Nursing home abuse and neglect are serious problems that affect the elderly population here in Bronx NY, and all over the country. In many cases, nursing home abuse and neglect result in injury to elderly residents.
These injuries are often the result of federal and New York state violations. A nursing home abuse lawyer Bronx NY experienced in nursing home abuse lawyer can help you fight for compensation for injuries suffered as a result of nursing home abuse and neglect.
There are some common elderly abuse and injuries at nursing homes that a nursing home abuse lawyer Bronx NY tends to see frequently. These injuries fall within five major categories of nursing home abuse: physical abuse, sexual abuse, neglect, emotional, psychological, and financial.
Physical abuse of an old man or woman in nursing homes is the result of direct physical force, which may either come from a caregiver, a nurse, and even a doctor who was reckless or careless in their actions or had the intent to cause harm. Examples and signs of physical abuse include of an old person are:
Sexual abuse of an elderly male or female in a nursing home is one of the hardest forms of nursing home abuse to identify and is often the least reported. Sexual abuse occurs when a person participates in any type of sexual activity without their explicit consent, or without having the ability to consent.
The symptoms of nursing home sexual abuse can be similar to signs and symptoms of physical and emotional abuse. In some cases, a victim suffers from more than one type of abuse. Below are some signs and symptoms of sexual abuse in nursing homes:
If you are concerned that a loved one residing in a nursing home has been the victim of sexual abuse in nursing homes, it is crucial to take action. First, you can report the abuse or neglect to a nursing home abuse hotline. Nursing home abuse reporting is important. Next, you can encourage them to speak with a nursing home abuse lawyer Bronx NY to learn about how they may be entitled to compensation.
Neglect of an elderly person is another common form of nursing home abuse. The main difference between neglect and physical abuse is intent. There are also many symptoms of neglect that are also present in other forms of abuse.
If neglect is the cause of an elderly individual’s nursing home abuse, it does not mean that there is no legal case. Many neglect cases involve negligence on the part of the nursing home facility and the staff. In addition to many similar symptoms with physical abuse, some symptoms and signs of nursing home neglect include the following:
Emotional and psychological abuse of an old man or woman impacts a person’s emotional well-being. Emotional abuse can be challenging to diagnose due to a lack of evidence, especially where there are no accompanying physical symptoms. Some indicators of emotional and psychological abuse include:
There are numerous forms of financial abuse. In some cases, financial abuse is ongoing over a longer period of time, rather than just one instance.
Unfortunately, technological advances occurring at the same time that elders have become more reliant on caregivers and advice of family and friends can contribute to this abuse. Some common forms of financial abuse include fraud, theft, and scams.
It is also important to be vigilant for subtle forms of abuse, such as convincing an elderly individual over time to change their will. Below are some signs to watch for that may indicate financial abuse:
If you suspect that a nursing home resident is being taken advantage of financially, you may want to report the incident to a nursing home abuse hotline and help them speak with a nursing home abuse lawyer Bronx NY as soon as possible to learn about their legal rights.
Emotional and psychological abuse of an old man or woman impacts a person’s emotional well-being. Emotional and psychological abuse in a nursing home can be challenging to diagnose due to a lack of evidence, especially where there are no accompanying physical symptoms. Some indicators of emotional and psychological abuse include:
There are multiple main causes of nursing home abuse and neglect. One such cause is that the nursing home facility is understaffed. When a nursing home is understaffed, there are fewer caregivers around to take care of the residents. This can lead to neglect and abuse.
Another cause of nursing home abuse and neglect is inadequate employee background checks. Some nursing homes fail to do background checks at all for their employees, while others perform inadequate and incomplete background checks. This practice can put a dangerous person in the role of a caregiver, which can cause injury to the residents.
Nursing home abuse and neglect may also occur due to unqualified staff members. Staff members should receive sufficient training in order to adequately perform their job duties. When a caregiver, a doctor, or a nurse does not have sufficient training, accidents occur, and the nursing home should be held responsible.
Other causes of neglect include inadequate cleaning of the nursing home facility and inadequate maintenance of the medical equipment. Failing to properly maintain cleanliness standards and ensure that medical equipment is in proper working order may be negligence.
If you or an elderly person that you know, have reason to believe that any of the above causes contributed to your or a loved one’s nursing home injuries, it is crucial to speak with a nursing home abuse lawyer Bronx NY as soon as possible to learn more about your legal rights.
Yes, the New York State Department of Health does regulate nursing homes. There are guidelines and rules that nursing home facilities operating in the state of New York must follow, pursuant to the New York State Department of Health. The Department of Health aggressively investigates any allegations of abuse, neglect, and other negligent practices going on in New York state nursing homes. The Department takes necessary action when the nursing home abuse reporting allegations are supported by evidence. For more information about the New York State Department of Health and nursing homes, click here.
In 1977, a law called the Patient Abuse Reporting Law was enacted. Under this law, it is required that nursing home employees and all licensed professionals must report any instances of alleged abuse, mistreatment, or neglect to the Department. The law requires that the Department investigate these allegations. Additionally, there are sanctions under this law against individuals who are found guilty of the allegations—as well as against anyone who was required to report but did not do so.
If you have additional questions about the role of the New York State Department of Health and any nursing home abuse or neglect, a nursing home abuse lawyer Bronx NY can help.
You should hire a nursing home abuse lawyer Bronx NY because your lawyer can help you pursue compensation for yourself or for a loved one who was a victim of nursing home abuse. An old man or woman who suffers from nursing home abuse injuries may be entitled to compensation, which can include money for medical bills, pain and suffering, and emotional distress.
In some very serious cases, punitive damages may be awarded for nursing home abuse injuries. Punitive damages are often a large compensation award designed to punish the at-fault party for their wrongdoing.
If you file a nursing home abuse lawsuit, you may be able to obtain compensation for nursing home-related injuries. Your nursing home abuse lawyer Bronx NY will help you navigate the legal issues as they arise throughout the process. After you meet with your attorney and decide to hire them and move forward with your case, it is time to file the case and begin the process of discovery.
During the discovery process, your nursing home abuse lawyer Bronx NY will work to uncover the facts of the case. There may be depositions for you to attend, in which you will testify to the facts of your case under oath.
Your nursing home abuse lawyer Bronx NY will also try to settle your nursing home abuse case before the case goes to trial. Whether or not to accept the settlement that the other side offers is your decision. Your nursing home abuse lawyer Bronx NY can help you evaluate the offer and can advise you if it is fair and reasonable.
If your case does not settle, it will go to trial, typically before a jury. During the trial, you and your nursing home abuse lawyer Bronx NY will present your case and argue the facts in your favor. The nursing home facility will also have an attorney who will have the chance to defend the facility and their actions or inaction.
Nursing home abuse and neglect can cause serious injury and be devastating to both the victim and their loved ones. In cases where the nursing home facility is at-fault for the abuse and neglect that occurred, the victim may be entitled to legal compensation for their injuries. To learn more about your legal rights, contact a nursing home abuse lawyer Bronx NY today at Feiner and Lavy.
The personal injury attorneys at the Bronx NY law firm of Feiner and Lavy have many years of experience successfully handling nursing home and elderly abuse law cases. Our team has a wide range of resources that we have ready and available to help our clients. We strive to give each and every case at our firm the unique attention that it deserves.
At Feiner and Lavy, we have the drive and determination to work hard for the highest compensation and best legal outcomes for our clients.