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New York City Nursing Home Abuse Lawyer

New York City Personal Injury Lawyer  >  New York City Nursing Home Abuse Lawyer

When families entrust the care of their loved ones to a nursing home, the expectation is simple yet vital-compassionate and professional treatment in a safe environment. Tragically, this trust is sometimes betrayed. Too many vulnerable individuals experience mistreatment or neglect in facilities meant to protect them. If you suspect that your loved one has suffered harm in a nursing home, a knowledgeable New York City nursing home abuse lawyer can help you seek justice and accountability.

At The Rothenberg Law Firm, we've spent over 50 years standing up for victims and their families. We understand the pain and betrayal that accompany the discovery of nursing home abuse. Your loved one deserves dignity, care, and safety-when those rights are violated, we are here to fight fiercely to make things right. We won't rest until your family receives the compensation and closure you deserve.

If you suspect nursing home abuse, don't delay. Contact The Rothenberg Law Firm today to protect your loved one and hold those responsible accountable.

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Why Choose The Rothenberg Law Firm for Your New York City Nursing Home Abuse Case

Contact The Rothenberg Law Firm Today

When it comes to nursing home abuse cases, you need an experienced and compassionate advocate who can skillfully fight for justice. At The Rothenberg Law Firm, we've spent over five decades standing up for victims of neglect and abuse, recovering billions on behalf of our clients and their families. Choosing the right representation can make all the difference in seeking accountability and securing the compensation your loved one deserves.

Our firm isn't just about winning cases-it's about rebuilding lives and holding negligent nursing homes accountable for their actions. We understand how devastating it can be to discover that a trusted facility has harmed your loved one. That's why we approach every case with care, listening to your story and tailoring our legal strategies to meet your specific needs.

From uncovering evidence to negotiating with insurance companies or taking your case to trial, we put in the hard work so you don't have to face this challenge alone. Our team of legal professionals prides itself on its attention to detail, deep knowledge of nursing home abuse laws, and relentless pursuit of justice for our clients.

At The Rothenberg Law Firm, your family's well-being is our top priority. Compassionate, driven, and experienced-we are here to fight for you.

How Common is Nursing Home Abuse?

Nursing home abuse is disturbingly prevalent across the United States. Vulnerable elderly individuals often endure silent suffering due to a lack of oversight or fear of speaking up about mistreatment. According to research published in the Journal of Elder Abuse & Neglect, nearly 1 in 3 nursing home residents experience abuse or neglect.

Unfortunately, experts believe these statistics fail to capture the full extent of the problem. Several factors contribute to the underreporting of nursing home abuse:

  • Fear of retaliation from staff: Many nursing home residents rely on their caregivers for basic needs, creating a sense of powerlessness if they suspect that reporting abuse could result in worse treatment.
  • Cognitive impairments: Conditions such as dementia or Alzheimer's disease can impair the ability of residents to recognize or report mistreatment, leaving the abuse undetected.
  • Lack of regular visitors: Family members or friends often notice the signs of mistreatment, but residents without consistent visitors may go unnoticed.
  • Shame or embarrassment: Older adults may not report abuse out of fear of being judged or because they blame themselves for their situation.

These factors make it critical for families to remain vigilant when their loved ones are in nursing homes. Signs of mistreatment may not always be easy to identify, so knowing what to watch for is essential.

Types and Warning Signs of Nursing Home Abuse and Neglect

Nursing home mistreatment can involve intentional abuse, a failure to provide necessary care, financial exploitation, or a combination of these problems.

Abuse generally involves deliberate or knowing mistreatment. Neglect involves a failure to provide the care, supervision, treatment, food, water, hygiene, equipment, or protection a resident needs.

The following conditions do not automatically prove that abuse or neglect occurred. However, unexplained injuries, sudden changes, repeated incidents, inconsistent explanations, or a pattern of declining care may require further investigation.

Physical Abuse

Physical abuse involves the intentional use of force that causes pain, injury, impairment, or distress. It may include hitting, pushing, slapping, kicking, burning, rough handling, or improperly restraining a resident. Possible warning signs include:

  • Unexplained bruises, cuts, burns, or abrasions
  • Fractures or dislocations
  • Injuries at different stages of healing
  • Marks around the wrists or ankles
  • A staff member refusing to leave the resident alone with visitors
  • A resident appearing fearful around a particular caregiver
  • Explanations that do not match the nature of the injury
  • Repeated falls or emergency-room visits without a clear explanation

Emotional or Psychological Abuse

Emotional abuse can include threats, insults, humiliation, intimidation, isolation, controlling behavior, or intentionally ignoring a resident. Possible warning signs include:

  • Sudden withdrawal or unusual silence
  • Anxiety, agitation, or depression
  • Fear of particular staff members
  • Rocking, mumbling, or other repetitive behavior
  • Loss of interest in activities or visitors
  • A caregiver speaking about the resident in a demeaning or threatening manner
  • The resident being prevented from speaking privately with family members

Changes in behavior can also result from medical conditions, medication changes, or dementia. The cause should be evaluated rather than assumed.

