legal resources necessary to hold negligent facilities accountable.
Information on New York Nursing Home Abuse & Neglect Lawsuit Case Values
One of the great tragedies in New York is the way that our elderly population is treated. Nursing home lawsuits are one of the only ways that we can fight back against this injustice and Nursing Home Law News makes sure that our clients get the kind of awards and settlements they deserve.
Why do we work so hard for this?
Because residents need it!
Nursing home verdicts can fill the void caused by unspeakable pain, injury, disability, expenses, and other kinds of damages. Generally, the sorts of accidents that create the worst injuries are pressures sores, abuse, falls, deficient care, and medical malpractice.
Yet, the kind of misconduct that causes your nursing home injury might be totally different. What is important to remember is that if you get hurt, we will be here to make sure you get the nursing home verdict that you need to move on!
Our law firm is tirelessly committed to representing injured nursing home residents and their families. To make sure that you get the nursing home verdict that you deserve, we refuse to work with care facilities, physicians, or similar parties that would stop us from achieving that.How Can I Tell if my New York Nursing Home Lawsuit Will get as Much as Others Have?
In the pages that follow this section, we summarize some New York nursing home cases that are reflective of typical causes of action. They are categorized by the kind of injury that the resident sustained such as falls, bed sores, abuse, medical error, and inadequate care.
If you were hurt while living at a nursing care facility, then you might see similar stories in this selection. When you look them over, try and compare them to how you were injured and the damages that you sustained. Then, see how they translated their claims into success in court or settlement.
When you’re making this comparison, think about these things to better evaluate your chances:
- How was the victim injured?
- What kind of costs did the victim incur (such as medical bills)?
- Did the victim have health problems before the incident?
- Did the nursing home breach a specific New York law or rule in treating the victim?
- Does the nursing home have citations for past mistakes in treating residents?
- Was the victim unable to enjoy life or do things he or she used to before the incident?
- Does the nursing home have an insurance policy for this type of incident?
We can sit down with you for a no-cost, no-hassle consultation and screening to figure out if you have a case. Then, we can go about securing the recovery that you deserve and at no upfront cost because we can work for you on contingency.
The National Council on Aging reports that about one in ten adults over 60 suffer some type of abuse or neglect each year, and the vast majority of elder abuse incidents go unreported.
In New York, a recent study shows an even worse ratio: one in five nursing home residents are the victims of some form of abuse. During the study, hundreds of cases of various types of mistreatment were reported. The expanding elderly population puts added pressure on an already weakened system.Types of Nursing Home Abuse and Neglect Found in New York Nursing Homes
Nursing home abuse and neglect come in many forms. The Buffalo News reports that the state of New York fails in that they allow negligent nursing homes and their owners to continue despite low ratings and reports of poor conditions.
- Physical Abuse
Any form of intentional physical assault can cause severe damages and lead to criminal prosecution in addition to civil penalties.
- Sexual Abuse
This applies to sexual abuse of any kind including unwelcome touching, sexual battery, rape, or forcing a resident to view pornographic material. Recent allegations show that sexual abuse of patients of all ages is pervasive throughout New York nursing homes and hospitals.
- Medication Errors
Caregivers must adhere to prescribing doctor’s orders regarding patient medication schedules and dosing. Any errors may cause serious illness or even death.
If nursing home staff fail to properly reposition patients confined to bedrest or wheelchair use, they may develop pressure ulcers.
- Repeat Falling Injuries
If a resident suffers several falling injuries, this is an indication the nursing home failed to address his or her individual fall risk.
- Wrongful Death
The sudden death of a loved one demands immediate investigation.
Unfortunately, New York state law does not enforce any mandatory reporting laws for notifying the authorities of elder abuse; all reports are voluntary. However, it is crucial for anyone who witnesses nursing home abuse or neglect to report it immediately to Adult Protective Services. Some common signs of nursing home abuse and neglect include:
- Unexplained injuries. Investigate the appearance of bruises, cuts, scrapes, or fractures whenever you notice them.
- Sudden changes in behavior. If your loved one appears depressed or withdrawn, he or she may be suffering abuse or neglect on a regular basis and feel scared to ask for help.
- Repeated similar injuries. If your loved one has had several falls or suffered several similar injuries, the nursing home has not taken appropriate measures to ensure your loved one’s health and safety.
- Sudden diagnosis of a sexually transmitted infection. This is the most common indicator of sexual abuse.
There are several potential damages involved in any nursing home abuse or neglect lawsuit. Plaintiffs can secure compensation for economic damages like increased medical expenses and lost income from time spent out of work and caring for an abused or neglected loved one.
Plaintiffs also usually secure non-economic damages like the pain and suffering of the victim and his or her family. Various factors can influence non-economic damages and the subsequent recovery, including:
- The age and overall health of the victim.
- The involvement of the family in the victim’s daily life.
- The conduct of the nursing home, especially in terms of hiring and background check policies.
- The severity of the abuse or neglect. Intentional torts may lead to criminal prosecution and punitive damages in addition to civil penalties.
A few examples of different values for different types of nursing home abuse and neglect claims include:
- Bedsore Settlements
- Fall Settlements
- Inadequate Care Settlements
- Medical Error Settlements
- Nursing Home Abuse Settlements
If you believe your elderly loved one suffered abuse or neglect at a New York nursing home, it is essential to report the issue to the appropriate authorities immediately and ensure your loved one’s removal from the dangerous situation. Next, contact us as soon as possible to discuss your options for legal recourse and the potential compensation available in your claim.