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Reviewed by an award-winning attorney at DALLI MARINO
Salvatore Marino, Esq. is a founding member of Dalli & Marino, LLP, and has been the managing partner since the firm’s inception in 1996, representing clients in New York City, Brooklyn, Bronx, Queens, Staten Island, Nassau County, Suffolk County and Westchester.
Your Trusted Adult Foster Care Abuse Lawyer
Caregivers, adult foster care providers, and facility operators have a legal duty to protect residents from harm and provide a safe, respectful living environment. Unfortunately, many adult foster care facilities fail to meet this responsibility, placing vulnerable residents at risk of abuse and neglect. Physical abuse, emotional mistreatment, neglect, unsanitary living conditions, medication errors, financial exploitation, and failure to provide adequate supervision are just some of the dangerous conditions that can cause serious injury or suffering to elderly and disabled adults.
In New York, some of the most vulnerable people in our communities are older adults who require some form of assistance and care. Sadly, individuals with sinister intentions prey on this susceptibility and see elderly individuals as easy targets for abuse. It’s a sad reality that, all too frequently, this type of abuse comes from people who are trusted to look after our elderly loved ones.
According to the National Council on Aging, an estimated five million elderly citizens are abused each year. While only about one in 14 cases of elder abuse are reported, this alarming figure demonstrates how significant this threat is. If you are being abused in adult foster care or believe your elderly loved one is a victim of abuse, don’t hesitate to retain legal help by calling an experienced lawyer. Dalli & Marino is one of New York’s most successful nursing home abuse law firms. We provide compassionate legal representation to abuse victims and their families across New York to secure the compensation our clients deserve.
What Is Adult Foster Care in New York?
Adult foster care homes in New York are residential facilities intended to provide care, safety, and supervision for disabled and older adults who cannot properly care for themselves but do not require continuous medical or nursing care. Adult foster care homes offer different assistance levels to their residents and can vary from shared living spaces to private apartments.
The main objective of adult foster care is to provide elderly, disabled, or mentally unwell people with health professionals or caregivers whenever they need them. For that reason, caretakers must easily reach a facility’s residents and usually have private and direct access. As many residents suffer from mental or physical disabilities, they are left vulnerable to a caregiver’s mercy. Regrettably, some of these caregivers use this dependence to exploit older adults, exposing them to financial, physical, or emotional abuse.
What Are Signs of Adult Foster Care Abuse?
Family members need to be vigilant and aware of any signs of abuse to their loved ones in adult foster care and long-term care facilities. Abuse within an adult foster care facility can be challenging to identify and hard to prevent. The main thing is to understand and be conscious of the possible signs and symptoms of adult foster care abuse.
Adult foster care abuse can occur in different ways. Some of the most prevalent types include:
- Neglect
- Physical abuse
- Sexual abuse
- Emotional abuse
- Mental anguish
- Financial exploitation
- Healthcare fraud or abuse
People often consider the proof of elder abuse or neglect as the effects of the frailty or dementia that can occur with aging. Suppose your loved one lives in an adult foster care facility. In that case, it’s essential that you are particularly mindful of mysterious, unexplained injuries that can range from small bruises and cuts to broken bones and brain injuries.
If your loved one suddenly expressed abrupt mood changes or fear of individual caregivers at their adult foster care facility, those are also red flags for potential abuse. Paranoia, secrecy, and nervousness can even be symptoms of psychological and emotional abuse. You should also keep an eye on the potential for financial exploitation. Consider reviewing your loved one’s financial statements and bills every so often to ensure that there is no suspicious activity that may indicate financial abuse from a foster home caregiver.
What Damages Are Recoverable in a Lawsuit for Adult Foster Care Abuse?
If you or your loved one has suffered abuse while in adult foster care in New York, you might be entitled to file a lawsuit against the adult foster care facility to recover reimbursement for your losses. Dalli & Marino, adult foster care abuse lawyers, fight to secure financial compensation for clients in New York that can be classified into two groups: compensatory damages and punitive damages.
Compensatory damages include reimbursement for:
- Medical costs
- Physical abuse
- Neglect
- Pain and suffering
- Malnutrition
- Dehydration
- Disfigurement
- Lost wages
A judge may also decide to award punitive damages in situations where the offender’s acts were particularly indefensible and exceed ordinary negligence, like when a caregiver maliciously neglects a resident to the point where they develop severe bedsores. Punitive damages are not meant to compensate the victim for their losses but to punish the defendant for appalling acts and deter others from behaving similarly.
