A person who lives in a nursing home is vulnerable to abuse that can take many forms, including neglect of basic hygiene or medical care, improper supervision or physical, sexual, emotional, or financial abuse. Many long-term care facilities do an excellent job of providing a safe, comfortable environment for their residents in adherence with the state’s nursing home resident rights. When a nursing home fails to provide essential care or supervision, or allows abuse to happen, however, someone needs to make them accountable. Some of the types of cases which we handle include:
- Failure to provide basic hygiene and skincare leading to bedsores
- Failure to properly supervise leading to falls and serious injuries
- Failure to provide basic medical care leading to more serious medical problems
- Failure to deliver appropriate and prescribed medication
- Failure to provide essential and healthful nutrition
- Physical, emotional or financial abuse
Even though your mistreated loved one might not be able to fight back, Dansker & Aspromonte Associates works tirelessly to hold people accountable for abusing our aging relatives and close loved ones. A Bronx nursing home abuse lawyer from our team can evaluate the situation and let you know if there are remedies available. If we take your case, we can help you with your claim and lawsuit.
We represent nursing home abuse clients throughout the New York City metropolitan area, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk Counties. We have helped injured New Yorkers since 1988. You can call Dansker & Aspromonte Associates today at (212) 732-2929 for a free consultation.
Potential Defendants in Nursing Home Abuse Lawsuits
There is little privacy or personal space for residents in nursing homes. Medical staff and other employees of the facility can go in and out of a resident’s room at all hours. The victim of the abuse might be asleep or sedated with medication and not know what happened to them. The abuser might tell a dementia patient that she imagined her mistreatment. The victim might fear retaliation too much to speak up about their wrongs.
The nursing home should have policies and protocols in place to ensure that required medical care and supervision has been provided in order to prevent workers from passively or actively harming residents. The more vulnerable the resident, the more protections that should be in place. Facilities have a responsibility to protect residents from neglect or abuse by the staff and employees (as well as others)
- Proper nursing care requires that in order to ensure that certain patients do not develop skin lesions called bedsores or pressure ulcers they must be moved frequently and provided with special mattresses. If your loved one developed a serious bedsore or pressure ulcer this may be a sign of neglect or abuse
- A fall which leads to injury may be a sign that your loved one has not been properly supervised
- If your loved one appears to be losing weight or having multiple medical problems this may be a sign that nursing staff is not providing proper nutrition, medication or general medical care
- The nursing facility and staff can also face liability if they fail to prevent physical, emotional or financial abuse, even if the abuser is someone from the outside visiting the victim.
If you suspect any of the above examples are happening or have happened to your loved one, he or she might be able to take legal action against the nursing facility and the individuals involved in the neglect or abuse.
Types of Abuse That Can Happen in Nursing Homes
Some often perpetrated forms of abuse that residents suffer in nursing homes include:
This kind of abuse can be sexual harassment, unwanted sexual attention, forcible sex, or sexual activity with someone who cannot give legal consent. For example, a person who is in the nursing home after a head trauma that left her in a persistent vegetative state cannot give consent to sexual activity. A person with advanced Alzheimer’s disease might also lack the ability to provide consent due to cognitive impairment.
Our seniors get victimized by thieves who try to steal their life savings or abscond with the odd trinket or some cash. While a resident takes a nap, someone can slip into their room and steal a wallet, credit card, or checkbook.
Crooks can empty bank accounts, run up charges on credit cards, or write themselves checks. A con artist can trick an older adult into signing over the deed to her house or assume her financial identity and take out loans in the senior’s name. Some people try to divert Social Security checks to themselves and steal investment accounts, leaving the elder broke—with no way to replace the money.
It can be difficult or impossible to get money or assets back from the thief, but at Dansker & Aspromonte Associates, our Bronx nursing home abuse lawyers can go after the financial abuser. Call us today at (212) 732-2929, to see how we can help.
Abusive people select vulnerable people as their victims. The abuser might claim that it was “only words,” but a nursing home resident has a right to be free from all forms of mistreatment, including emotional abuse.
Humiliation and harassment count as emotional abuse, as does any conduct that inflicts emotional harm. Threatening a resident or intentionally inflicting emotional pain can be abuse. For example, if a staff member routinely tells a resident that she is ugly, and none of her family loves her, the worker committed emotional abuse.
Saying hateful things about a person’s race, ethnic origin, or religion are examples of emotional abuse. Also, tormenting a person about gender, sexual orientation, or sexual identity can be abusive. Taunting someone about her impairments or medical condition fall within this category, as well.
Any intentional act that causes physical harm can be abuse. The conduct does not have to leave a mark to constitute abuse. For example, if someone slaps a nursing home resident, that is abuse. Shoving, hitting, and other types of unwanted harmful physical contact are examples of abuse.
Some kinds of physical abuse happen without the abuser making direct contact with the victim. Withholding food, water, or medication can be abuse. Refusing to follow basic hygiene or skincare/bedsore prevention protocol can also be abuse.
Getting Help from a Bronx Nursing Home Abuse Lawyer
Dansker & Aspromonte Associates fights hard to get you a just outcome. If we have to take your case to court to get justice, we will do that. Our Bronx nursing home abuse lawyers want to protect your right to a fair recovery for your losses or the losses of your loved one.
You do not have to go through this on your own. Call us today at (212) 732-2929 for a free, no-obligation consultation.