Placing an elderly loved one into a nursing home is one of the hardest decisions some of us will ever have to make. To entrust your loved one’s care to a facility that does not prioritize their safety, health, and well-being can have severe implications on their quality of life. In fact, according to the National Council on Aging (NCOA), seniors who have suffered abuse are at a 300% elevated risk of premature death when compared to those who do not.
New York nursing home residents are protected under both federal and state laws that make nursing homes both civilly and criminally responsible if they fail to uphold the standard of care.
If your loved one has faced mistreatment while staying at a nursing home, you may be entitled to compensation through a lawsuit or out-of-court settlement. The Brooklyn nursing home abuse lawyers at Dansker & Aspromonte Associates are dedicated to helping victims and their families get the compensation they need. We provide a free and confidential consultation to discuss your individual circumstances and show you how we can help.
Contact Dansker & Aspromonte Associates today at (212) 732-2929 for a free consultation.
Some Examples of Nursing Home Abuse or Neglect:
-Failure to prevent bedsores or pressure ulcers
-Failure to properly watch the resident to prevent falls
-Failure to provide healthy and appropriate nutrition (food)
-Failure to ensure that the resident receives their medication
-Physical, emotional or financial mistreatment
Recoverable Damages in a Nursing Home Abuse Case
If your case is successful, your loved one or their family may be able to recover substantial compensation for pain and suffering, mental anguish and loss of quality of life associated with the injuries they sustained. The skillful and experienced lawyers at Dansker & Aspromonte Associates will ensure that a thorough investigation will take place to determine the full extent of your loved one’s suffering even if that person has dementia or cannot fully explain the nature of their pain in their own words.
Your loved one may also be entitled to recover financial or economic damages related to nursing home neglect or abuse.
These can include:
- Medical bills
- The cost of any stolen items
- Various end-of-life costs
- Mental health counseling
- Funeral and burial expenses
- The cost of relocating to another care facility
These expenses can include:
- Loss of consortium
- Pain and suffering
- Emotional trauma
- Impaired quality of life
This is not meant to be an exhaustive list. When you call Dansker & Aspromonte Associates, we can explain in more detail what compensation in your situation may look like.
Determining What Constitutes Nursing Home Abuse and Neglect
Abuse and neglect in nursing homes can stem from a variety of factors. Sometimes, the staff is overworked and does not have the resources they need to provide sufficient care. In other situations, caretakers may apply more force than necessary to residents who have dementia or other cognitive impairments.
Abuse can take many forms, including:
- Physical abuse, which involves assault, hitting, or forcefully restraining a resident
- Sexual abuse, including unwelcome touching, sexual battery, or rape
- Psychological abuse, which can involve making belittling and demeaning remarks to residents
- Financial abuse, which is illegally taking or coercing money from residents
Neglecting patients’ needs and failing to provide adequate care can lead to:
- Delayed diagnosis of serious conditions
- Medication errors
- Bedsores from not being repositioned or bathed properly
- Falling injuries from improper handling or risk assessment
If you notice any signs of abuse or neglect at a New York nursing home, your first priority should be your loved one’s safety. After you have taken measures to ensure their well-being, you have a variety of options. A team member from Dansker & Aspromonte Associates can explain what they are when you call (212) 732-2929.
Nursing Home Residents Have Rights That Facilities Must Uphold
Your nursing home abuse case will ultimately rest on the ability to prove negligence on the part of the care facility and its employees. According to the Western Journal of Emergency Medicine and general principles of law applicable in New York State, medical professionals are required to administer care reasonably expected of another caregiver in the same situation. Any breach of this standard can result in malpractice, abuse, and neglect claims.
The New York Department of Health outlines what rights and protections nursing home residents have when they are placed into a care facility.
These rights include:
- The freedom to make well-informed decisions regarding one’s health
- Being free from emotional and physical restraints
- Confidentiality in certain health care situations
- The right to safeguard money and personal belongings
- Being informed in writing about the services the nursing home provides
- Being free from various forms of abuse
The goal of your Brooklyn nursing home abuse lawyer is to prove that because of the nursing home’s negligence, your loved one has suffered both economic and noneconomic losses. Regardless of the type of abuse or neglect your loved one suffered, Dansker & Aspromonte Associates wants to get started on your case today.
After your free initial case review, we can investigate the circumstances of your loved one’s treatment and, from there, help you make decisions regarding the legal process. Get started today.
Call Dansker & Aspromonte Associates for a Free Case Review
The Brooklyn nursing home abuse lawyers at Dansker & Aspromonte Associates are ready to get started on your case today.
Some of the steps we can take to pursue compensation for your loved one include:
- Obtaining a complete set of nursing home records and documentation
- Consulting with a medical professional to learn more about your loved one’s health
- Visiting the nursing home to assess its living conditions
- Interviewing your loved one (if cognitively able) and other residents
- Investigating the details of your loved one’s abuse or neglect
- Calculating the cost of your loved one’s economic and noneconomic damages
- Taking your case to court, if necessary
We encourage you to act quickly, as the state’s statute of limitations may impact your ability to file a lawsuit. Our team works on a contingency fee basis, meaning that you do not owe us any fees unless we are able to successfully resolve your case.
Your loved one does not have to suffer any longer. To get started with a free case review with a member of our team, call Dansker & Aspromonte Associates at (212) 732-2929.