legal resources necessary to hold negligent facilities accountable.
Yonkers Nursing Home Abuse Lawyer
As the country’s population ages, the number of senior citizens living in nursing centers is expected to increase. The Yonkers experienced nursing home abuse attorneys at Nursing Home Law Center, LLC, have witnessed a rise in the number of cases involving abuse and neglect in nursing homes in Yonkers, New York.
Have you or your loved one been abused or neglected at a nursing home? If so, contact our affiliate New York personal injury attorneys at the Nursing Home Law Center, LLC, and talk directly with one of our affiliate attorneys.
We help many victims of personal injury and gross negligence who have suffered at the hands of those in charge of providing proper care. Call our Yonkers nursing home abuse lawyers at (800) 926-7565 (toll-free phone number) for immediate legal advice.
All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.The Difference Between Nursing Home Abuse and Neglect
While abuse and neglect are both awful forms of nursing home mistreatment of their residents, they have their differences.
It is abusive if a caregiver intentionally harms a patient or acts to result in personal injury or severe aggravation of preexisting medical conditions. Abuse can be physical, emotional, or even financial harm.
Neglect is a type of abuse and can be either passive or active, depending on caregiver intent. However, it is usually characterized by a lack of action to fulfill certain obligations to provide proper care to the nursing home residents.
Neglect can be an unintentional failure by the staff member if they are overwhelmed or undertrained, such as ignoring calls for assistance or failing to maintain the patient’s hygiene, or it can be an intentional lack of care and provision of basic needs.
Do you suspect your loved one is the victim of Yonkers nursing home abuse or neglect? Call and report it to the authorities, make sure your loved one is safe, and contact a Yonkers nursing home abuse lawyer in New York as soon as possible.Neglect in Nursing Homes
Nursing home neglect cases commonly address a pattern of abuse or other sub-standard care by the staff at Yonkers nursing facilities. These cases are rarely one-of-a-kind incidents. They often involve long-term negligence.
Some typical forms include failing with:
Some residents may need help with their basic needs, such as feeding, drinking, and moving around.
When there are not enough quality caregivers, the staff at nursing homes might fail to:
- Provide the necessary amounts of food or water
- Check on the resident's health and well-being
- Follow up on complaints and symptoms
- Provide a clean and safe environment within the nursing facility.
When nursing homes fail to provide adequate assistance with hygiene, such as:
- Brushing teeth
- Bathing regularly
- Do laundry
- Combing hair
- Failing to provide hygiene products
Social Exclusion and Forced Isolation
Social exclusion in nursing homes can happen when:
- A patient is prevented from seeing other residents
- A resident is prevented from participating in social activities
- A patient is prevented from having contact with their family
- Forcing the patient to stay in their room for long periods, ranging from days to weeks or even months.
- Ignoring the elderly individual, leaving them alone, or yelling at them.
- Leaving a resident alone for a long time, whether in a common area, their room, or even a public place.
Lack of Medical Care
Failing to address or prevent medical concerns which can lead to serious personal injury or even wrongful death, or allowing for an environment that presents a risk factor for:
- Medication errors
- Untreated infections
- Repeated falls
- Unsanitary or unclean living conditions; soiled bedding or clothing
- Wrongful death
Yonkers nursing home abuse can significantly harm the welfare, safety and health of your loved one through various means, including:
Types of Abuse in Nursing Homes
- Physical abuse: the use of unnecessary force to inflict pain or a personal injury, including restrains or chemical abuse with medication or drugs that are not needed, which can lead to wrongful death.
- Emotional abuse can range from ignoring the individual to intimidation and threats.
- Sexual abuse: any type of non-consensual sexual act.
- Financial Exploitation includes the unauthorized taking of money, misuse of funds, or the assets of residents.
- Healthcare Fraud: unethical doctors and personnel of the nursing homes can carry out this type of abuse. It can include charging for care not given, overcharging for non-existent medical conditions, wrongful Medicaid services reimbursements, or recommending fraudulent treatments for illness.
