When we place our loved ones in nursing homes, we expect the staff members to provide for their needs and protect them from harm. All too often, however, nursing homes and their employees fail to provide for the basic needs of their residents. If your loved one suffered injuries due to nursing home abuse in New York, they may qualify for compensation.
Dansker & Aspromonte Associates passionately advocates for neglected and abused nursing home residents. We understand how difficult it is to learn your loved one has suffered in this way, and we are prepared to help.
Potentially Recoverable Losses in a Nursing Home Abuse Case
If your loved one suffered physical or emotional harm as a result of injuries or illnesses after nursing home abuse in New York, our injury lawyers can help calculate their damages to seek fair compensation. A recovery may apply for both economic and non-economic losses, as well as losses that extend into your loved one’s future.
Potential losses may include:
- Pain and suffering
- Mental anguish
- Loss of quality of life
- Medical expenses, including surgery, emergency room visits, medication, doctor’s visits, and more
- Transportation to and from doctor’s appointments
- The cost of relocating your loved one to another nursing home
If your loved one’s injuries require ongoing care, you may also be able to recover expenses for this. Long-term medical expenses may include:
- Psychological rehabilitation
- Cognitive rehabilitation
- Physical therapy
- Speech therapy
- And more
We take pride in giving our clients the personalized attention they deserve. When we calculate your damages, we will carefully evaluate the full extent of all the harms your loved one experienced. We can also employ a few methods for assigning a monetary value to non-economic losses.
If New York nursing home abuse leads to the loss of your loved one, we can help you seek wrongful death damages. We may be able to do this through an insurance claim or a lawsuit.
Wrongful death damages can help pay for:
- Your loved one’s pain and suffering before their passing
- Your loved one’s medical bills resulting from their abuse-related injuries
- Burial and funeral expenses
- Loss of guidance and support
You and your family deserve to grieve in peace. Let us handle the legal process when coping with your loved one’s loss.
Types of Nursing Home Abuse Cases We Handle
Nursing home abuse can come in many forms, and family members can protect their loved ones by being aware of the ways abuse can happen.
In some instances, aggressive or poor treatment of the residents constitutes physical abuse. These actions can include hitting, beating, burning, or pinching the resident. Physical abuse often leaves tell-tale signs, such as markings, bruises, and scars.
Whether intentional or unintentional, neglect can be just as harmful as outright abuse. Nursing home neglect includes a failure to aid the resident with daily activities like
- Going to the bathroom
- Adjusting the bed-bound resident’s positioning
- Feeding the resident
- Providing water
- Poor nutritional support
A nursing home patient may experience sexual abuse from a caretaker, another resident, or a visitor to the facility. Sexual abuse involves any form of unwanted sexual conduct, including touching and kissing. A resident who struggles with dementia may have difficulty reporting that they have experienced abuse.
Nursing home financial abuse occurs when a caretaker accesses a resident’s personal finances using their personal identification information. If your loved one is missing personal items or cash or you notice a discrepancy in their bank account, financial abuse may be occurring.
Emotional abuse occurs when a caretaker psychologically harms a resident by yelling at them, demeaning them, mocking them, or even teasing them. Emotional abuse can take just as much of a toll on a resident as physical abuse.
If the Nursing Home’s Requirements Are Not Met, You Can Sue for Negligence
By both federal and state law, nursing homes are required to provide their residents with adequate care and protect them from abuse. Some of the requirements nursing homes are obligated to fulfill include:
- Following a resident’s prescribed nutritional plan, which may include cutting food into smaller pieces
- Administering prescribed medications according to doctor’s orders
- Maintaining a safe and clean premise, free from any clutter that could cause a resident to fall
- Assisting the resident with daily activities, such as going to the bathroom, eating, and engaging in recreational activities
- Preventing the resident from wandering off the premises
- Reducing the spread of infection
If a nursing home fails to adhere to these requirements, it puts its residents at risk of suffering injuries and illnesses. Many residents already struggle with medical conditions. Vulnerable nursing home residents cannot afford to suffer any further complications that could worsen an existing injury or illness.
One of the most prevalent factors leading to nursing home neglect in New York is understaffing, according to Health Service Insights. When nursing homes cut corners and fail to hire an adequate number of staff members, there are simply not enough people on hand to properly care for the residents.
This can lead to moving-impaired residents lying in bed for long periods before being adjusted, which can lead to bedsores. It can lead to a fall if a resident attempts to go to the bathroom without the assistance of a caretaker. It can also make it easier for a resident to wander off the premises, as there may not be enough staff members to keep an eye on the entrances and exits.
Understaffing is never an excuse for overworked nursing home caretakers to vent their frustrations on a resident. If a caretaker feels exhausted or frustrated, they may abuse or neglect a resident. If this happened to your loved one, you do not have to let the negligent parties get away with it. We can help you hold them liable.
A Lawyer from Our Firm Can Help You File for Compensation for Your Loved One
At Dansker & Aspromonte Associates, the types of nursing home cases we handle include:
- Nursing home neglect
- Bedsores & pressure sores
- Malnutrition dehydration
- Nursing home falls
- Nursing home physical abuse
- Nursing home restraint injuries
Whatever the cause of your loved one’s nursing home injury, our attorneys will work diligently to pursue fair compensation for their losses and hold the negligent party or parties accountable. When we handle your case, our injury lawyers will:
- Investigate the cause of your loved one’s injuries
- Gather evidence, such as medical documents and testimonies, to hold the nursing home or caretaker liable
- Calculate your losses
- File an insurance claim
- Negotiate with insurers for a fair settlement
- File a lawsuit if necessary
- Abide by any deadlines for taking legal action
- Represent you in a trial
Let Dansker & Aspromonte Associates Handle Your Case
We have a great deal of experience with nursing home negligence and abuse cases, and we welcome your inquiries and questions about these matters. Learn about working with a nursing home negligence and abuse attorney during a free consultation.
Contact us online or call us. If we agree to accept your case, you will not be required to pay us any money upfront. We only earn a legal fee if your loved one recovers compensation.