Sexual Abuse

Sexual abuse includes any sexual contact, touching, photographing, or conduct that occurs without the resident’s consent. A resident who lacks the ability to understand or consent cannot legally agree to sexual activity. Possible warning signs include:

  • Bruising or injury near the breasts, genitals, thighs, or buttocks
  • Torn, stained, or bloody clothing
  • An unexplained sexually transmitted infection
  • Pain or bleeding without a medical explanation
  • Fear of being touched, bathed, dressed, or examined
  • A sudden change in mood or behavior
  • A resident reporting sexual contact or inappropriate conduct

Suspected sexual assault should be treated as a potential medical emergency and crime.

Financial Exploitation and Property Theft

Financial exploitation can involve taking, withholding, misusing, or obtaining a resident’s money, property, benefits, or financial information through deception, coercion, or unauthorized access.

Possible warning signs include:

  • Unexplained withdrawals or transfers
  • Missing cash, jewelry, clothing, or electronics
  • Forged signatures
  • Unpaid bills despite adequate available funds
  • Sudden changes to a will, power of attorney, trust, or beneficiary designation
  • Unexplained changes in banking access
  • Charges for services or items the resident did not receive
  • Staff members asking the resident for gifts, loans, or access to financial accounts

The responsible party may be a staff member, contractor, visitor, relative, or another person. A nursing home is not automatically responsible for every financial crime involving a resident, but its own supervision, security practices, response to complaints, and handling of resident funds may be relevant.

Neglect and Medical Neglect

Neglect occurs when a facility or caregiver fails to provide the services needed to protect a resident’s health, safety, or well-being Possible signs of nursing home neglect include:

  • Bedsores or worsening pressure injuries
  • Dehydration or unexplained weight loss
  • Malnutrition
  • Poor hygiene, soiled clothing, or unchanged bedding
  • Untreated infections or wounds
  • Delayed medical treatment
  • Repeated falls
  • Aspiration pneumonia
  • Urinary tract infections
  • Sepsis
  • Failure to assist with eating, drinking, toileting, or mobility
  • Failure to provide prescribed therapy
  • Missing hearing aids, glasses, dentures, walkers, wheelchairs, or other necessary equipment
  • Call bells that are repeatedly ignored
  • A resident wandering away from the facility
  • Unsafe rooms, hallways, beds, or equipment
  • Failure to notify a physician or family representative of a significant change in condition

A poor outcome does not necessarily mean that neglect occurred. The investigation should examine the resident’s condition, assessed risks, care plan, treatment orders, staffing, monitoring, and the facility’s response when problems developed.

Medication Errors, Over-Sedation, and Improper Restraints

Medication-related neglect may involve administering the wrong drug, using the wrong dose, missing prescribed medication, failing to monitor side effects, or failing to respond when a medication harms the resident.

A medication may also function as an improper chemical restraint when it is used for staff convenience, discipline, or behavior control rather than to treat a documented medical symptom.

Physical restraints, bed rails, and other devices can also cause harm when they are unnecessary, improperly selected, incorrectly installed, or inadequately monitored/ Possible warning signs include:

  • Sudden or extreme drowsiness
  • Confusion or reduced alertness
  • New balance problems or falls
  • Tremors or abnormal movements
  • Changes in appetite
  • Unexplained bruising
  • A resident becoming unusually quiet or unresponsive
  • Medication appearing on the administration record without a corresponding diagnosis or order
  • Significant behavior changes shortly after a medication change

A medication side effect alone does not establish negligence. The prescription, dosage, purpose, monitoring, documentation, and response to adverse effects must be reviewed.

Bedsores and Pressure Injuries in Nursing Homes

Bedsores, also called pressure ulcers or pressure injuries, develop when prolonged pressure or pressure combined with friction or shearing damages the skin and underlying tissue. They frequently form over bony areas such as the heels, hips, tailbone, ankles, elbows, shoulders, and back of the head.

Residents may face an increased risk when they have limited mobility, reduced sensation, poor circulation, incontinence, serious illness, dehydration, or inadequate nutrition.

Healthcare professionals classify pressure injuries according to the depth and extent of the tissue damage:

  • Stage 1: The skin remains intact but has persistent, non-blanching redness or discoloration. Changes may be more difficult to identify in darker skin tones.
  • Stage 2: There is partial-thickness skin loss. The injury may resemble a shallow open wound or a blister.
  • Stage 3: There is full-thickness skin loss. Fat beneath the skin may be visible, but muscle, tendon, and bone are not exposed.
  • Stage 4: There is full-thickness skin and tissue loss with exposed or directly palpable deeper structures, which may include muscle, tendon, cartilage, or bone.
  • Unstageable pressure injury: The full depth cannot be determined because slough, dead tissue, a dressing, or another covering obscures the wound.
  • Deep-tissue pressure injury: The skin may be intact or open but appears dark red, maroon, or purple because of damage beneath the surface.

A pressure injury does not automatically prove that a nursing home was negligent. Some wounds can develop despite appropriate care because of the resident’s clinical condition.

