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Reviewed by an award-winning attorney at DALLI MARINO
John Dalli, Esq. is a founding member of Dalli & Marino, LLP, and has been litigating and trying complex personal injury and medical malpractice matters in New York City, Brooklyn, Bronx, Queens, Staten Island, Nassau County, Suffolk County and Westchester since 1996.
Unfortunately, however, these adult day care facilities sometimes fail to provide adequate care to our senior loved ones when they’re most vulnerable. This abuse and neglect may be inflicted by staff members, other patients, and even visitors. When institutional mistreatment results in unnecessary injuries, pain, and emotional or monetary damage, it’s often referred to as adult day care negligence. If you have reason to believe that your loved one has been abused or neglected at an adult day care center, reach out to the experienced New York elder abuse and neglect attorneys at Dalli & Marino.
What Is an Adult Day Care, and How Does It Differ from a Nursing Home or Senior Center?
Adult day care centers are designed for older individuals who need help with daily living or who are isolated and lonely. At these centers, seniors can socialize with others while receiving assistance and supervision. These facilities can be especially useful for those who desire social interaction, can’t be safely left alone at home, or can’t structure their own daily activities.
These centers differ from nursing homes and assisted living facilities because they usually only operate during normal business hours during the week, though some centers also offer additional services during evenings and weekends. Unlike senior centers, which are generally sponsored by recreational departments and targeted at healthy older adults, adult day care services are a resource meant for those with physical limitations or limited functionality.
Signs of Abuse and Neglect at an Adult Day Care Center
There are many emotional, behavioral, and physical symptoms that may indicate abuse and neglect. It’s crucial to actively engage with your elderly loved one and remain on the lookout for behavior changes. If your loved one lives with you, taking an active interest in their day-to-day life may clue you in when something is wrong. Some examples of abuse can include:
- Physical abuse: Anything that causes your loved one bodily injury, physical pain, or impairment is considered physical abuse.
- Sexual abuse: This is considered nonconsensual sexual contact of any kind and is a form of mistreatment that’s frequently unreported and under-investigated.
- Financial abuse: Considered the most common type of elder abuse, financial exploitation is defined as the improper use of an individual’s funds, property, or assets.
- Verbal abuse: Adult day care abuse that’s being carried out verbally can have detrimental effects on the patient’s mental and emotional state.
- Neglect: If the adult day care center fails to provide basic needs, your loved one is likely facing some form of negligence.
An adult day care has a legal duty to monitor the elderly and at-risk residents that they supervise. If the facility and its staff are negligent and fail to appropriately monitor their temporary residents, they may be held liable in an adult day care negligence lawsuit.
Suing an Adult Day Care for Injuries or Wrongful Death
If you suspect that your loved one was injured while in the care of an adult day care program, speak with an adult day care negligence and abuse attorney at Dalli & Marino who may be able to advise you of your rights and the potential value of your damages. This could include payment for medical bills, lost wages, lost services, loss of earning capacity, emotional trauma, and physical pain and suffering.
Note that some lawsuits need to be filed before the forthcoming expiration date, known as the statute of limitations. As such, it’s essential that you call or contact us right away to ensure that you don’t waive your right to compensation.