill of rights in an accessible location in the facility and inform newly admitted residents of these rights.
If you believe the caregivers violated any protective state and federal laws, take action immediately and consult a NY nursing home neglect lawyer now. Nursing home administrators tend to downplay suspicions of abuse and dismiss families' concerns as overreacting.
Trust your gut instinct if you feel someone you love has been harmed. Your fears might be recognizing a likely hidden pattern of abuse or neglect.
NY Senior Home Abuse Lawyers Serve Victims of Bed Sores, Falls, and Medication Errors
Each elderly care facility must always provide every patient with a professional level of care, and any deviation from the standard could result in numerous health hazards.
The growing demand for ready to hire qualified nurses and nurses' aides can be challenging for local nursing care businesses. Consequently, many administrators are forced to hire unskilled and untrained staff, placing residents' welfare at risk.
As a result, the patient's quality of life is often diminished, and their risk of developing severe health complications rises.
The following detail preventable consequences of neglect in nursing homes, which might cause potentially life-threatening injury:
- Pressure sores. Physically disabled or immobile patients in nursing homes might be prone to developing pressure wounds (pressure wounds, pressure ulcers, decubitus ulcers) on any area where the patient's weight presses on a mattress or wheelchair seat, restricting blood flow.
A store can develop quickly and rapidly decline to a painful open wound, exposing the wound to bacteria that can infect vital organs. In some situations, the complications related to decubitus sores might be fatal.
- Pressure Wounds can develop when nursing staff members were not attending to the resident's needs. Nearly all pressure wounds are preventable with proper training, and most cases can be traced to staff negligence.
A comprehensive discussion of settlements and verdicts obtained in NY bed sore lawsuits can be found here.
- Falls. Elderly patients are at risk of sustaining life-threatening injuries from falling during the aging process, where medical conditions might aggravate the injury, affecting bone density, motor function, or balance.
Falls are the leading cause of death among patients over sixty-five. Elderly care facility residents are at greater risk for falls than are older adults living on their own.
Nursing staff members must not compound the risk of negligence by disregarding patient safety. Any lack of adequate supervision, environmental hazards, and failure to properly assist a patient or transfer from a bed or wheelchair could cause life-threatening falls.
Mobility-challenged patients relying on staff or assistance are most often dropped during routine transfers. This issue often involves overworked or poorly trained staff not following safety protocol.
Patients might sustain bone fractures, brain damage, or other internal injuries from a fall. Our nursing home negligence lawyers have found that these injuries can impair the victims' quality of life in their final years.
- Medication errors. Doctors often prescribe additional medications to the elderly, raising the chances of experiencing an adverse drug interaction or being injured by a medication error. Their nursing staff might administer medications at the wrong times or frequency, or their doctor might prescribe drugs without verifying their safety.
While the resulting injuries are usually not serious, some patients can suffer catastrophic harm simply because those responsible for their care failed to do their due diligence. There should be a multi-layered system in place to prevent these errors.
Our nursing home injury lawyers examine the chain of responsibility to determine where things went wrong and which parties along the way failed to prevent the wrong medication or dose from being administered to the patient.
- Deliberate abuse. The elderly are easy targets for abuse due to their dependency, vulnerability, or incapacity to fight back. Their abusive predator might be a fellow resident, outside visitor, or the staff paid to protect their well-being.
Many victims remain silent out of shame or fear, making a crucial for the staff, family, and friends to recognize the signs of abuse for the victim's protection.
According to a 2010 national study reported by NCEA, more than half of nursing home staff surveyed admitted to having inflicted physical violence, mental abuse, or neglect on patients, with neglect accounting for two-thirds of those incidents. Staff members physically assaulting the resident was the most common complaint, followed by resident-on-resident and psychological abuse incidents.
If someone you love has suffered any of these forms of abuse or neglect, the NY legal team at Nursing Home Law Center LLC is committed to protecting their legal rights and holding facilities accountable.
We have years of experience and can help you recover damages for medical care associated with the injury, pain caused by the injury, or death if a patient dies from related complications. Contact our office for a free review of your case. Let us advise you of your legal options.