However, federal nursing home rules generally require facilities to provide care intended to prevent pressure injuries unless they are clinically unavoidable. A resident who has a pressure injury must receive necessary treatment and services to promote healing, prevent infection, and prevent additional wounds.

Potential care failures may include:

  • Failing to assess the resident’s pressure-injury risk
  • Failing to create or update an appropriate care plan
  • Inconsistent repositioning
  • Failing to provide pressure-relieving mattresses, cushions, or other equipment
  • Failing to inspect the resident’s skin
  • Inadequate management of moisture or incontinence
  • Failing to provide appropriate nutrition and hydration
  • Delaying wound-care treatment
  • Failing to notify a physician or wound-care specialist
  • Failing to measure, stage, photograph, or otherwise document the wound
  • Allowing the wound to worsen without reassessing the care plan
  • Incomplete or conflicting treatment records

Severe pressure injuries can cause extensive tissue damage, chronic pain, cellulitis, bone infection, sepsis, and other life-threatening complications.

An investigation should address the resident’s condition upon admission, risk assessments, skin checks, repositioning records, care plans, dietary records, wound measurements, treatment orders, photographs, and the facility’s response as the wound developed or worsened.

Common Medication Errors in Nursing Homes

Nursing home residents often rely on staff members to obtain, store, administer, and monitor multiple medications. A breakdown at any stage of this process can cause a serious injury.

Medication errors may include:

  • Administering the wrong medication
  • Giving medication intended for another resident
  • Using the wrong dose
  • Giving medication at the wrong time
  • Using the wrong method of administration
  • Missing or delaying a prescribed dose
  • Administering duplicate medications
  • Continuing a discontinued medication
  • Failing to account for allergies or interactions
  • Failing to monitor bloodwork, vital signs, or adverse effects
  • Failing to obtain or renew a necessary prescription
  • Crushing a medication that should not be crushed
  • Failing to communicate a medication change during a hospital transfer or readmission
  • Failing to respond when a resident experiences an adverse reaction

Federal nursing home regulations require facilities to maintain procedures for accurately obtaining, dispensing, and administering medication. A resident’s drug regimen should also be free from unnecessary medication, excessive dosages, excessive duration, inadequate monitoring, and drugs that lack an appropriate indication.

Psychotropic medications require particular attention. They should not be used merely to make a resident easier to manage or to compensate for inadequate staffing. The resident’s medical condition, diagnosis, treatment goals, behavioral interventions, dosage, duration, and response to the medication should be documented and regularly reviewed.

What Should You Do if You Suspect Nursing Home Abuse?

The resident’s immediate safety and medical needs should come first. A family does not need to prove abuse before reporting a reasonable concern.

1. Respond to Immediate Danger

Call 911 when the resident faces an immediate threat, has a serious injury, requires emergency medical care, or may have been the victim of a crime. Do not delay an emergency report while waiting to speak with the facility, an insurance company, or an attorney. When sexual assault is suspected, seek emergency medical assistance and avoid washing clothing, bedding, or other potential evidence when doing so can be avoided safely.

2. Arrange an Independent Medical Evaluation

Ask a physician, hospital, or other appropriate healthcare provider to evaluate the resident. Tell the provider about the suspected abuse or neglect and request that all injuries, symptoms, wounds, changes in condition, and statements made by the resident be accurately documented.

When possible, obtain an explanation of:

  • The diagnosis
  • The likely cause of the condition
  • The recommended treatment
  • Whether the condition appears recent or longstanding
  • Whether a delay in treatment may have worsened the injury

3. Speak With the Resident Privately

When the resident is able and willing to communicate, speak with them privately and listen without pressuring them. Use open-ended questions rather than suggesting an answer. Record the resident’s exact words as accurately as possible. A person with dementia, aphasia, hearing loss, or another communication limitation may still be able to provide meaningful information. Communication assistance may be necessary.

4. Document What You Observe

Keep a written record containing:

  • Dates and times
  • Names and job titles of staff members
  • Injuries and changes in condition
  • Statements made by the resident
  • Explanations provided by the facility
  • Missed medication or treatment
  • Unanswered call bells
  • Changes in mood, behavior, appetite, or alertness
  • Hospital transfers
  • Complaints previously made to the facility

With the resident’s consent or appropriate legal authority, take dated photographs of visible injuries, wounds, unsafe conditions, and damaged property. Avoid photographing other residents or confidential information belonging to them. Preserve letters, emails, text messages, bills, bank statements, medication lists, photographs, and other relevant documents.

5. Notify the Facility in Writing

Report the concern to the administrator, director of nursing, attending physician, social worker, or another appropriate supervisor.

Make the complaint in writing when possible and keep a copy. Ask the facility to explain:

  • What happened
  • When it happened
  • Who was involved
  • What medical treatment was provided
  • Whether an internal investigation was opened
  • What steps are being taken to prevent further harm
  • Whether the resident’s care plan has been changed

Do not rely solely on a verbal assurance that the problem will be handled.

