Table of Content
Nursing homes have a responsibility to provide well-rounded, proper care for residents. If nursing home staff are negligent and subsequently injure your loved one while they are under their care, you may be able to hold them accountable for negligence. In nursing homes, abuse can manifest through physical harm, emotional neglect, financial exploitation, and inadequate medical care. These often go unnoticed due to the vulnerability of residents and the reluctance to report.
If your loved one has been injured due to nursing home abuse and they have experienced a decrease in quality of life because of negligent care, you may be able to seek compensation for your losses. Health complications may be costly, and your loved one may have endured traumatic psychological distress due to the nursing staff’s carelessness. A skilled nursing home abuse lawyer may be able to build a strong case to hold them accountable.
What is Nursing Home Abuse?
Nursing home abuse in New York is a serious issue. Abuse in these facilities can take many forms, including physical, emotional, sexual, and financial exploitation.
Physical abuse in nursing homes may involve unnecessary restraint, rough handling, or outright violence, leading to injuries such as bruises, fractures, or even wrongful death.
Emotional abuse is another prevalent issue, where staff members may verbally harass or humiliate residents, leading to psychological trauma, anxiety, and depression. This type of abuse is often harder to detect but can be just as damaging as physical harm.
Sexual and financial abuses are equally alarming in New York nursing homes. Sexual abuse, though less frequently reported, is a horrifying violation of one’s bodily autonomy that can have drastic effects on the victim. Financial abuse involves the exploitation of residents through theft, unauthorized credit card charges, or manipulation to alter wills and financial documents.
How Common Is Nursing Home Abuse In New York?
Nursing home abuse is alarmingly common in New York, reflecting a broader national issue. According to national statistics, about 1 in 10 Americans aged 60 and older have experienced some form of elder abuse. In New York, the prevalence of nursing home abuse may be higher due to rampant corruption and fraud, resulting in the diversion of funds. Many nursing home cases go unreported, meaning the actual number of abuse incidents is likely significantly higher than what is officially recorded. This makes it crucial for families and caregivers to pay attention to whether their loved ones in nursing home facilities are safe and well-treated.
Why Are Nursing Homes Being Sued in New York?
In recent years, New York has witnessed a substantial rise in nursing home abuse lawsuits, driven by several alarming factors. Regulatory failures have left many facilities operating with insufficient oversight, allowing resident mistreatment and neglect to go unchecked. Fraudulent billing practices have diverted funds from resident care, further exacerbating the issue. As a result of such practices, there has been severe understaffing which has further resulted in inadequate care of residents. These contributing factors have sparked a surge in legal actions as victims and their families pursue justice and accountability for the suffering endured in these compromised environments.
Following are the most common reasons why nursing homes are being sued in New York:
- Failure to Provide Proper Medical Care: Many nursing care facilities fail to provide proper medical care to residents. This could mean that residents are over or under-medicated, as well as potentially being neglected and receiving no medical care and medication. Mistakes such as these can cause life-threatening and irreversible injury to residents.
- Failure to Maintain Adequate Health and Safety Policies: When nursing homes do not provide proper supervision and monitoring for their residents, when their staff is improperly or poorly trained, or if facilities are understaffed, this can lead to negligence.
- Failure to Prevent Physical or Emotional Abuse: Nursing homes that fail to prevent abuse, whether it be physical, emotional, or sexual, may be sued for the terrible damages your loved one endured due to the negligent hiring of staff by the facility.
Can I Sue a Nursing Home?
You can sue a nursing home if you or a loved one has suffered harm due to negligence. The primary individuals with the standing to file a nursing home abuse lawsuit typically include the nursing home resident who directly experienced abuse or neglect, their legal guardian if the resident is incapacitated, or a family member in cases involving wrongful death.
It is helpful to consult a nursing home abuse attorney to understand your legal options. An experienced attorney can provide crucial advice, build a strong case, and help you seek appropriate compensation for the harm endured. Given the intricacies of proving negligence and the potential for significant damages, having legal representation can increase your chances of achieving a favorable outcome.
How to Report Abuse In a Nursing Home
If you suspect negligence or abuse by a nursing home, there are steps you can take to initiate legal action against them and hold them accountable for their actions. The timeline can vary based on the amount of evidence and documentation your case requires to be successful.
- Meet with an experienced nursing home lawyer: It’s important to speak with an attorney early on to understand your legal avenues and ensure your case is handled properly from the start. An experienced lawyer can guide you through the legal process and help protect your loved one’s rights.
- Provide objective evidence such as pictures, statements, or documents: Collecting evidence like hospital reports for bedsores, photographs of injuries, and witness statements are all important for building a strong case. This documentation can substantiate your claims and demonstrate the extent of the abuse or neglect.