Behavioral Changes that May Indicate Abuse in Nursing Homes
- Withdrawal from social interactions or refusal to speak
- Emotional outbursts
- If the resident appears reluctant to speak in the caregiver’s presence
- Fearful behavior
- Refusal to see family members or close friends
- Withdrawal from a social support system
If you notice any of these signs, your priority will be to ensure your family member's safety.
Additionally, a specialized Yonkers nursing home abuse lawyer can help you ensure that your loved one is in a safe place, always taking note of the reviews the nursing center received, and they will allow you to apply the law to pursue justice on their behalf, for their personal injury claim.Red Flags to Look Out For in Nursing Homes
- High patient-to-staff ratio
- High rate of staff turnover
- Lack of proper staff training
- Lack of abuse prevention policies and procedures
- Check for the rating the nursing center received
Reporting these dangerous situations in nursing homes is essential, as it may save your loved one’s life.
The New York State Department of Health is responsible for accepting, reviewing, and investigating allegations of abuse and neglect in a nursing center. File a formal complaint with the State of New York Department of Health so that they can inquire about the responsible nursing homes.
Finally, your family should not hesitate to consult with a nursing home abuse attorney. An experienced New York nursing home abuse lawyer will be able to answer questions about your case and the law and help you take action to get justice and accountability for your loved one’s personal injury.Medical Malpractice Claim or Nursing Home Abuse and Neglect Case?
Determining whether to pursue valid medical malpractice or nursing home claim – or both – can be tricky since it is common for a nursing center's abuse and medical malpractice claims to overlap.
To determine what is best for your situation, you should select a New York personal injury attorney familiar with both types of claims.Common Damages in a Yonkers NY Abuse Case in Nursing Homes
Nursing homes are essential in the lives of residents and their loved ones. However, the increasing personal injury claims and issues with the nursing home staff have been overwhelming. Therefore, when you contact our affiliate New York attorneys, they will explain to you what are the common damages one can get after filing a claim against nursing homes for abuse:
- Medical care and related expenses, when physical injuries occur
- The cost of therapy and counseling
- Repayment of any stolen money or other assets
- Damages to physical pain and emotional suffering
- Burial costs, in case of wrongful death
- Mental anguish
- Other emotional losses
Do you suspect your loved one is suffering abuse or negligence in a New York state nursing facility? Do not hesitate to remove your loved one from that place. Let a skilled Yonkers nursing home abuse lawyer help you take on the nursing facility and use the law on your behalf.Nursing Home Liability
In cases where nursing home residents suffer from abuse and neglect due to the negligence of the nursing home staff, the nursing home can be held liable for the injuries.
Evidence For Your Personal Injury and Abuse Claim
To successfully win your lawsuit against the nursing home, you will need to prove the necessary elements of your case, such as:
- You must show that the defendant owed you a duty of care for your safety
- You will need to prove that the nursing home or others in question breached a duty of care to the residents: you need to show that they did something they should not have done or failed to do something they should have done.
- You must prove that the nursing home resident suffered some kind of harm due to the breach of duty.
As evidence, you can use:
- Medical records and bills
- Pictures of the injuries can be beneficial
- Witnesses can be very helpful in proving your loved one’s personal injury case against a New York, NY, nursing facility.
- Diaries or journals can document what you were experiencing before, during or after the abusive event
Is your family member experiencing injury or pain caused by negligence or physical or emotional abuse at the nursing facility? Take immediate legal action for your loved one, and call our lawyers to schedule a free consultation.
Our affiliate lawyers can assist you in understanding your rights and seeking compensation for your damages against nursing homes.
Call us at (800) 926-7565 to arrange a free consultation with a Yonkers nursing home abuse lawyer at the Nursing Home Law Center, LLC. We will review your case and discuss what we can do for you to ensure maximum compensation.
We serve clients throughout the state, including those living in the Yonkers area, Putnam County and Westchester County. All information you share with a Yonkers 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.