6. Report the Concern to the Appropriate Authorities

Complaints concerning a New York nursing home may be submitted to the New York State Department of Health. The Nursing Home Complaint and Discharge Appeal Hotline is 1-888-201-4563. The New York State Long Term Care Ombudsman Program assists residents and families with complaints, resident rights, care concerns, and transfer or discharge disputes. The statewide number is 1-855-582-6769. Call law enforcement when you suspect physical assault, sexual abuse, theft, fraud, or another crime. A government complaint can protect the resident and may lead to an inspection or citation. It is separate from a civil claim for compensation and does not necessarily extend a lawsuit deadline.

7. Request and Preserve Records

The resident or a person with proper legal authority may request relevant medical and facility records.

Important records may include:

  • Admission assessments
  • Care plans
  • Nursing notes
  • Medication administration records
  • Physician orders
  • Wound-care records
  • Fall-risk assessments
  • Incident documentation
  • Dietary records
  • Weight and hydration records
  • Therapy records
  • Hospital-transfer records
  • Billing and resident-fund records

An attorney may later seek additional evidence, including staffing records, schedules, surveillance footage, internal communications, policies, training records, inspection histories, and electronically stored information.

8. Consider a Transfer Carefully

An emergency hospital transfer may be necessary when the resident is seriously injured or unsafe.

A permanent move to another facility should ordinarily be coordinated with the resident, physician, authorized representative, Ombudsman, and receiving facility when circumstances allow. An abrupt move without an adequate treatment and medication plan can create additional risks.

New York Nursing Home Residents Have Legal Rights. New York and federal law provide nursing home residents with rights intended to protect their dignity, health, safety, privacy, independence, and quality of life.

These rights include the right to:

  • Receive adequate and appropriate medical care
  • Participate in decisions about care and treatment
  • Receive information about medical conditions and proposed treatment
  • Refuse medication or treatment after being informed of the consequences
  • Receive courteous, fair, and respectful care
  • Be free from physical, mental, verbal, and sexual abuse
  • Be free from involuntary seclusion
  • Be free from physical or chemical restraints used for discipline or convenience
  • Communicate privately with physicians, attorneys, family members, and others
  • Manage personal financial affairs or receive an accounting when the facility manages them
  • Maintain privacy in treatment and personal care
  • Protect the confidentiality of medical and personal records
  • Keep personal possessions secure
  • Present grievances without fear of retaliation
  • Communicate with the Long Term Care Ombudsman Program
  • Remain in the facility unless properly transferred or discharged

Under New York Public Health Law § 2801-d, a claim may be available when a residential healthcare facility deprives a resident of a right or benefit established by a contract, statute, regulation, or other applicable law and the deprivation causes injury.

For purposes of that law, an injury may include:

  • Physical harm
  • Emotional harm
  • Financial loss
  • Death

A Public Health Law claim is different from an administrative complaint. A resident does not necessarily have to complete the Department of Health complaint process before pursuing a civil action.

Depending on what occurred, a nursing home case may also involve:

  • Ordinary negligence
  • Medical malpractice
  • Negligent hiring, training, retention, or supervision
  • Assault or battery
  • False imprisonment
  • Fraud, theft, or conversion
  • Wrongful death
  • A survival claim for injuries the resident experienced before death

More than one legal theory may apply to the same conduct. The proper claims depend on the type of facility, the people involved, the nature of the care being provided, and the evidence connecting the misconduct to the resident’s injury.

Assisted living facilities and other adult care facilities may be governed by laws that differ from those applicable to licensed nursing homes. The facility’s legal classification should therefore be confirmed.

How Our NYC Nursing Home Abuse Lawyers Can Help You

When nursing home abuse comes to light, it's crucial to act swiftly and strategically. At The Rothenberg Law Firm, we are dedicated to providing the comprehensive legal support your family needs. Here's how we help you pursue justice and hold negligent parties accountable:

Attorney Ross Rothenberg with clients

Investigate the Abuse

Our team conducts a thorough investigation to uncover the truth. We meticulously review medical records, interview witnesses, and gather evidence to build a detailed timeline of events. This ensures no aspect of your case is overlooked.

Identify All Liable Parties

Nursing home abuse often involves multiple responsible parties, including staff members, supervisors, and even the facility itself. We work to identify everyone involved, ensuring that each is held accountable for their actions or negligence.

Negotiate with Insurance Companies

We engage with insurance companies, using our experience and legal acumen to demand fair compensation. Our team knows the tactics insurers use to underpay claims, and we fight back to secure what you and your loved one deserve.

Advocate in Court if Necessary

If a fair settlement isn't offered, we are fully prepared to take your case to trial. Our experienced trial attorneys are relentless in ensuring justice, working tirelessly to present a compelling case before the court.

Provide Ongoing Support

We understand the emotional toll this process takes on your family. Beyond legal advocacy, we offer compassionate guidance every step of the way.

What Compensation May Be Available in a New York City Nursing Home Abuse Case?

The compensation available depends on the resident’s injuries, the legal claims being asserted, the duration and severity of the mistreatment, and the evidence connecting the facility or another party to the harm.

