Older family members may require assistance that cannot be provided at home. We entrust employees at nursing homes to treat our loved ones, to act as caregivers and to treat our family members with dignity and compassion. However, this is not always the case. A 2020 report from the World Health Organization (WHO) found that 12% of nursing home employees admit to neglecting residents’ needs or some other form of nursing home abuse. Unfortunately, New York nursing home abuse is no better.
The Brooklyn nursing home abuse lawyers at The Rothenberg Law Firm take elder abuse and nursing home neglect seriously. At our law office, we fight for justice for all of our clients. We will not rest until we get maximum compensation for your loved one’s injuries. Contact us today for a free consultation. We help clients throughout Brooklyn, as well Manhattan, Queens, the Bronx, Staten Island, and Long Island.
Types of Nursing Home Abuse
Recently, reports indicated that in NY alone, thousands of cases of abuse were not included in government Medicare and Medicaid reporting systems. This allowed facilities to maintain high ratings despite consistent mistreatment of their population. Family members must be aware of the range of abuses and neglect taking place inside of Brooklyn nursing homes.
Elderly people who reside in one of these facilities are commonly subjected to various forms of abuse by those whom we mistakenly consider their “caregivers.” To understand the scope of this problem,
here are the most common ways residents are abused in nursing homes and assisted living facilities:
Physical Abuse
Physical abuse includes hitting, punching, kicking, pushing, shoving, or using physical or chemical restraints. Residents who are ill or weak cannot defend themselves and are especially vulnerable to being physically taken advantage of by nursing home staff.
Gross Neglect
Neglect is failure to provide food, adequate hydration, personal hygiene, medication, supervision, and other essential needs and services for the resident’s well-being. Staffing shortages and poor training often cause employees to take shortcuts that compromise the quality of care.
Sexual Abuse
Sexual abuse is non-consensual contact, including fondling, groping, coerced nudity, rape, or sodomy. The perpetrator can be an employee, a visitor, or a resident.
Psychological Abuse
According to
data from the National Center on Elder Abuse (NCEA), 33% of residents experience psychological abuse, including verbal assaults, intimidation, humiliation, threats, and harassment from staff members of a facility. Residents often fear speaking out because they fear it will only worsen the situation.
Financial Exploitation
Unfortunately, nursing home residents are also at risk of financial abuse. Nursing home workers, other residents, and visitors can steal their personal possessions, withdraw money or use their credit cards. They can also coerce them into getting access to their bank accounts or signing over Power of Attorney (POA) to gain control of their assets.
Common Signs of Abuse and Neglect
In 2020, thousands of complaints about nursing home abuse or neglect were filed with state officials nationwide. So, how do you know if your family member is in danger?
Here are some common signs and symptoms of possible abuse and neglect:
- Agitation or distress
- Withdraw from daily activities
- Lack of self-care
- Decreased self-esteem
- Rapid weight loss
- Bruises, cuts, or abrasions
- Pressure sores
- Open wounds at various stages of healing
- Various kinds of brain injuries
- Burns, bites, or strangulation marks
- Sprains, strains, or broken bones
- Malnutrition or dehydration
- Untreated bedsores (also called pressure ulcers)
- Mediation mistakes
- Sepsis and UTIs
- Unsafe or unsanitary living conditions
- Ineffective equipment
- Unexplained genital infections, diseases, or injuries
- Any sudden or unusual behavioral changes
- Wrongful death
If you suspect your loved one has been harmed, it’s essential to act immediately. Call 911 if they are in imminent danger. If you don’t feel the situation is urgent, call the
New York Department of Health Nursing Home Complaint hotline.
Contact the nursing home abuse attorneys at The Rothenberg Law Firm for guidance on protecting your family members. We have decades of experience as injury attorneys taking on powerful institutions throughout New York–whether it be nursing home facilities, assisted living facilities, health care providers, and so many more.
Compensation for Nursing Home Negligence
New York state provides a number of mechanisms to get justice for your loved one. At The Rothenberg Law Firm Accident and Injury Lawyers, we will fight for justice for your loved one and we will always seek the best possible outcome and maximum compensation for your case.
New York law permits abused nursing home residents, a family member, or an estate representative to file a claim on their behalf to seek compensation in civil court. Money damages help pay for medical care, mental and physical therapy, pain and suffering, and the costs of transferring them to a different facility, if necessary. In extreme cases, punitive damages may be awarded to punish a facility.
If your family member dies as a result of abuse or nursing home neglect, you can file a wrongful death lawsuit for additional compensation for burial costs and other damages--if you believe their death is linked to abuse or neglect. If the parties involved in a civil suit cannot agree to a settlement, the case goes to court, and a jury hears both sides. We are prepared to take your case to court and advocate for the best outcome possible every step of the way.
How Much Time Do I Have to File a Nursing Home Abuse Lawsuit in New York?
The time you have to file a civil suit for nursing home abuse can vary slightly depending on the circumstances of your case. However, you generally have three years from the incident. Do not wait to contact an attorney. You want to make sure that you do not give up your right to seek compensation by missing the deadline to bring an action.
Remember that we guarantee a free consultation to discuss your potential case. And, you never have to pay anything upfront. There are no fees for our services unless and until we are successful in winning money for you.
How Our Brooklyn Nursing Home Abuse Lawyers Can Help
The Rothenberg Law Firm’s
Brooklyn personal injury lawyers are determined to hold facilities accountable when they endanger aging family members. We offer vigorous advocacy to help you
recover monetary compensation for medical care, mental anguish, and other damages. Our firm has won billions in verdicts and settlements for our clients over the years. Our work in all practice areas related to personal injury gives us the experience you need to fight for your loved one. Know that in the event that you retain one of our nursing home abuse lawyers, we will marshall all of our substantial resources to take on even the toughest institutions.
We oversee every aspect of your case, from collecting key evidence to navigating local and federal laws, negotiating a settlement, or taking your case to trial. Civil action is more than a tool to find justice for your loved one. It sends a clear message that elderly abuse will not be tolerated, and facilities will be held accountable.
Call to schedule a free case evaluation today if you suspect a family member is being abused or neglected at a Brooklyn nursing home. We have decades of experience representing clients throughout Brooklyn and New York City. And with a
Brooklyn law office, we are able to more effectively serve clients throughout Brooklyn.
We offer representation to everyone on a contingency fee basis. That means we only get paid if we secure compensation on your behalf. In other words- we do not take any money unless and until we win money for you.