New York City Nursing Home Abuse Lawyer

When you place your elderly family member in a nursing home, you’re trusting the nursing home  and its staff to care for and respect them. When that trust is broken in the form of elder abuse and neglect, it can lead to serious illness, severe injury, psychological damage, and even death.

At Dalli & Marino, we understand how stressful it can be to watch your loved ones face any form of trauma, pain, or distress. We are a firm of successful nursing home lawyers in NYC whose verdicts and settlements have recovered hundreds of millions of dollars for our clients since 1996. Our team of highly skilled trial attorneys approaches each case on an individual basis, and we’re dedicated to fighting for the rights of those facing any form of abuse and neglect. If you believe that a family member is being subjected to a harmful or neglectful situation, contact the trusted New York City nursing home abuse attorneys at Dalli & Marino.

Nursing Home Abuse Lawyers Near Me

Finding a reputable New York City Nursing Home Abuse Lawyer close to you is crucial when confronting the distressing reality of nursing home abuse. Our centrally located office in Manhattan at Five Penn Plaza, 19th Fl., New York, NY 10001, offers convenient access for families and individuals seeking legal assistance. You can reach us at (516) 292-4700 (212-796-5311) to discuss your case and learn how we can help.

Our office is well-connected by various modes of public transportation, making it easily accessible. If you’re traveling by subway, the 1, 2, or 3 lines to 34th Street Penn Station offer the closest stops, just a short walk away from our office. For those preferring bus services, several MTA buses stop near Penn Plaza, including the M4, M34A, and M20, providing convenient options from multiple directions.

Why Should I Hire a New York City Nursing Home Abuse Lawyer?

It’s an unfortunate reality that not all nursing homes operate in  the best interests of their residents. In New York City, cases of nursing home abuse have sadly seen a rise, tarnishing the image of these vital facilities. Whether it’s physical, emotional, or financial abuse, the repercussions on the elderly residents can be severe, leaving them in fear, discomfort, and distress. From bedsores caused by lack of proper care, to psychological traumas inflicted through ill-treatment, these abuses are significantly alarming and indicate an urgent need for legal intervention.

As experienced trial lawyers, we aggressively advocate for the victims of nursing home abuse in New York, the Bronx, Brooklyn, Long Island, Queens, Staten Island, or Westchester County. We strive to build strong relationships with our clients through trust and communication to ensure that we fully understand your needs. Our highly skilled NYC nursing home abuse lawyers approach each case on an individual basis and are dedicated to helping you recover the money necessary to compensate for any abuse or neglect.

• Physical injuries: Amputations, bedsores, burns, fall, spinal injuries, and fractures can result from physical abuse or neglect. In some instances, improper use of restraints or medication could also lead to physical harm.
• Negligence: Medication error, wrongful death, malnutrition and dehydration, poor personal hygiene, or unsanitary living conditions. These can be indicative of neglect by the nursing home staff, wherein they fail to provide basic necessities or maintain a safe environment for the residents. – Psychological abuse: Mocking, belittling, isolation, or emotional manipulation might cause mental and emotional distress among residents. These often go unnoticed but have equally destructive long-term impacts on the individual’s health.
• Financial exploitation: Unexplained withdrawals, sudden changes in estate, financial documents, or wills can indicate a financial exploitation of the elderly resident. Often, these actions are perpetrated by those trusted with the resident’s care, making them difficult to detect.

Abuse in Nursing Homes: What Is It and How Do I Prevent Nursing Home Abuse?

Unfortunately, 1 in 6 of those over the age of 60 experienced abuse in community settings during the past year, according to the World Health Organization. The Administration on Aging defines elder abuse to be “any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult.” Preventing such abuse involves vigilance in monitoring the care and conditions experienced by residents, educating staff and families about the signs of abuse, including:

• Physical signs such as unexplained injuries, bruises, welts, or cuts, sudden weight loss, frequent infections, or unattended medical needs.
• Emotional signs such as withdrawal from activities, changes in alertness, or unusual depression.
• Sexual abuse signs like bruises around breasts or genitals and unexplained sexually transmitted diseases.
• Behavioral changes such as frequent arguments or tension between the caregiver and the elderly individual, changes in sleep patterns or drastic mood swings.