Pursuing a Preventable Death Action for Elder Home Abuse in NY
Preventable death from an infected pressure sore, fall, or other negligent action occurred when the staff failed to provide the care the resident deserves. Neglected victims are often vulnerable and cannot complain to anyone about the improper healthcare they receive.
In many cases, the patient suffers severe pain and discomfort before their demise. No patient should ever die from a preventable injury.
Family survivors could take legal action when negligence is involved, including filing a preventable death lawsuit against the responsible facility. A successful lawsuit often results in a monetary award at trial or settlement out of court.
Do you believe someone you love died due to the negligent acts of NY State nursing home staff? If so, contact the attorneys at the Nursing Home Law Center today for a free case review.
Spot Signs of Senior Home Abuse and Neglect
The signs of abuse and neglect are not always readily apparent. The concerning lapses in the facility's preventative measures could lead to identifiable neglect or abuse. However, it is often the senior home's subtle indicators that someone you love is being maltreated.
New York caregiving residents and their families should learn to identify the top indicators of abuse so they can promptly report issues and get legal help.
Potential red flags that indicate mistreatment involves:
- Behavioral changes such as outbursts of anger, depression, or emotional withdrawal
- Unexplained weight loss caused by malnutrition or symptoms of dehydration such as dark urine, confusion, lightheadedness, and faintness
- Unexplained bruises, scratches, cuts, infections, genital injuries, and other physical wounds
- Fear of the staff or other residents might manifest by remaining silent in their presence or changes in behavior that occur immediately following their arrival or departure
- Poorly kept surroundings, including unclean living space and soiled or unchanged bedding or clothing
- Missing or stolen belongings
Nursing Home Law Center LLC has helped victims of elder home abuse and neglect across the nation. We are confident that our award-winning NY elder home abuse attorneys can do the same for you.
If you believe that someone you love is being neglected or abused in a NY nursing care facility, contact us today, and we will review your case free of charge so you know what legal options are available and whether you should proceed with a lawsuit.
If we are unable to collect compensation on your behalf, our services will be free.
Nursing Home Abuse Lawyers Throughout New York State Are Available To Protect Your Loved One
Recognizing the warning signs of abuse and mistreatment is the first step in helping your loved one. Get in touch with the nursing home injury lawyers whenever you suspect neglect or abuse.
Victims and families can protect their rights by calling one of our New York State nursing home abuse lawyers now. Our law firm is here to help people throughout the state in these locations:
Did you notice any signs of abuse involving someone you love? Take the first step now to open a personal injury case. Your loved one might be eligible to receive compensation for their injuries.
Allow our New York senior home abuse and neglect lawyers to provide you with the help you need in this difficult time. Contact our law firm today at (888) 424-5757 (toll-free phone call) or through the contact form to schedule a free consultation.
All discussions with our law firm remain confidential through an attorney-client relationship. Our attorneys follow social distancing guidelines to prevent the spread of Covid-19 (coronavirus).
Statutes of Limitations and Damages in New York Nursing Home Negligence Actions
There is a limited time when you can bring a legal action for negligence against an assisted living facility in New York State.
- A person with a cause of action has three years from the event's date to bring a suit for personal injury (NY CPLR §214).
- For wrongful death, the statute of limitations to bring an action is two years from the date of death (NY Est. Powers & Trusts Law §5-4.1).
- Claims for medical malpractice must be brought within two-and-a-half years from the act or omission or from the end of a continuous period of treatment during which the act or omission took place (NY CPLR §214-a).
Damages Paid in New York Nursing Home Negligence Cases
Our nursing home abuse and neglect attorneys compiled data from reported settlements and jury verdicts across New York State to inform you of what your case might be worth in a civil law context. Our legal team currently represents clients in N.Y.C., Brooklyn, Long Island, Manhattan, Nassau, Queens, Staten Island, Suffolk, The Bronx, and Westchester.
We have broken down these case valuations according to case type and patient injury. Learn more about these nursing home lawsuits below:
- NY nursing home medication error case valuations
- NY nursing home inadequate care case valuations
- NY nursing home abuse case valuations
- NY nursing home pressure sore case valuations
- NY nursing home fall case valuations
New York State Resources
- Adult Protective Services
- Office for the Aging
- Dept. of Health, Nursing Home Information
- NY State Coalition on Elder Abuse
- Long Term Care Ombudsman