Bronx Nursing Home Abuse Lawyer

Deciding on a nursing home for an elderly loved one in your life is never simple or easy. There are many factors to consider, like whether they will be happy and well cared for during the times you can’t be there. Unfortunately, not all nursing homes are reliable, and nursing home abuse is a genuine threat to the elderly who are the most vulnerable and deserve the most respect.

According to the National Council on Aging, up to five million American residents, or one in every 10 Americans aged 60+ years are abused every year. Unfortunately, only one in 24 elder abuse cases is reported to the authorities.

The Bronx nursing home abuse attorneys at Dalli & Marino, LLP protect people’s rights, serving the Bronx and the greater New York Metropolitan Area with a dedicated staff of attorneys who focus on nursing home abuse and elder abuse cases. We recognize the challenge you face and the concern you may now have for your family member’s safety and well-being in a nursing home. Our success in obtaining favorable verdicts and settlements for our clients is a direct consequence of our unwavering dedication. If your loved one is suffering from nursing home abuse in the Bronx, we can help.

Nursing Home Abuse Lawyers Near Me

Finding a trusted Bronx nursing home abuse lawyer is crucial for advocating for the rights of those subjected to abuse in long-term care facilities. If you or a loved one has experienced elder mistreatment, you can rely on us to support you through these challenging times.

Our office is located at 3010 Eastchester Rd, Bronx, NY 10469. It is a short walk from the Gun Hill Rd Subway Station, served by the #5 train. We are close to familiar landmarks like the Eastchester Library and the Holy Rosary and Nativity of Our Blessed Lady Roman Catholic Churches. For more information or to schedule a consultation, please call us at 516-407-8243.

What is Nursing Home Abuse?

Nursing home abuse refers to harmful behaviors directed at the residents of long-term care facilities, including physical, emotional, sexual, and financial abuse, as well as neglect and exploitation in the form of deprivation of goods or services necessary to maintain the elder’s health or well-being.

Despite its severity, nursing home abuse is widely underreported, often due to the victims’ fear of retaliation, lack of cognitive ability to report, or the belief that their claims will not be taken seriously. This silence around the abuse exacerbates the problem, allowing it to continue unchecked in too many instances. This is why identifying and addressing nursing home abuse is crucial to protect our most vulnerable citizens, and prioritize their well-being.

Examples of Abuse in Nursing Homes in the Bronx

Nursing home abuse is a heart-breaking reality that is prevalent in far too many nursing homes in the Bronx and the city in general. In 2019, we negotiated a settlement of $750,000 with a nursing facility in the Bronx County that left one of its residents in a wheelchair for extended periods of time without proper cushioning.

New York Attorney General James’ office has alleged how facilities like the Beth Abraham Center for Rehabilitation and Nursing in the Bronx neglect their residents, with one resident even breaking her hip because no one listened to her calls for assistance to the bathroom.

Types of Elder Abuse in Nursing Homes in the Bronx, NY

The Centers for Disease Control & Prevention (“CDC”) reports that elder abuse and neglect can be broken down into six main categories:

• Physical abuse: This involves any form of physical harm or force used against a nursing home resident that results in injury, pain, or impairment. It can include hitting, pushing, slapping, or improperly restraining residents.
• Sexual abuse: Sexual abuse refers to any nonconsensual sexual contact with an elderly resident. This can range from unwanted touching to more severe forms of sexual assault or exploitation.
• Emotional abuse: Also known as psychological abuse, this type of mistreatment affects the emotional well-being of the resident. It can involve verbal assaults, threats, intimidation, or other actions that cause sadness, anxiety, shame, or fear.
• Neglect: Neglect occurs when the nursing home fails to provide adequate care or meet the basic needs of the resident, including food, water, medication, personal hygiene, or comfort. It can lead to serious health issues or exacerbate existing conditions.
• Abandonment: Abandonment is a form of neglect where a resident is left alone without any care or supervision, often in a situation where they are unable to care for themselves, putting their health and safety at risk.
• Financial abuse: This type of abuse involves the unauthorized or improper use of an elderly resident’s funds, property, or assets. It can range from stealing cash to misusing a resident’s credit cards or coercing them into altering a will or a contract.