Abuse in nursing homes encompasses a range of harmful behaviors towards elderly residents, including physical, emotional, and financial mistreatment. It is a violation of trust and dignity that can have lasting impacts on the health and well-being of our loved ones. Preventing nursing home abuse requires vigilance, awareness, and proactive steps by residents and their families. Strategies to help prevent nursing home abuse in New York City include:

• Understand your rights as a nursing home resident or their loved one: Every resident has legal rights and protections under federal and state law, including the right to be treated with respect, receive appropriate care, and live in a safe environment.
• Conduct a thorough research of the nursing home: Before choosing a facility, research its history, read reviews, and check its ratings on health care and elder abuse prevention websites. Look for any red flags or history of violations.
• Learn about the common signs of nursing home abuse and neglect: Recognizing signs of abuse, such as unexplained injuries, sudden changes in behavior, or poor hygiene, can help you act quickly if abuse is occurring.
• Visit your loved ones as often as you can, and take note of their overall health and state of mind: Regular visits not only boost the resident’s morale but also allow you to monitor any changes in their condition or treatment.
• Maintain open lines of communication with the nursing home staff: Building a relationship with the caregivers and administration can facilitate better care and make it easier to address any concerns that may arise.
• Consider using tech support such as wearable devices and monitoring health data: Technology can play a crucial role in ensuring the safety and well-being of nursing home residents by tracking their health and alerting them to any potential issues.
• Report nursing home abuse to the management: If you suspect abuse, report it to the nursing home management immediately. Documentation and details of the incidents will support your concerns.

If no action is taken, file an official complaint with the appropriate state or federal regulatory body to ensure the issue is investigated and addressed. Taking these steps can significantly contribute to preventing nursing home abuse and ensuring the safety and dignity of our elderly loved ones.

Examples of Nursing Home Abuse in New York City

In recent times, our law firm has encountered numerous nursing home abuse cases within New York City that underline the urgent need for legal intervention. One particularly harrowing incident involved an elderly man in a Brooklyn assisted living facility who, due to confusion from his dementia, ingested a chemical cleaner mistaken for cranberry juice, which was irresponsibly left out in the kitchen near his unit. Tragically, he passed away five days later.

Another grave case saw a female resident, rendered immobile by multiple sclerosis, being sexually assaulted by an attendant at a nursing home. The perpetrator had taken the measures to block the entry to her room with a chair, ensuring privacy for his heinous act.

Additionally, we represented an elderly man from Nassau County who experienced a troubling lack of care, falling three times within his first week at a nursing home.  The last fall resulted in his death.

Each of these cases starkly illustrates the various forms of neglect and abuse that can occur in these facilities, emphasizing the critical need for vigilant legal representation for our most vulnerable citizens.

How to Prove Nursing Home Abuse in New York City

If your loved one was injured because of negligent or abusive behavior, you can  hold that facility responsible. New York has special laws and regulations that govern resident care in nursing homes, and if the nursing home violated these rules and your loved one was injured, you may have a viable claim. In New York, there are several ways to approach these  type of cases.  Each approach is dependent on the l  facts and circumstances of the case.

Negligence

One legal theory that can be used to establish liability for a fall is negligence, which is defined by the following terms in Black’s Law Dictionary 1133 (9th ed. 2009):

“Failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.”

For example, let’s say a nursing home staff member is told about a spill but doesn’t place a warning sign around the spill or clean it up within a reasonable amount of time. If a resident then slips and falls on the wet floor and injures their hip, the nursing home facility may be held liable for that resident’s injury because the staff failed to clean up the spill in a timely manner or warn residents of the danger.

In New York, to prove negligence, you must establish that there was a duty owed to the plaintiff by the defendant, a breach of that duty and that the injury was caused by that breach. In this case, the nursing home staff owed a duty to its residents to keep the facility free of hazards, the staff breached this duty by failing to clean up the spill, and the plaintiff suffered damages because of the fall. Thus, the elderly resident could most likely hold the nursing home liable for their injuries.

What is the New York Elder Abuse Prevention Act?

The New York Elder Abuse Prevention Act is a comprehensive law designed to bolster the safety and security of the state’s elderly population by establishing clearer reporting protocols, protective measures, and promoting education and training. This legislation addresses the pressing need to protect vulnerable seniors from various forms of abuse, neglect, and financial exploitation, ensuring a supportive and secure environment for them to live in dignity.

Statute of Limitations for Nursing Home Abuse Lawsuits in New York

One of the first things you’ll want to consider when you file a lawsuit on behalf of your injured loved one is the limited amount of time you have to act. This deadline is called the statute of limitations and varies depending on the claim.

