New York Nursing Home Neglect Lawyers

Who Can File a Nursing Home Neglect Lawsuit in New York?

If your loved one was injured or died while in the care of a nursing home facility, they may have been a victim of neglect or abuse. This is something you should discuss with an experienced attorney, as there are many things that factor into a nursing home neglect lawsuit:

• How your loved one was injured – if the incident seems suspicious or it happened while your loved one was alone, it is important to consider your legal options
• Whether the facility where your loved one was staying has a history of abuse – unfortunately, some facilities are consistent offenders
• If there was a significant change in your loved one’s well-being in the days or weeks leading up to the incident in question
• Staffing levels at the nursing home or long-term care facility
• If you have contacted the facility and how they responded to your inquiry about your loved one
• And more

Sometimes accidents happen, but nursing homes are often unsafe because staff members neglect residents and their living conditions. Hiring practices are also a problem, as some of those caring for the elderly have a history of physical abuse.

Types of Nursing Home Abuse and Neglect Cases

There are various forms of abuse and neglect that give rise to nursing home negligence lawsuits. If your loved one was injured by any of the things discussed below, call our New York nursing home neglect lawyers today to set up your free legal consultation.

Neglect

Nursing home neglect means residents are not receiving adequate care, which can cause physical harm and emotional distress.

Common examples of nursing home neglect include:

• Failure to provide adequate medical care, such as failing to provide prescribed medication, delaying treatment or simply ignoring the resident’s health issues
• Neglecting personal hygiene, as many residents need help with bathing, grooming and using the bathroom
• Neglecting hydration and nutritional needs, by not providing enough water or giving the resident an improper diet
• Mobility neglect, which means failing to help residents with getting up out of bed, transferring from a wheelchair or simply moving around in bed to prevent the development of pressure sores

Physical Abuse

Physical abuse is the intentional infliction of physical harm or pain. Examples include hitting, slapping, pushing, or using excessive force. For instance, staff members could be too rough when transferring a resident or they could shove a resident out of frustration.

Physical abuse can cause bruises, fractures or cuts, and can significantly affect a resident’s overall health and well-being. Physical abuse also includes improper use of restraints and force-feeding. Federal and state law give residents the right to live free from physical abuse and improper use of restraints.

Psychological Abuse

Psychological abuse is defined as causing emotional harm to a resident through verbal or non-verbal actions. This abuse includes yelling, threatening, humiliating or intimidating residents, often leading to feelings of fear, anxiety and depression.

Psychological abuse could also include isolating residents from social activities, ignoring them, or manipulating their emotions. This can cause long-term emotional distress and decreased well-being. This violates residents’ rights to be treated with dignity and respect.  

Common Warning Signs of Nursing Home Negligence or Abuse

There are many warning signs of nursing home neglect and abuse. Some are obvious, and some may not be so obvious. Knowing these warning signs can help ensure your loved one’s safety or at the least help you put a stop to the neglect or abuse:

• Unexplained bruising, broken bones, cuts and bedsores
• Sudden weight loss and dehydration
• Chronic illness and infections
• Mood changes, withdrawal from activities, signs of depression
• Poor hygiene, soiled clothing, infrequent bathing
• Falls, head injuries
• Unsanitary living conditions
• Hazardous living conditions
• The patient left unattended for long periods of time
• Unexplained missing financial funds
• Refusal of a staff member to leave during visitation, limited access to your loved one

What Compensation Can I Pursue for Nursing Home Negligence?

Victims of nursing home negligence and their families may be entitled to various forms of compensation. The specific types of compensation you can pursue depend on the nature and severity of the abuse or neglect, as well as the impact it has had on the victim’s life.

• Medical Expenses: Costs incurred for medical treatment directly related to the negligence or abuse, including hospital stays, medications, surgeries, and rehabilitative therapies.
• Pain and Suffering: Compensation for the emotional distress and physical pain due to abuse or neglect.
• Emotional Distress: Damages for the psychological impact of the abuse, such as depression, post-traumatic stress disorder (PTSD) or anxiety.
• Loss of Enjoyment of Life: Compensation for the diminished ability to enjoy daily activities and overall quality of life.
• Wrongful Death: If the negligence resulted in the death of a loved one, you could seek wrongful death damages.

At The Bongiorno Law Firm, we understand the profound impact that nursing home negligence can have on victims and their families. Our experienced New York nursing home neglect attorneys thoroughly evaluate these cases, gather necessary evidence and advocate on behalf of victims to seek full compensation.

Common Causes of Nursing Home Negligence in New York

Nursing home negligence often results from systemic issues within the facility, such as:

• Negligent Hiring Practices: Hiring staff without proper background checks.
• Understaffing: Not having enough staff to adequately care for all residents.
• Inadequate Training: Staff not being properly trained in caregiving and emergency procedures.

Any of these issues or a combination of them easily increase the risk of your loved one becoming neglected or abused.

Who Can Be Held Accountable?

Nursing home abuse can involve multiple parties. Victims and their loved ones may be able to hold these parties accountable for damages:

• Nursing homes can be held liable for failing to provide a safe environment, inadequate staffing, improper training, and lack of proper policies and procedures.
• Individual employees, such as nurses, aides and other caregivers, can be held responsible for directly committing acts of abuse or neglect.
• Management of the facility could be held liable for failing to properly oversee the staff, ensure adequate training, and address complaints of abuse.

Where Can I Report Nursing Home Abuse in New York?

If you suspect nursing home abuse, you should report it immediately.

The New York State Department of Health oversees nursing home regulations and can investigate complaints. You can also report the incident to Adult Protective Services, which helps protect vulnerable adults from abuse and neglect. Local ombudsman programs advocate for residents’ rights and assist in resolving issues related to care.

Call Our New York Nursing Home Neglect Lawyers To Protect Your Loved One’s Rights

If you see any of the warning signs above or you suspect that your elderly loved one has been a victim of nursing home negligence or abuse, contact The Bongiorno Law Firm to learn more about legal options. An initial consultation is free and there are no fees unless we win. We have recovered millions on behalf of injury victims.