Information on New York Nursing Home Abuse & Neglect Lawsuit Case Values
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 If your loved one appears depressed or withdrawn, he or she may be suffering abuse or neglect on a regular basis and feel scared to ask for help.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.