Recoverable damages may include:

  • Medical expenses caused by the abuse or neglect
  • Hospital treatment
  • Surgery
  • Medication
  • Wound care
  • Rehabilitation and therapy
  • Nursing and attendant care
  • Relocation to another facility
  • Treatment for psychological or emotional harm
  • Physical pain and suffering
  • Emotional distress, humiliation, or fear experienced by the resident
  • Permanent disability
  • Scarring or disfigurement
  • Reduced mobility or independence
  • Loss of enjoyment of life
  • Lost income or diminished earning ability when applicable
  • Stolen money or property
  • Unauthorized charges and other financial losses
  • Certain losses sustained by a spouse when New York law permits recovery

Damages Under New York Public Health Law § 2801-d

When a residential healthcare facility deprives a resident of a protected right or benefit and causes injury, Public Health Law § 2801-d may allow compensatory damages. The statute also establishes minimum damages tied to a portion of the facility’s daily per-patient rate for each day the injury exists. Punitive damages may be considered when a deprivation was willful or showed reckless disregard for the resident’s lawful rights. Punitive damages are not automatic and should not be presented as a routine part of every nursing home case. If a plaintiff obtains a judgment under the statute, the court may award reasonable attorney’s fees when justice requires.

Fatal Nursing Home Abuse or Neglect

When abuse or neglect causes a resident’s death, the estate’s duly appointed personal representative may be able to bring a wrongful-death action.

Potential wrongful-death damages may include:

  • Medical expenses related to the fatal injury
  • Funeral and burial expenses
  • Lost financial support
  • The value of services the resident would have provided
  • Other pecuniary losses recognized under New York law

A separate survival claim may seek compensation for the resident’s conscious pain, fear, suffering, and other injuries between the wrongful conduct and death. New York wrongful-death law generally does not provide separate compensation to surviving relatives solely for their grief. The resident’s survival claim and the family’s wrongful-death losses must be evaluated separately.

New York City Nursing Home Abuse FAQs

What are the most common causes of nursing home abuse?

Nursing home abuse often stems from understaffing, insufficient training, or negligent hiring practices. These issues can lead to overworked caregivers who may act irresponsibly or even intentionally harm residents. Lack of oversight and accountability further exacerbate the problem, creating an environment where abuse can occur.

Who Can File a Lawsuit for Nursing Home Abuse?

A competent nursing home resident may bring a claim in their own name.

When the resident cannot manage the claim personally, the action may be brought by someone who has valid legal authority to act for the resident. Depending on the circumstances, that person may be:

  • A court-appointed guardian
  • An attorney-in-fact acting under a valid power of attorney that provides appropriate authority
  • Another legally appointed representative

Being the resident’s relative, emergency contact, healthcare agent, or designated visitor does not automatically give a person authority to commence a civil lawsuit.

When the resident has died, claims belonging to the resident’s estate and any wrongful-death action are ordinarily brought by the estate’s duly appointed executor or administrator.

Family members may report suspected abuse, provide evidence, contact the Ombudsman, request a welfare check, or seek emergency assistance even when they do not personally have authority to file the resident’s lawsuit.

How do lawyers prove nursing home abuse in court?

Proving nursing home abuse often requires gathering substantial evidence, such as medical records, witness statements, photos of injuries, or surveillance footage. Expert testimony might also be crucial to establish negligence or harm.

How Long Do I Have to File a Nursing Home Abuse Lawsuit in New York?

There is no single deadline for every nursing home abuse case. The applicable time limit depends on the conduct involved, the defendants, the legal claims, and whether the resident died.

Potential deadlines include:

  • Negligence and personal injury: Many New York negligence claims must be commenced within three years.
  • Public Health Law § 2801-d: Claims under this nursing home residents’ rights statute are generally subject to a three-year limitations period.
  • Medical malpractice: A claim based on medical, dental, or podiatric malpractice generally must be commenced within two years and six months of the act or omission or the end of qualifying continuous treatment, subject to limited exceptions.
  • Wrongful death: A New York wrongful-death action generally must be commenced within two years of the resident’s death.
  • Intentional misconduct: Claims such as assault or battery may have shorter deadlines. Qualifying claims involving certain sexual offenses may be governed by different and potentially longer limitations periods.
  • Government-operated facilities: A claim involving New York City or another public corporation may require a notice of claim within 90 days. Many municipal personal-injury actions must then be commenced within one year and 90 days.

A resident’s legal incapacity may affect a deadline in limited circumstances, but New York’s incapacity toll is narrowly applied and should not be assumed to preserve a claim.

There is no general rule that automatically gives a family three years from the date the abuse was discovered. A Department of Health complaint, police report, internal grievance, or insurance claim also does not necessarily pause the deadline for a civil action.

Because the correct period can be substantially shorter than three years and evidence may disappear quickly, a potential claim should be evaluated promptly.

Can a Nursing Home Be Held Responsible for Abuse by a Staff Member?

Possibly. Responsibility depends on what the employee did, whether the facility’s own conduct contributed to the harm, and the legal claims supported by the evidence.