For a personal injury claim in New York, you generally have three years to file a negligence lawsuit in accordance withN.Y. C.P.L.R. § 214(5). However, there are exceptions to this rule that can extend or reduce the amount of time you have to bring a claim. The time to file a lawsuit will depend on the facts and circumstances of your case.

When Should I Contact a New York City Nursing Home Abuse Lawyer?

You should reach out to a New York City nursing home abuse lawyer as soon as you suspect any form of abuse or neglect. Early intervention is crucial in these cases, as it allows the lawyer to gather fresh evidence, consult with medical experts, and start building a strong case on behalf of the victim.

Whether you’ve noticed physical injuries, emotional changes, or financial discrepancies in your loved one’s situation, immediate legal consultation can make a significant difference in protecting their rights and well-being. Don’t wait for the situation to escalate—getting legal help early can be pivotal in seeking justice and preventing further harm.

What is Considered a Fall In a Nursing Home?

In nursing homes, a fall is defined as any event where a resident unexpectedly comes to rest on the ground or lower level, not due to an intentional change in position. There are a number of reasons why elderly nursing home residents fall, including:

• Lack of monitoring by staff
• Lack of assistance to complete a task (e.g., go to the bathroom)
• Unsafe environment (e.g., bad lighting, uneven floors, faulty equipment or furniture)
• Medication side effects, including improperly administered medicine

Adverse consequences of such a fall may include:

• Reduced quality of life
• Increased fear of falling and restriction of activities
• Decreased ability to function
• Serious injuries
• Increased risk of death

How To Prevent Falls in Nursing Homes

It’s important that you and your loved one ask the nursing home management staff about their fall prevention practices. Aging and illness may not be avoidable, but they can be managed, and environmental factors that increase the risk of nursing home falls can be addressed. Here are a few general strategies that may apply to reduce your loved one’s risk of falling:

• Staff should provide medications to residents who are prone to fainting: This can help calm their nervous system and reduce the risk of falls due to sudden dizziness or disorientation. In addition, the environment should be kept free of clutter and have plenty of support, like handrails, to aid in movement.
• Proper training of nursing staff: It is critical that all nursing home staff understand how to safely assist residents in their day-to-day activities, like walking or getting out of bed. Frequent training and re-certification can help ensure they are prepared to prevent falls.
• Regular exercise for residents: Encouraging residents to engage in physical activity can strengthen their muscles, improve their balance, and ultimately reduce their risk of falling. It is necessary to provide safe and suitable exercise programs adapted to their abilities.
• Effective use of assistive devices: Make sure the residents have access to and properly use walkers, wheelchairs, or other assistive devices if required. These aids can provide the necessary support to prevent falls and improve mobility.
• Regular assessment of residents’ health: Routine medical assessments can identify changes in residents’ health status that might increase their fall risk, such as changes in medication, vision problems, or progression of a chronic illness.

How Can I File a Nursing Home Abuse Lawsuit?

Filing a nursing home abuse lawsuit in New York City is a legal process aimed at seeking justice and compensation for victims of nursing home abuse and their families. This legal action is not only about holding the wrongdoers accountable but also about ensuring that similar mistreatment does not happen to other vulnerable residents.

1. Initial case evaluation and investigation: The first step in filing a nursing home abuse lawsuit involves an initial case evaluation with a qualified New York City nursing home abuse lawyer. During this meeting, you’ll discuss the details of the abuse, gather evidence such as medical records, eyewitness accounts, and any photographic or video evidence of the abuse.
2. Initial complaint: Once your attorney deems your case viable, the next step involves drafting and filing an initial complaint against the nursing home or responsible parties, outlining the specifics of the abuse, the injuries sustained by the victim, and the compensation being sought. The complaint is filed in a civil court, marking the formal start of your lawsuit.
3. Discovery phase: After filing the complaint, both parties enter the discovery phase. During this period, each party investigates the claims and defenses of the other side. The discovery phase is crucial for gathering the evidence needed to support your case.
4. Nursing home negligence lawsuit settlements: Many nursing home abuse cases are settled before they reach trial. During the settlement phase, your lawyer will negotiate with the defendant’s attorneys to reach a compensation agreement that covers the damages suffered due to the abuse. Settlements are often preferred to avoid the unpredictability and public exposure of a trial.
5. Trial: If a settlement cannot be reached, your case will go to trial. During the trial, both sides will present their evidence and arguments to a judge or jury, who will then make a decision regarding liability and damages.
6. Damages: If the court finds in your favor, it will award damages for the harm suffered. These can include compensatory damages for medical expenses, pain and suffering, and punitive damages intended to punish the nursing home for their negligence.
7. Disbursement: Following a successful verdict or settlement, the awarded compensation will be collected and disbursed. Your attorney will ensure that the funds are properly allocated to cover legal fees, outstanding medical bills, and any other agreed-upon expenses, with the remainder going to the victim or their family.