Nursing homes are mandated by law to provide the required care for each resident in facilities in the Bronx County. However, there are facilities and people within them that injure nursing home residents who are among the most vulnerable members of our society.

Signs of Nursing Home Abuse

When visiting your loved one at a nursing home in the Bronx, be sure to look for the following signs that may indicate abuse or neglect:

Physical Abuse:

• Cuts, scrapes, or bruises: These may appear in patterns that suggest restraint or rough handling, and often, the explanations provided by staff do not match the injury’s location or severity.
• Broken bones: Fractures, especially hip fractures, can be a sign of falls or rough treatment. Repeated breaks may indicate a pattern of abuse.
• Burns: Unexplained burns might suggest deliberate harm, including cigarette burns or scalds from hot liquids.
• Unusual hair or tooth loss: This could be indicative of rough treatment, such as hair being pulled or violent physical confrontations resulting in dental damage.
• Signs of restraint: Marks on the wrists or ankles suggest the resident has been tied or forcibly restrained.
• Fearfulness or flinching: Residents may show signs of fear around certain staff members, flinching at touches or sudden movements, indicating long-term effects of physical violence.

Emotional Abuse:

• Verbal assaults, insults, and threats: Caregivers or other residents may use hurtful words or threats, leading to fear, stress, and decreased self-esteem.
• Humiliation and ridicule: Making fun of a resident, their habits, or their appearance can deeply hurt their sense of dignity and self-worth.
• Withdrawal and isolation: Preventing a resident from interacting with others, either by physically isolating them or by making them feel unwelcome in communal activities, may exacerbate feelings of loneliness and abandonment.
• Ignoring or silent treatment: Deliberately ignoring a resident’s needs, requests, or presence sends a clear message of insignificance and neglect.
• Intimidation through gestures or actions: Non-verbal cues like glaring or destroying personal belongings can instill fear and helplessness among residents.

Sexual Abuse:

• Bruises or injuries around the breasts or genital area: These may indicate forced sexual contact or assault.
• Unexplained sexually transmitted diseases (STDs): The presence of STDs in an elderly person who is not sexually active or whose sexual activity with another adult is consensual can be an indicator of sexual abuse.
• Sudden changes in behavior or mood: Sexual abuse survivors may exhibit symptoms such as fear, anxiety, withdrawal, or aggression, especially in the presence of the abuser.
• Torn, stained, or bloody underclothing: This could be a physical sign of sexual assault or abuse in the nursing home.
• Bleeding from the genital or anal area not attributable to medical conditions: Such bleeding may suggest trauma resulting from nonconsensual physical sexual activity.
• Emotional withdrawal or depression: Your loved one might become suddenly withdrawn, show signs of depression or addiction, or exhibit regressive behaviors as a coping mechanism.

Financial Abuse:

• Stolen possessions: If you notice personal items and valuables mysteriously disappearing from the resident’s room, it could mean they were taken without permission.
• Missing checkbooks, credit cards, and other financial documents: The absence of these critical financial documents suggests unauthorized access to the resident’s financial accounts or identity theft.
• Unexplained changes to the will: Sudden alterations in the resident’s will or other estate planning documents that favor one individual over others can be a red flag for financial manipulation or coercion.
• Unauthorized withdrawals or transfers: Seeing unfamiliar transactions, large cash withdrawals, or unexpected transfers from the resident’s bank account warrants further investigation into potential financial abuse.
• Excessive gifts or financial reimbursements to caregivers: Excessive gifts or payments to the nursing home staff may indicate undue influence or exploitation.
• Added names on bank accounts or property titles: The addition of someone’s name, especially that of a caregiver or a new acquaintance, to a resident’s financial accounts or property deeds without a clear justification can signify financial abuse.

Bedsores

Because nursing home abuse and neglect have become so widespread, it’s vitally important for families with beloved ones in a nursing home to be informed of possible indicators of abuse. If your loved one has voiced discomfort or you believe that they’re in pain from bedsores caused by the mistreatment they’re receiving in their nursing home, it is essential to their health and safety that you take this as a warning sign.