A facility may face liability when its own failures include:

  • Hiring an unqualified or dangerous employee
  • Failing to conduct required background or registry checks
  • Ignoring previous complaints or warning signs
  • Retaining an employee who posed a known risk
  • Failing to train staff
  • Failing to provide adequate supervision
  • Maintaining unsafe staffing or care practices
  • Failing to investigate reported abuse
  • Failing to protect the resident while an investigation was pending
  • Failing to report an allegation as required
  • Allowing a resident’s protected rights to be violated

Other potentially responsible parties may include:

  • The individual abuser
  • A staffing agency
  • A management company
  • A contractor
  • A physician or other healthcare provider
  • Another resident
  • A person who financially exploited the resident

The nursing home is not automatically responsible for every wrongful act committed by every person who enters the facility. Each party’s conduct, legal relationship, knowledge, authority, and role in causing the harm must be investigated.

Contact Our Trusted New York City Nursing Home Abuse Attorneys Today

Your loved one deserves to live their golden years with safety, dignity, and respect-not fear or suffering. If you suspect nursing home abuse, taking swift action is vital to protect your family member and hold those responsible accountable. At The Rothenberg Law Firm, we combine compassion for those we represent with an aggressive pursuit of justice against negligent parties.

Our experienced NYC personal injury attorneys have recovered billions for victims of neglect and abuse across the country. We understand the complexities of these cases, and we are here to guide you with unmatched dedication and skill. Remember, you pay no attorney's fees unless we win your case, so there's no risk in reaching out for help.

Contact The Rothenberg Law Firm today at (800) 624-8888 or through our online form for a free consultation and take the first step toward justice and healing. Your family's future matters, and we're here to fight for it.

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Frequently Asked Questions

Get Answers to your personal injury claim questions:

What is a personal injury accident?

A personal injury accident refers to injuries caused by another party’s intentional, negligent, or reckless actions. Under personal injury law, someone injured can file a claim or lawsuit for fair compensation for injuries.

Personal injury law is a part of tort law, which covers conduct that results in injury, harm, or loss. If someone hurts you, they are liable for damages. A personal injury attorney can help you recover what you are owed.

What types of accidents do personal injury lawyers handle?

There are many different types of personal injury lawsuits. Some of our trial lawyers’ practice areas

include:

  • Motor Vehicle Accidents: Car accidents, truck accidents, and motorcycle accidents are very common. These types of accidents are often a result of another driver’s negligence. If you were involved in an auto accident, you may have suffered serious injuries that require long-term medical care, lost wages and more. An insurance company will try to offer you the least amount for your claim. An auto accident claim brought by a personal injury attorney will help you recover maximum compensation.
  • Medical Malpractice: Mistakes in medical records and errors in medical treatment are preventable. We go to the doctor to get better, not worse. And yet, medical malpractice often leads to serious injury or death. Money can never replace your health, but medical negligence requires fair compensation.
  • Slip and Fall Accidents: We have all slipped on wet floors or icy sidewalks. Or maybe you have fallen in a poorly lit movie theater? When you or a loved one is injured by a slip or fall, it’s possible to bring a premises liability case against the property owner. It is not your fault you slipped and fell because of dangerous conditions or hidden hazards.
  • Premises Liability Accidents: Injuries can be caused by hazardous or unsafe conditions on someone else’s property. However, slip and fall accidents are not the only type of premises liability claim. Assaults due to inadequate security or objects falling on people are other common examples.
  • Construction Accidents: Few industries are as dangerous as construction. Many things can go wrong on a construction site leading to serious or deadly worker injury. Worker’s compensation is not your only option in securing benefits after a devastating incident in the workplace.
  • Traumatic Brain Injuries and Spinal Cord Injuries: Traumatic brain injuries (TBI) are a leading cause of death in the US. Living with a spinal cord injury or TBI requires constant medical care. These catastrophic injuries generally result in permanent disability and are the basis for many personal injury lawsuits.
  • Birth Injuries are avoidable. The resulting damage, however, is permanent. When your baby suffers a traumatic birth injury due to negligent hospitals or medical professionals, you need an experienced birth injury lawyer on your side.
  • Dangerous Drugs: Millions of Americans rely on prescription and over-the-counter medications for their health and wellness. However, drug manufacturers have put people’s lives at risk by failing to warn them about potential dangers and side-effects. If you have developed an injury or illness due to a prescription drug, you may be entitled to compensation.
  • Nursing Home Abuse: A national survey of nursing home staff revealed that 36% of residents experience at least one act of physical abuse of a resident. This is unacceptable. Families trust nursing homes and assisted care facilities to care for our grandparents. Sadly, employees often inflict harm to vulnerable residents.
  • Product Liability: A minor defect might cause an inconvenience, but a major product defect can be devastating. If you are injured while using a defective product, it’s possible to sue for damages. Manufacturers, wholesalers and retailers are often held to state product liability laws. Hiring a personal injury lawyer can help you navigate specific deadlines for a filing product liability claim.
  • Workplace Accidents: Have you been injured on the job? Serious injuries, including amputations, paralysis and traumatic brain injury are painful, expensive, and leave you unable to work. Although worker’s compensation grants certain benefits, you may be able to bring a third party claim against the party responsible for your injuries.

