According to the National Council on Aging (NCOA), some warning signs of nursing home abuse include bruises, bedsores, broken bones, cuts, scratches, and unexplained hair loss.
If you suspect that your loved one is suffering from nursing home abuse, you have legal options. You could recover compensation for various expenses, including pain and suffering, medical bills, and other expenses. A New York nursing home abuse lawyer from our firm could help you secure a financial recovery for an array of losses. Your case may be subject to the state’s statute of limitations, so you should consider taking prompt legal action.
Different Types of Nursing Home Abuse
NCOA states that there are many types of nursing home abuse––each of which presents different warning signs. You should not take each form of nursing home abuse lightly. Again, if you suspect that your loved one is unsafe in their nursing home, you should consider moving them to a new facility as soon as possible.
Some forms of nursing home abuse and their warning signs include:
Compared to other types of nursing home abuse, physical abuse may show some of the most outward symptoms.
Some examples may include:
- Pressure marks, which can happen when a resident is forcefully restrained
- Infections from untreated open sores
- Unexplained weight loss, which can happen when a resident is denied food or water
There are other signs of physical abuse that are not listed here. Your loved one has legal rights under the law. They have the right to live in a nursing home free of abuse or neglect. A liable party could be held financially and legally accountable.
When a nursing home resident is humiliated, yelled at, or belittled, this could constitute emotional abuse.
While this typically does not display outward signs as physical abuse does, some warning signs may include:
- Seeming despondent or withdrawn
- Mood swings
- Violent outbursts
- Decreased self-esteem
If you decide to take legal action, you could recover compensation for the cost of your loved one’s mental health counseling. Because some nursing home residents live with dementia or Alzheimer’s disease, they may not articulate some instances of emotional abuse.
Any non-consensual sexual act can constitute sexual abuse. This could include the forced viewing of pornography, rape, touching, or fondling.
Some warning signs could include:
- Bruises in the genital area
- Venereal diseases
- Torn clothing
- Bloodied underwear
- Mental health complications
There are other signs of sexual abuse not included here.
For a free legal consultation, call (212) 732-2929
Financial Recovery Options Available to You and Your Loved One if Your Loved One Was Abused
If you suspect that your loved one is enduring nursing home abuse in their care facility, you have the right to take legal action. You may be able to recover the cost of your loved one’s damages through an insurance claim or lawsuit. A lawyer from our firm can help you do this.
First, we will conduct a careful and thorough investigation of the facts and circumstances of your loved one’s injuries. That investigation will include:
- Obtaining all medical records
- Interviewing witnesses
- Hiring experts
- Demanding sworn statements from nursing home personnel
- Examining any health department incident reporting records among other records
If the investigation reveals that nursing home personnel acted negligently, we will seek a financial recovery for your loved one which is fair and reasonable given the full nature of the injuries sustained.
However, if the nursing home representatives refuse to agree to a fair and reasonable settlement, we will proceed to trial before a jury in Court to pursue justice.
Types of Damages You Can Pursue
If the evidence shows that nursing home personnel were negligent in causing or permitting your loved one to suffer injuries resulting from abuse, the following are the types of damages that may be recovered:
- Pain and suffering
- Your loved one’s medical care
- The cost of moving to a new facility
- Mental anguish
- Mental health counseling
- Impaired quality of life
- Loss of services
If your loved one passed away due to nursing home abuse, then you can also recover compensation for the cost of their funeral, as well as any other related expenses.
The Statute of Limitations on Nursing Home Abuse Claims in New York
Your time to file a claim for negligence is limited. If you fail to file a claim by the deadline, you could be prevented from recovering the compensation you deserve. Call our lawyers to protect your rights today.
Call the Attorneys at Dansker & Aspromonte Associates Today to Learn More
At Dansker & Aspromonte Associates, we understand that you and your loved ones may be going through a difficult time right now. Since 1988, we have been helping injured people and their families pursue compensation for their damages. We have recovered $450 million for our clients, and we are prepared to put our experience to work for you.
To begin a free case review with our legal team, call now. If we agree to accept your case, you will not be required to pay any money upfront. We only earn a legal fee when you recover compensation.