Each of these steps is integral in the process of holding nursing homes accountable for abuse and securing justice and compensation for victims and their families.

Who Can I Sue For Nursing Home Abuse in NYC?

In the unfortunate event that your loved one becomes a victim of nursing home abuse in NYC, understanding who can be held legally accountable is crucial for seeking justice. The specific circumstances of the abuse will dictate the appropriate defendants in a lawsuit. Typically, parties that can be sued include:

• The nursing home facility: As the primary provider of care, the facility itself can be sued for failing to ensure the safety and well-being of its residents. This includes instances of neglect, inadequate staffing, or lack of proper training for employees.
• Individual staff members: Employees who directly committed the abuse, whether through physical harm, emotional mistreatment, or financial exploitation, can be held personally liable.
• Management companies: If the nursing home is operated by a larger corporation or management company, they can also be held responsible for systemic issues that lead to abuse, such as cutting corners on care or failing to properly vet employees.
• Third-party contractors: In some cases, third parties, such as outside medical providers, maintenance staff, or other service providers who are not directly employed by the nursing home, may be liable if their actions contributed to the abuse.

New York City Nursing Home Abuse Lawyer: FAQs

Why does nursing home abuse happen in New York?

Nursing home abuse in New York often occurs due to understaffing, insufficient training of staff, and inadequate oversight of operations. These factors create an environment where neglect and mistreatment can thrive, often unnoticed, until serious harm befalls the residents.

What is the most common form of abuse in nursing homes?

The most common form of abuse in nursing homes is neglect. Neglect encompasses a failure to provide basic care, which can lead to a variety of issues including malnutrition, dehydration, bedsores, and a lack of proper medical attention. This passive form of abuse is often a result of understaffing or inadequate training of the nursing home staff.

How common are nursing home falls in New York City?

According to the New York State Department of Health, falls are a significant concern in New York City’s aging population. Statistics reveal that falls are the leading cause of injury deaths, hospitalizations, and emergency department visits among residents aged 65 and older statewide. Annually, around 900 elderly individuals succumb to injuries from falls, and over 132,000 incidents necessitate hospital care.

Can you sue a nursing home for a fall?

If a fall was caused by a lack of attention or care by the nursing home staff—whether it was because of improper monitoring or a hazard in the facility that was not taken care of—the nursing home could be liable for the injuries their negligence caused. If your loved one has fallen at a nursing home facility and you suspect that the fall occurred because of negligent care or the negligent maintenance of the facility, please don’t hesitate to contact the New York City nursing home abuse lawyers with Dalli & Marino today.

How long does a nursing home abuse lawsuit take?

The duration of a nursing home abuse lawsuit in New York City can vary significantly depending on the complexity of the case, the amount of evidence to be collected, and the willingness of both parties to reach a settlement. Generally, these lawsuits can take anywhere from a few months to several years to resolve, especially if the case proceeds to trial.

Contact the Experienced and Compassionate Attorneys at Dalli & Marino For Help

Dalli & Marino LLP is a premier nursing home negligence and elder abuse law firm in New York City, Long Island, New Jersey, and Connecticut. Our NYC nursing home abuse attorneys are familiar with all major nursing home facilities in the New York metropolitan area and has been fighting for the rights of nursing home residents for over 20 years. The New York Nursing Home Abuse Lawyers at Dalli & Marino have won millions of dollars for victims of nursing home negligence. Here’s how we can assist:

• Thoroughly investigating the circumstances surrounding the abuse and gathering critical evidence.
• Providing expert legal advice and outlining your options for pursuing justice.
• Handling all communications and negotiations with nursing home facilities and their insurance companies.
• Filing a comprehensive lawsuit on your behalf, aimed at holding all responsible parties accountable.
• Advocating for your rights and the best possible outcome, whether through settlement negotiations or at trial.
• Offering support and guidance throughout the legal process, ensuring you and your loved ones are treated with respect and dignity.

At Dalli & Marino, our commitment is to stand by your side, offering the legal expertise and moral support needed to navigate these challenging times. Contact us to discuss your case and learn more about how we can help you fight against nursing home abuse in New York City. Obtain Legal Consult Now