Bedsores are frequently the first indications of physical neglect in a nursing home. When your loved one is bedridden, immobile, or has trouble moving, they depend on nurses and other staff at the nursing home to help their circulation and stay healthy. When areas of their skin are under constant pressure, ulcers and sores can emerge. Once bedsores have developed, they can increase and extend to the muscle and bone at an alarming pace that can become fatal if not treated immediately. Ensure your loved ones receive the highest quality representation possible by contacting our team of experienced Bronx nursing home abuse attorneys today.

Brain Injuries

Brain injuries in older adults living in nursing homes are frequently the consequence of neglect. One of the most challenging elements of brain injury cases is witnessing how some nursing home staff care for our loved ones. When they are at their most vulnerable phase of life and therefore, deserve utmost care and respect, that’s when many of our senior citizens are neglected by thoughtless or underpaid nursing staff.

Brain injuries are often caused by falls due to low bed rails, overmedication, and untidy or slippery floors. When caregivers neglect to monitor residents with dementia or debilitating illnesses, there can be catastrophic consequences. You can help protect your elderly loved one by being highly conscious of the environments that might lead to a fall and a fatal brain injury.

Malnutrition

Malnutrition is a grave and often overlooked issue in nursing homes, signifying a deep neglect of a resident’s basic nutritional needs. It occurs when an individual does not receive adequate nutrients due to poor diet quality, insufficient food intake, or untreated medical conditions that interfere with nutrient absorption.

In nursing home care, malnutrition may arise from a lack of personalized care plans tailored to the dietary needs and preferences of each resident. Symptoms of malnutrition in the elderly can be subtle, including unexplained weight loss, dehydration, fatigue, weakened immune function, and slow wound healing. These signs are not only indicators of possible neglect but also contribute to a decline in the overall health of the residents, making them more susceptible to infections and diseases.

Incorrect Medication

Incorrect medication in nursing homes is a serious form of negligence that can lead to harmful – sometimes fatal – consequences for residents. This issue arises when a resident is given the wrong medication, or an incorrect dosage or medication at the wrong times. Caregivers make this mistake due to reasons like inadequate staff training, poor communication, and/or administrative errors. The repercussions of incorrect medication can be severe, leading to symptoms such as sudden changes in behavior, unexplained health deterioration, and adverse reactions or side effects. It’s imperative for family members to monitor their loved ones’ health for any signs of medication mishandling and immediately report any suspected error.

How To Report Nursing Home Abuse

If you suspect nursing home abuse in the Bronx or anywhere else, you should take immediate action to ensure the safety and rights of your loved ones. New York State provides several avenues to report such abuse.

For immediate help, you may contact local authorities, like the police or adult protective services. You can also lodge a complaint with the New York State Department of Health which oversees nursing home care. You can file a report online through their website or call their hotline at 1-888-201-4563 to speak directly with a representative who can guide you through the reporting process.

Reporting abuse is a crucial step to put an immediate end to nursing home abuse and prevent future incidents. A Bronx nursing home abuse lawyer can be an invaluable resource toward securing justice for your loved ones.

Can You Sue a Nursing Home?

You can sue a nursing home for abuse for negligence, breach of contract, and violating federal or state regulations governing long-term care facilities.

For a successful negligence lawsuit against a nursing home, your attorney will need to provide the following elements:

• Was there a duty of care owed by the nursing home to the resident?
• Was there a breach of that duty through action or omission?
• Did the breach directly cause harm to the resident?
• Did the harm result in actual damages (such as physical injury, emotional distress, or financial loss)?

New York state laws provide a strong legal framework to protect nursing home residents and ensure they receive the care and respect they deserve. For instance, under Public Health (PBH) Article 28 § 2801-D, victims of nursing home abuse or neglect have the right to file lawsuits against facilities that fail to uphold the standard of care.

How Much Can You Sue a Nursing Home For Negligence?

Determining the financial compensation for nursing home negligence hinges on several factors, including the extent of the injury, the cost of medical care required for recovery, and the pain and suffering endured by the victim. In addition, punitive damages may be sought in instances where the negligent conduct is found to be especially egregious.