- Your lawyer will conduct a diligent investigation and gather necessary evidence regarding your claim: A thorough investigation by your attorney will include reviewing medical records, interviewing witnesses, and consulting with other experts to strengthen your case.
- Filing of a lawsuit against the nursing home: Once sufficient evidence is gathered, your lawyer will file a formal lawsuit against the nursing home to initiate the process of seeking compensation for the harm caused.
- Negotiate a settlement with the nursing home: Your lawyer may negotiate with the other party’s legal team to reach a fair settlement in order to resolve the case without a lengthy trial.
- Prepare a settlement agreement: After successful negotiations, your attorney will draft a settlement agreement that outlines the terms of the resolution, ensuring that all legal and financial aspects are clearly defined and agreed upon.
If your case cannot be resolved outside of court, Dalli & Marino’s experienced New York nursing home lawyers are well-prepared to litigate on your behalf. With a proven track record of successfully handling complex nursing home abuse cases, they can help build a compelling argument and present your case effectively in court. Their extensive experience in litigating similar lawsuits shows that your claim will be pursued with the dedication and skill necessary to seek justice and secure the compensation you deserve.
How Long Do You Have to Sue a Nursing Home?
In New York, the statute of limitations for suing a nursing home for abuse or negligence is generally three years from the incident date. However, if the case involves wrongful death, the statute of limitations is two years from the date of the resident’s death. It’s crucial to act promptly, as missing these deadlines could bar you from seeking justice for your loved one’s suffering or death.
How Long Does a Nursing Home Lawsuit Take?
Each nursing home abuse case is unique, and the evidence needed to build a strong case can vary significantly. As a result, the timeline for resolving such cases may fluctuate based on several factors:
- How soon you are able to retain a nursing home lawyer
- Time taken to gather evidence and documentation
- Parties involved in the claim
- Type of injuries sustained
- Administrative hurdles such as court backlog & scheduling as well as the history of settlements with the nursing home
Depending on the aforementioned factors, nursing home settlements can take a few months to up to over a year. This is why you need a skilled nursing home lawyer who can conduct a thorough investigation to build a successful case. Persuasive, objective evidence of negligence is key to winning the maximum compensation you deserve for your losses.
What is the Average Nursing Home Abuse Settlement in New York?
The average nursing home abuse settlement in New York can vary widely, often ranging from tens of thousands to several million dollars. Several factors influence the settlement or verdict amount, including the severity and type of abuse, the extent of the victim’s injuries, and the impact on their quality of life.
In addition, the strength of the evidence presented, such as medical records, witness testimony, and expert opinions, also plays a critical role in determining the settlement. Additionally, the nursing home’s history of similar incidents, financial standing, and the legal strategies employed by both sides can affect the final amount. In severe or systemic abuse cases, settlements tend to be higher due to the gravity of the harm inflicted and to serve as a deterrent against future misconduct.
How Can Dalli & Marino Help With My New York Nursing Home Abuse Case?
Hiring a Dalli & Marino attorney offers several key benefits when pursuing a nursing home abuse case in New York. First, our track record speaks for itself, with clients having won millions of dollars in settlements and verdicts in nursing home lawsuits. While no attorney can or should promise a favorable outcome, our success is a testament to our ability to secure the compensation our clients deserve.
Second, we have been practicing law for several decades. With experience dating back to 1995, we are well-versed with New York’s laws, rules, and regulations governing nursing homes. Our extensive experience allows us to navigate the complexities of nursing home abuse cases with confidence and expertise, providing clients with the best possible representation.
Further, we are diligent in our approach. Unlike other firms, our attorneys meticulously screen every case ourselves. Our commitment to help nursing home residents live their lives with dignity goes beyond individual cases – we aim to resolve your legal problems while advocating for systemic change in nursing home care.
Speak with an Experienced New York Nursing Home Abuse Lawyer at Dalli & Marino
Nursing homes have a responsibility to provide a safe and respectful duty of care for all residents that are entrusted to their supervision and care. If a nursing home fails to provide adequate care and subsequently injures your loved one, they should be held fully responsible for their careless actions. Pursuing legal action against a nursing home can be stressful, but with the experienced help of New York nursing home lawyers at Dalli & Marino, you can rest assured that they will exhaust all resources in order to achieve a successful outcome for your case.
The legal team at Dalli & Marino are New York’s most diligent and detail-oriented nursing home lawyers. We have helped victims secure the compensation they deserve since 1996 by providing award-winning representation and client-focused service. Call (888) 465-8790 for a complimentary consultation regarding your case, or fill out our contact form. We can communicate with you in English and Spanish.