Unfortunately, someone’s negligence can also lead to a family member passing away. When this happens, we can also file a wrongful death action to collect damages on their behalf. No amount of money can bring back your loved one, but we will help to make sure you get the financial compensation you deserve for the loss of your loved one.

How do I know if I have a case for an injury lawsuit?

You may wonder whether your injuries are serious enough to pursue legal action. Under the law, you can seek damages when you suffer a loss that is due to someone else’s negligence. To file a personal injury claim, two key elements are required:

  1. A breach of legal duty between the wrong-doer (the defendant) and the  injured person (the plaintiff) and
  2. Damages that occur because of that breach.

In other words, you can file a personal injury claim when someone else's actions lead to an injury. When both elements take place, a ”tort” occurs. Each situation is different so it's important to discuss the details of your potential case with an attorney. Our team of lawyers has the technical know-how to answer any questions you may have.

What damages can I seek in a Personal Injury Settlement or Case?

Once a personal injury has occurred, the defendant is liable to make good for the damage done. “Damages” are what is owed to you to compensate you for your loss.

It’s not always necessary to go to trial or to file an injury lawsuit. Your personal injury attorney may be able to agree on damages in a personal injury settlement. However, regardless of the extent of your injuries, you need an attorney on your side to make sure that the monetary damages offered to you by the defendant’s insurance company will fully cover your losses.

Damages you may be entitled to are for pain and suffering, lost past wages, loss of future wages, past medical care, future medical care and expenses and more. Therefore, if you were injured, are unable to work, or require ongoing medical care you should pursue a personal injury accident case.

Beyond the damages above known as compensatory damages,  sometimes, a defendant’s actions are so malicious or careless that you may be awarded punitive damages. These damages are paid in addition to actual damages in your personal injury case. They are not compensation for your losses. Punitive damages are awarded to punish the defendant and help prevent others from doing the same.

We understand that unplanned injuries and deaths overwhelm families. Family members carry the burden of arranging medical care and managing medical expenses. We know money cannot fix or replace what you lost, but legal action can help with closure and help you manage the increased expenses that occur when dealing with an injury after an accident. Furthermore,  family members can receive damages for funeral and burial costs if a loved one passes away.

If you decide to pursue a personal injury case, we will ask you to provide us with any documentation you have on the accident. These documents will help us determine damages owed. We will need photos, videos, statements, insurance documents, police reports, and any other information on your injuries or the accident scene. We of course will help you try to obtain the documents you need and will work with you every step of the legal process. You and your loved ones do not have to shoulder the cost of another’s actions. It’s important you hire an experienced attorney with a great track record of winning the compensation you deserve.

How do lawyers determine who's at fault?

Before we can assess how much in damages you may be owed, it is important to determine liability. Liability for a personal injury accident is caused by negligence, intentional acts or falls under the category of “strict liability.”

  • Negligence - Let’s say someone does not stop at a red light and proceeds through an intersection and hits your car. This is an example of a negligent act. Negligence happens when someone fails to take appropriate action and you are harmed as a result.
  • Intentional Act - Some individuals intend to hurt others. Intentional harm is when someone not only wants to hurt you, but does so on purpose. A person grabbing a baseball bat and hitting you with it is considered an intentional act.
  • Strict Liability does not depend on neglect or intent to harm. It is a unique theory that claims a person is liable for their actions even when the outcome is unintentional. This means that people and businesses have to pay for damages even if they are not at fault. For example:
    • Product liability is a common example of when strict liability may apply. Product manufacturers are responsible for ensuring their products are safe when used as directed. If you’re injured while using a product, you need to prove the product was defective through no fault of your own.
    • Dog bites are another example of injuries that may fall under strict liability. Often, dog bites fall under a blend of strict liability and negligence. Many states have laws that hold dog owners strictly liable if their dog bites someone without provocation. If a dog has already been deemed dangerous, the owner is legally responsible for damages the dog caused.

Great legal representation can take the guesswork out of complicated legal practices. If you have any questions about who is at fault in your accident, call The Rothenberg Law Firm at 1-800-624-8888 for a free case evaluation today.

How much is my personal injury case worth?

You might think your personal injury case isn’t worth pursuing. However, damages are determined by a variety of factors. These factors help us determine what the liable party should have to pay.

Our lawyers are highly skilled in assessing damages. We work with you, your medical team, and other experts to determine your losses. The circumstances of your accident and the severity of your injuries, among other things affect the value of your case. We present our findings to a jury or during settlement negotiations with insurance companies and the defendant.