It is, however, crucial to recognize the inherent challenges in establishing liability in nursing home abuse lawsuits. The intricate nature of nursing home operations and the difficulty in directly linking negligence to the harm suffered necessitate the guidance of an experienced and knowledgeable Bronx nursing home abuse lawyer. At Dalli & Marino, we are adept at navigating these complexities and meticulously examining every detail of your case so we can effectively advocate for the rights and well-being of your loved one.

Do You Suspect Nursing Home Abuse in the Bronx? Dalli & Marino Can Help

If you’re grappling with the suspicion that an elderly loved one may be suffering abuse at a Bronx nursing home, you should reach out for help.

At Dalli & Marino, we have defended the rights and dignity of the elderly across the Bronx and Metropolitan New York City area for over two decades. Our team comprises seasoned nursing home abuse attorneys, all of whom bring a wealth of experience and a compassionate approach to each case.

Renowned for our expertise, we’ve secured millions in settlements and verdicts for victims of nursing home abuse and negligence. Our attorneys meticulously screen each case themselves to ensure they understand every facet of your situation. As recognized thought leaders in elder abuse litigation, we leverage our profound knowledge and experience to fight tenaciously for the justice and compensation our clients deserve.

Bronx Nursing Home Abuse Lawyer: FAQs

What is Considered Elder Abuse?

Elder abuse encompasses any intentional or negligent act that harms or places an elder individual at risk of harm. It can occur in various settings, including nursing homes, assisted living facilities, and private homes.

Who Do You Report Abuse To In a Nursing Home?

You should report suspected nursing home abuse to the nursing home management or social worker, as well as appropriate authorities, such as the local law enforcement for immediate safety concerns and the New York State Department of Health for regulatory violations.

How Long Do You Have To Report Abuse In a Nursing Home?

You should report a Bronx nursing home abuse immediately by telephone, followed by a written report within 48 hours to the New York Department of Health. You should report any allegations of serious abuse or neglect to vulnerable persons to the vulnerable persons’ register upon discovery. These timely reporting requirements are crucial for initiating a swift response to protect the health and well-being of nursing home residents and other vulnerable individuals.

What is Nursing Home Neglect?

Nursing home neglect refers to the failure of a facility’s staff to meet the essential needs of its residents, including adequate food, water, hygiene, and medical care. This form of negligence can lead to severe physical and psychological harm, ranging from malnutrition and hygiene-related illnesses to exacerbation of pre-existing health conditions.

What Kind of Lawyer Do I Need to Sue a Nursing Home?

To sue a nursing home, you’ll need an attorney who works in elder law and has specific experience with nursing home abuse and neglect cases. An experienced Bronx nursing home abuse lawyer will know how to build a strong case on your behalf, and can ensure all aspects of the abuse or neglect are thoroughly investigated and detailed in the lawsuit.

How Long Do I Have to File a Bronx Nursing Home Abuse Lawsuit?

In the state of New York, individuals who suspect nursing home abuse have a statute of limitations of three years from the date of the incident to file a lawsuit against the facility. However, it is recommended you contact an attorney early so they have the time they need to build a robust case on your behalf.

How Much Does Dalli & Marino Charge For an Initial Consultation?

At Dalli & Marino, we understand the emotional and financial strain that can come with cases of nursing home abuse. That’s why we offer a free initial consultation to discuss the specifics of your situation. This allows us to provide you with preliminary advice and understand how we can best assist you.

Contact an Experienced Bronx Nursing Home Abuse Lawyer at Dalli & Marino for a Free Consultation

Even if you only suspect the mistreatment of an elderly loved one, can you afford to be wrong? Contact us today, and we will give you a no-obligation free case consultation. Our knowledgeable Bronx nursing home abuse attorneys will sit down with you and evaluate your case, and we will decide together whether to move forward with a lawsuit.

Your loved ones deserve the best representation they can get. You deserve it as well. The Bronx nursing home abuse lawyers at Dalli & Marino, LLP want to be there to represent you and your family. With a team of attorneys dedicated to nursing home abuse cases, we will not stop until your family is protected and has been compensated for any negligence or willful mistreatment you’ve suffered. For your peace of mind, call us today at 516-407-8243 so we can get started on your free consultation.