Nursing home abuse and neglect is a silent epidemic that affects thousands of vulnerable seniors in New York nursing homes and assisted living facilities. Despite federal and state laws designed to protect our elderly population, instances of abuse and neglect continue to occur at alarming rates.
The dedicated attorneys at Fellows Hymowitz Rice are here to shed light on this issue and fight for the rights of those impacted by nursing home abuse.
Our team of New City personal injury lawyers understands the devastating impact such mistreatment can have on victims and their families. We’re committed to seeking justice for those who have suffered abuse and neglect in nursing homes, nursing facilities, and assisted living facilities across New York.
Nursing home abuse and neglect are serious violations of a resident's rights and dignity. While abuse involves intentional actions that cause physical or emotional harm, neglect often stems from a failure to provide proper care. Both can lead to severe consequences for nursing home residents.
The disturbing reality is that elder abuse is a pervasive issue in New York, with an estimated 300,000 older adults falling victim each year. This alarming statistic underscores the crucial need for individuals and families to be well-informed about their legal rights and options when facing such situations.
Keep an eye out for the following red flags, which may point to abuse and neglect in nursing facilities:
If you notice any of these warning signs, it's vital to take action immediately.
Nursing home abuse and neglect can take many forms, each with its own set of pernicious consequences for elderly residents. Our committed nursing home abuse and neglect lawyers have seen firsthand how these different types of mistreatment can impact the lives of nursing home residents and their families.
Here are the primary categories of nursing home abuse:
This includes any form of physical harm, such as hitting, pushing, or improper use of restraints. Physical abuse can result in serious injuries and immense bodily and emotional pain for the victim.
Insults, humiliation, or isolation can all cause psychological distress. This form of abuse can be just as damaging as physical abuse, often leading to long-term mental harm.
Sexual abuse is any non-consensual sexual contact with a nursing home resident. This is a particularly heinous form of abuse that can cause severe trauma.
Financial abuse entails any unauthorized use of a resident's financial resources or property. This can include theft, fraud, or coercion to change wills or financial documents.
While often distinguished from abuse, neglect frequently has similar effects. It’s characterized by a failure to provide proper care, including nutrition, hygiene, or medical attention. Neglect can lead to serious health issues, including bed sores, malnutrition, and medication errors.
New York has a robust system of federal and state laws designed to protect nursing home residents. Some of the most notable regulations include the following:
This state law establishes the regulatory framework for hospitals and nursing homes in New York. It sets forth licensing requirements for nursing homes, operational standards for nursing facilities, and inspection and enforcement procedures, among other provisions.
This federal law sets the national standards of care and rights for people living in certified nursing facilities. It mandates:
The act also sets clear standards for nursing home services, including dietary, nursing, rehabilitation, pharmaceutical, and social services.
Part of the Affordable Care Act (ACA), the Elder Justice Act aims to prevent and address elder abuse, neglect, and exploitation. It provides funding for state and local programs to prevent elder abuse and requirements for reporting crimes in long-term care facilities.
Together, these laws lay down comprehensive standards of care, protect residents' rights, and outline reporting requirements for nursing homes and assisted living facilities in New York State. They also provide a legal framework for pursuing action against negligent nursing homes and staff members, allowing victims of abuse and neglect to seek justice.
If you or someone you care about has been a victim of nursing home abuse or neglect, the law is on your side. Contact Fellows Hymowitz Rice today to explore your legal options and hold the abusers accountable.
Understanding the root causes of abuse and neglect in elder care facilities is imperative for preventing future incidents. They include:
Many nursing homes are understaffed, leading to overworked and stressed-out employees. In this way, low staffing levels can result in neglect, whether intentional or unintentional, and increased risk of abuse.
Staff members may lack proper training in care techniques or recognizing signs of abuse. This can lead to unintentional neglect or failure to report abuse by other personnel or residents.
Insufficient supervision can allow abusive behaviors to go unchecked. Nursing home administrators have a responsibility to monitor their facilities and staff closely.
The demanding nature of caregiving can lead to compassion fatigue and neglectful behavior among nursing home staff members.
Some unscrupulous facility administrators may prioritize profits over resident care, leading to cost-cutting measures that compromise quality and increase the risk of neglect.
