When you are a resident of a nursing home, you are dependent on the support and care of the facility and its staff. When care is negligent and abusive, weak and frail residents can suffer severe injuries, and some will even die.
If you or a loved one has been injured or a death has occurred as a result of neglect or abuse in a nursing home, you may be entitled to compensation through a nursing home abuse claim or lawsuit. If a victim of elder abuse has died or is too incapacitated, a family member, power of attorney, or executor may bring a lawsuit on their behalf.
Dansker & Aspromonte Associates is dedicated to stopping abuse in nursing homes and helping abused residents and their families get the compensation they deserve. We offer a free case evaluation to review your individual situation and show you how we can help. Contact a Staten Island nursing home abuse lawyer from Dansker & Aspromonte Associates today at (212) 732-2929 for a free consultation.
Signs of Nursing Home Abuse and Neglect
In order to maximize profits, nursing home staff are often inadequate, poorly trained, and overworked, and thus unable to properly care for residents. Such elder neglect can lead to serious situations, including:
- Delayed diagnosis or misdiagnosis of medical conditions
- Failure to test for and treat conditions
- Medication errors
- Failure to properly supervise leading to falls and injuries
- Poor hygiene and skin care leading to bedsores and infections
- Providing poor nutrition
There are also times when abuse is deliberate, malicious, and criminal. Abuse of the elderly may take many forms that include:
- Physical Abuse: assaulting, punching, hitting, pushing or unnecessary restraints
- Sexual Abuse: fondling private parts, sexual battery, or rape
- Psychological Abuse: yelling at or belittling residents
- Financial Abuse: illegally taking money or personal property
How to Recognize Neglect or Abuse in the Elderly
Often, an abuse victim is afraid or unable to speak up and complain about the abuse. Family members need to be alert and ask questions if there are signs of nursing home abuse or neglect that may include:
- Bruises on the body or bedsores
- Broken limbs
- Frequent falls and accidents, resulting in injury
- Issues with cleanliness, housekeeping, or maintenance
- Changes in the resident’s weight, behavior or mental state
- Staff that is insufficient, not responsive in a timely manner, or improperly supervised
- Errors with medication or treatment
- Sexually transmitted diseases
Our nursing home abuse attorneys will look to identify any parties who could be responsible for your loved one’s neglect or abuse, including doctors, nurses, administrators, staff members, the nursing home, and the company that owns it.
How Filing a Nursing Home Claim or Lawsuit Helps
While the laws that protect nursing home residents hold nursing homes and their staff civilly and criminally liable if they fail to uphold the rights and protect the health and safety of their residents, unfortunately, frail nursing home residents are usually unable to file complaints on their own. As a result, that neglect or abuse often continues until someone is alerted to the problem.
Family members who suspect neglect or abuse in a New York nursing home should contact the lawyers at Dansker & Aspromonte Associates immediately. We have decades of experience helping to guide you through the process so that you can protect your loved one and fight to get the monetary compensation you or their family deserves.
We can request that an investigation take place by The New York State Department of Health. Under certain circumstances, they will investigate complaints by visiting the facility, interviewing staff and residents, and reviewing medical records and documents to look for violations. If they find the nursing home violated state and/or federal regulations, the Department of Health will issue a citation, and the nursing home must submit a plan to remedy the situation.
While this investigation is taking place, Dansker & Aspromonte Associates will conduct its own investigation and gather evidence to prepare a claim or lawsuit against the nursing home and its negligent staff members. If we file a claim or lawsuit, we will seek monetary compensation for the victim or their family if they are no longer alive. Call us now at (212) 732-2929 for your free consultation.
Compensation You May Receive in a Nursing Home Abuse Case
If the evidence shows that nursing home staff injured your loved one through either neglect or abuse, New York law requires that the victim or their family receive fair and reasonable monetary compensation for their injuries. Often the nursing home representatives will offer small amounts of compensation even when the proof of negligence is strong. Our attorneys will fight to ensure that the amount we recover is based upon the evidence and not based upon simply what the other side is willing to pay. Our promise to our clients is that we will prepare every case for trial before a jury if necessary. If the other side is not willing to pay a fair and just settlement, we will demand a trial. Once we prove that neglect or abuse has taken place, your loved one may be entitled to receive money damages for 3 distinct areas of harm:
- Pain and suffering for physical injuries or mental anguish and economic damages for monetary losses, which may include increased medical and care expenses, as well as lost wages if family members must be out of work while caring for an abused loved one.
- Unpaid medical bills or out of pocket expenses or economic losses.
- Punitive damages may also be awarded in extreme cases where neglect or abuse was malicious or deliberate.
The amount of compensation you may receive varies greatly according to the individual situation. Factors that would be considered include:
- The severity of the physical injuries sustained and if death occurred as a result
- How the injuries have affected the victim’s ability to enjoy life or perform their daily routine
- Whether the physical injuries are permanent in nature
- What out of pocket medical expenses were sustained as a result of the neglect or abuse
Our Nursing Home Abuse Lawyers Are Ready to Help
If a loved one has been abused or had their rights violated in a nursing home, you may want to get legal advice before the situation becomes worse.
The laws regarding holding someone liable for nursing home abuse and neglect can be complicated, but the process is easier with a nursing home abuse attorney by your side. A Staten Island nursing home abuse lawyer from Dansker & Aspromonte Associates is here to aid in the investigation of what happened, stop the abuse from continuing, and fight to get you the best settlement possible.
Call Dansker & Aspromonte Associates at (212) 732-2929 now for your free, confidential consultation. We serve Manhattan, Staten Island, the Bronx, Queens, Staten Island, and Nassau and Suffolk Counties.