You will receive an honest assessment of your claim. We estimate the potential damages throughout your case and update you as things change. How much you can recover in damages includes the value of:

  • Medical bills - damages may include the past, present, and future costs related to the accident including hospital stays, doctor appointments, medical equipment, diagnostic testing, physical therapy, and more.
  • Lost wages - often, injury victims are unable to work for some time after their injury. You may need to miss work often. Taking time off for doctor appointments and medical treatments can quickly chip away at your income. We calculate lost wages using documentation of the days you missed, your regular rate of pay, and a statement from your employer.
  • Loss of earning capacity - sometimes injuries are so severe that you cannot continue working as you did before. You may need to retrain in a new industry, or have become disabled. You can receive financial compensation for what you would have earned if the accident didn’t happen. There are situations in which our firm would hire an economist or vocational expert to determine the amount of lost future income your injuries may have caused.
  • Loss of consortium - relationships are greatly impacted by injuries and loss of income. Rising medical bills and a complete change in lifestyle can make it hard for loved ones to be there for each other. If you or a spouse were injured to such an extent that one of you can’t possibly carry on a complete relationship with the other (or they were killed), you can be compensated for loss of companionship.
  • Punitive Damages - if there was a clear disregard for human life in your personal injury accident, you may be awarded punitive damages to make an example of the defendant.
  • Wrongful death - These claims can be filed by survivors of individual(s) killed by someone else’s negligence or misconduct. Courts can award compensation for lost love, support, and income of the deceased family member.
  • Pain and suffering - anxiety, difficulty sleeping, depression, severe mental trauma or PTSD are unfortunate effects of a personal injury accident. Comprehensive and accurate records from your therapist, psychologist, or psychiatrist can help in estimating damages.

While you might be unsure as to how to navigate the legal process, our attorneys will handle everything for you. After evaluating your injuries and all of the evidence surrounding your case, we can paint a full picture of what happened in your personal injury accident. The personal injury trial lawyers at our office have a great track record of getting you the compensation you deserve.

Your initial consultation with a personal injury attorney is always FREE!

Do I need a personal injury lawyer?

After an injury accident, you may not know what to do. You might have limited time and money. Like most people, one of the first questions you’ll have is whether or not you really need an attorney. You may want to try and settle with the liable party by yourself. However, being injured is stressful enough. Not only that, but the person or party that injured you will have a team of insurance company lawyers working against you to make sure you receive the least amount of money for your injuries as possible. Our attorneys help you manage that stress by handling all aspects of your personal injury claim and we will work hard to make sure the defendant’s insurance company will pay you the amount of money you deserve.

There is limited time to file a personal injury lawsuit due to statutes of limitations. Once this deadline passes, you lose your right to recover damages through a lawsuit. New York generally has a three-year limit, while New Jersey and Pennsylvania generally have a two-year statute of limitation. Medical malpractice often has separate deadlines, so it is best to speak with an attorney as soon as you can.

Nobody is required to have a personal injury attorney. Yet your peace of mind shouldn’t be interrupted by lowball offers or intimidating insurance companies. Keep in mind that if you handle your own personal injury claim, insurance companies or the defendant might offer you a small amount of money just to get you to go away.

There is no substitute for experience. The Rothenberg Law Firm has over fifty years of experience dealing with insurance adjusters, evaluating claims, and going up against major corporations to ensure you receive the financial compensation you deserve.

Most personal injury claims are resolved through insurance claims and the amount of damages vary based on the type of accident. An insurance company may refuse to offer fair compensation for your specific injury and we, therefore, become your spokesperson and advocate to the insurance companies and are ready to go to trial if we cannot reach a fair settlement.

Our lawyers will deal with insurance companies and difficult insurance adjusters. We will diligently gather all the necessary evidence to prove the other party is at fault. We will defend your rights and fight for fair compensation that will cover all medical and financial damages.

Our trial lawyers will fight until the end to ensure the negligent party is held accountable for their actions. All you need to focus on is your medical treatment and getting better.

Best of all, there are no upfront fees in working with an injury lawyer. Our personal injury attorneys work on a contingency fee basis, which means that you do not pay anything unless we win your case. This allows you to continue focusing on your recovery while our attorneys pursue fair compensation on your behalf.

Can I afford a personal injury lawyer?

At The Rothenberg Law Firm, we offer a free case evaluation for injury victims. This gives you a chance to discuss what happened in your personal injury accident with a skilled attorney. You need answers and are entitled to know your available legal options at no cost. There is no obligation to pursue a case if you choose not to.

Many personal injury attorneys like those at The Rothenberg Law Firm do not charge any fees upfront. Instead, we work on what is known as a contingency fee basis. This grants you free access to attorneys who can help you through the legal process. We only take attorney’s fees if we are successful in recovering money for you.

It might feel intimidating to go up against a large insurance company or major corporation alone. The Rothenberg Law Firm has the size and experience needed to level the playing field against those who might consider you as a mere nuisance. With experienced legal counsel on your side, you can rest easy knowing your rights are protected.

Contact Us for A Free Case Review

Count on The Rothenberg Law Firm for sound legal guidance, support and advocacy

If you have been injured in an accident caused by someone else's negligence, we have the answers you need. Our dedicated staff is available 24/6 to discuss your situation and outline the best steps moving forward.

All cases are taken on a contingency-fee basis, so there are no upfront expenses or attorney fees unless and until we are successful in securing money damages for you. We are results-focused attorneys who have won and collected billions of dollars on behalf of clients in all types of injury matters, so you can feel confident in our commitment to personalized attention and client satisfaction.

Our seven office locations provide access to high-caliber advocacy when you need it most. Get in touch with us today to learn more about our services and how we can protect your rights. We will review your case free of charge and determine if you have grounds for a personal injury case.

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