If you have reason to believe abuse or neglect may be occurring in your loved one’s care facility, take these immediate steps:
Remember, you have the right to report suspected mistreatment without fear of retaliation. Our nursing home abuse attorneys are here to support you throughout this process and ensure that your loved one’s rights are protected.
If you or a loved one has suffered from abuse or neglect in a New City nursing home, seeking compensation can help you cover the costs of medical care, emotional distress, and other losses.
That said, navigating the legal landscape to obtain this compensation can be complex. As such, it's important to understand your options.
Most nursing homes carry liability insurance to cover claims arising from negligence or staff misconduct. You may be able to file a claim directly with the facility’s insurance company, seeking compensation for medical expenses and other effects.
If your negotiations with the insurance company fail to yield a fair settlement, you may need to file a personal injury lawsuit against the nursing home. Doing so will allow you to pursue compensation for a wider range of damages, including pain and suffering and emotional trauma.
If the abuse or neglect resulted from medical negligence, such as medication errors or improper treatment, you may have grounds for a medical malpractice claim against the responsible healthcare providers.
In tragic cases where severe or habitual mistreatment leads to the death of a resident, the surviving family members may be able to file a wrongful death lawsuit to seek compensation for the untimely loss.
While there are numerous potential legal avenues open to you, seeking compensation for nursing home abuse or neglect can be challenging. It often involves:
An experienced personal injury attorney can perform these critical tasks for you and ensure that your case meets the burden of proof needed to formally establish abuse or neglect.
In New York, victims of nursing home abuse or neglect may be entitled to various types of damages, including:
Our nursing home abuse lawyers will work tirelessly to ensure that you or your loved one receive full financial compensation for what you’ve been through.
Multiple parties may be held responsible in nursing home abuse cases. Here are some of the most common:
As seasoned nursing home abuse attorneys, we'll thoroughly investigate your case to identify all potentially liable parties and hold them accountable through legal action.
Managing a nursing home abuse case can be both legally and emotionally challenging. Here's why it's essential to have a dependable New City lawyer on your side:
Remember, you're not alone in this fight. Our compassionate nursing home abuse attorneys can be your trusted advocates during this challenging time.
When it comes to protecting your loved ones from nursing home mistreatment, experience matters. Here's how Fellows Hymowitz Rice stands out from other nursing home abuse law firms:
Our firm has been fighting for the rights of victims for over four decades. We’ve handled countless nursing home abuse cases with great success.
We've recovered millions in compensation for our clients in nursing home abuse lawsuits and personal injury claims over the years.
We treat every client like family, providing individualized care and attention to ensure that they feel heard and empowered.
We're deeply invested in the community and passionate about protecting our elderly neighbors from abuse and neglect in living facilities.
Together, we can hold negligent parties accountable and work toward a future where all nursing home residents receive the care and respect they deserve.
Rob Fellows is more than just a lawyer; he's a seasoned advocate and a respected leader in the legal community. With over 40 years of experience, he's earned a reputation for meticulous preparation, unwavering advocacy, and a genuine commitment to his clients.
Steve Hymowitz is a champion for the underdog, specializing in medical malpractice and construction accident cases. He’s known for his warmth and unwavering dedication, relentlessly pursuing justice for those who feel powerless against insurance companies.
Matthew brings an unparalleled level of energy and drive to every case, earning a reputation for achieving exceptional results. He goes beyond financial wins, building deep connections with clients and becoming a trusted advisor during their most difficult times.
Joanne Horowitz is a skilled legal strategist and a strong advocate for those facing injuries due to negligence, construction accidents, and medical malpractice.
Margaret is a seasoned negotiator, expert in civil dispute resolution, with extensive experience handling homicide cases.
Don't let an injury define your future. Get the justice and compensation you deserve. Contact us today for a free consultation!
Our team is dedicated to providing trustworthy legal advocacy across New York State, including Rockland, Westchester, and other counties.
If you suspect nursing home abuse or neglect in New City or elsewhere in New York State, don't hesitate to seek help. Contact Fellows Hymowitz Rice for a free consultation with a knowledgeable nursing home abuse attorney. We're here to listen, guide, and fight for the justice and restitution your family deserves.
