Placing a loved one in a nursing home is one of the hardest decisions some of us will ever have to make. But when you entrust your loved one’s care to a facility that does not prioritize their safety, health, and well-being, you deserve justice. And our Brooklyn nursing home abuse attorneys can help.
If your loved one faced mistreatment while staying at a nursing home, you may be entitled to compensation through a nursing home abuse lawsuit. The team of elder care attorneys at Dansker & Aspromonte is dedicated to helping victims and their families get the compensation they are entitled to.
Elder Abuse Cases Our Brooklyn Attorneys Handle
Nursing home abuse often leads to permanent injuries and, unfortunately, wrongful death. The National Council on Aging’s (NCOA) elder abuse facts report that one in 10 Americans over 60 have experienced some form of abuse, but only one in every 24 cases gets reported.
Our decades of serving Brooklyn have allowed our legal experts to gain hands-on experience representing nursing home abuse clients. The most common cases we handle include:
- Failure to prevent bedsores or pressure ulcers
- Failure to properly supervise residents
- Failure to provide healthy and appropriate nutrition
- Failure to administer correct medication to residents
- Emotional, financial, and physical abuse
If you are unsure if the mistreatment at a nursing facility warrants legal action, schedule a free consultation with our law firm. Our attorneys will review your claim, assess the injuries, and determine the best steps to take next.
For a free legal consultation with a nursing home abuse lawyer serving Brooklyn, call (212) 732-2929
How We Prove Negligence in Nursing Home Abuse Claims
When our elder care lawyers take on an abuse case, we collect evidence to establish a link between the victim’s injuries and the facility’s negligent actions.
To strengthen your case and support your claim, our attorneys collect evidence from health care professionals, nursing home employees, health inspectors, and witnesses (like other residents). We use this evidence to establish:
- Duty of care
- Breach of duty of care
A nursing facility has an obligation to provide reasonable care to all residents. First, our attorneys demonstrate how the staff acted in a way that prevented the resident from receiving adequate attention. Then we prove how the breach of duty resulted in the victim’s injuries and caused economic and non-economic damages.
We Take Measures to Get the Recovery You Deserve
Some of the steps we can take to pursue compensation for nursing home abuse victims include:
- Obtaining a complete set of nursing home records and documents
- Consulting with medical professionals to learn more about the victim’s health
- Visiting the nursing home to assess its living conditions
- Interviewing the abuse victim and other residents
- Calculating the cost of the victim’s economic and non-economic damages
- Taking the case to court if the nursing home fails to offer fair compensation
We keep you informed throughout our litigation process. Our transparency and dedication make our clients feel confident in our ability to handle their claims and fight for the financial recovery their injuries merit.
Brooklyn Nursing Home Abuse Lawyer Near Me (212) 732-2929
Damages You May Be Entitled to Recover in a Brooklyn Nursing Home Abuse Case
Our elder care abuse attorneys perform a thorough investigation to determine the full extent of your loved one’s suffering. We recognize that some victims may have cognitive disabilities that prevent them from explaining the nature of their pain, and we do our best to fight for justice on their behalf.
When our nursing home attorneys take legal action, we fight to recover for every type of damage you or your loved one suffered. This may include the following types of damages:
- Pain and suffering for all physical and emotional injuries
- Mental anguish
- Loss of quality of life
- Medical expenses
- Relocation costs
- Punitive damages (if the liable party inflicted intentional abuse)
- Burial and funeral costs (if the abuse resulted in wrongful death)
Nursing Home Abuse vs. Nursing Home Neglect
Nursing home abuse and nursing home neglect stem from different factors. But no matter what type of mistreatment your loved one endured, they deserve a fair and reasonable financial recovery for their injuries.
Abuse can be physical, sexual, financial, or psychological. Neglect occurs when a staff or nursing home fails to provide adequate care to residents. Most liable parties in an abuse claim are nursing home staff, while negligence stems from staff or the nursing home facility itself.
For example, nursing home neglect may occur when an overworked staff lacks the resources to provide sufficient care. An example of nursing home abuse, on the other hand, is a caretaker applying more force than necessary to a resident with dementia in an effort to restrain them.
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New York Nursing Homes Must Meet Reasonable Standards
Every nursing home resident has rights that the facility must respect. The New York Department of Health outlines the rights and protections a nursing home resident has when placed into a care facility. They include:
- The freedom to make well-informed decisions regarding their health
- Being free from emotional and physical restraints
- The right to safeguard money and personal belongings
- Receiving written notifications about the services the facility provides
Any breach of this standard can result in malpractice, abuse, and neglect claims.
Take Action to Stop Nursing Home Abuse
Due to cognitive disabilities that accompany aging, abuse victims may not be aware of their mistreatment. Therefore, it’s up to you to recognize the signs of elder abuse and speak up when you observe something that is not right.
Common warning signs of nursing home abuse include:
- Unexplained injuries
- Sudden weight loss and appetite changes
- Dramatic mood swings
- Behavioral issues
- Fatigue and lethargy
- Frequent infections (like bedsores)
- Unsanitary clothes, bedding, and personal hygiene
If you are worried about your loved one, take action. Document (through photos, video, or writing) things that seem out-of-the-ordinary, and record the dates to piece together an accurate timeline. Ask your loved one, other residents, or visitors if they have noticed alarming behaviors as well. The sooner you take action, the faster we can put an end to the abuse and hold the facility accountable.
Call Our Brooklyn Nursing Home Abuse Attorneys for a Free Case Review
If you or your loved one has suffered injuries in a nursing home, we encourage you to act quickly. The sooner you consult an experienced and dedicated lawyer at Dansker & Aspromonte Associates, the sooner we can conduct a full investigation, gather and preserve evidence and ensure that your claim is filed in a timely manner.
If you fail to file your claim by the deadline, you may be prevented from recovering the compensation you deserve.Contact us now to schedule your free case review. The Brooklyn nursing home abuse lawyers at Dansker & Aspromonte Associates are ready to work on your case and pursue the settlement you deserve.
Call us at (212) 732-2929. If we agree to accept your case you will not be required to pay any money upfront. We only earn a fee when you recover compensation.