Caring for an aging loved one is never easy. When you reach out to a nursing home for assistance, you want to rest assured knowing that your loved one will receive the attention they need to continue to thrive. Unfortunately, many nursing home staff members take advantage of the elders who come into their care.
You can take action in the face of a loved one’s nursing home abuse. In collaboration with a nursing home abuse lawyer in Southampton, you can bring a civil suit to the attention of a county clerk. At Dalli & Marino, LLP, our law office will stand with you as you defend your loved ones’ right to considerate and comprehensive care.
Contending With Different Forms of Elder Abuse in Southhampton, NY
There is no single form of nursing home abuse that elders can fall victim to over time. Instead, the most common forms of nursing home abuse range from financial to physical and emotional.
Financial Abuse in Nursing Homes
Proving financial abuse has one of these simpler tasks that family representatives may have when faced with suspicions of abuse. To track financial abuse, all you have to do is keep an eye on your loved one’s bank account or cash deposits.
That said, family members with memory problems may be resistant to this kind of oversight. The good news is that regular check-ins can help you prevent a nursing home from misusing the funds you’ve allocated for your loved one’s care.
Physical Abuse in Nursing Homes
Physical abuse, like financial abuse, can leave behind a physical trail of evidence. However, physical abuse often elicits a sense of shame within its victims. Your loved ones may attempt to hide signs of physical abuse if they feel as though they should have more opportunities to defend themselves from harm.
Some of the most common signs of physical abuse in nursing home residents include:
- Unexplained bruises
- Broken or fractured bones
- Lack of personal hygiene
- Withdrawal from social events
- Decreased mobility
You can collaborate with family members to keep track of your loved one’s health over time.
Emotional Abuse in Nursing Homes
Of all of the forms of abuse that elders can fall victim to, emotional abuse is the most difficult to prove. Emotional abuse can take on a variety of forms, from deliberate negligence in isolation to direct belittlement.
While it can, again, be difficult to present the data indicating emotional abuse, you can still watch for signs of a decrease in mental health when you visit your loved one in a nursing home. More often than not, uncharacteristic withdrawals, increased isolation, and/or rapid mood swings can indicate emotional abuse in a nursing home.
Taking Legal Action on a Loved One’s Behalf in Southampton
If you suspect that your loved one has fallen victim to any manner of nursing home abuse, it may be instinctive to try and take a case to court on their behalf. Before you file a claim, however, you need to make sure that you have the right to represent your loved one’s best interest before a judge.
According to New York law, only personal representatives can bring forward a nursing home abuse case on an injured elder’s behalf. These parties are also referred to as your loved one’s personal executors.
The Statute of Limitations for Your Nursing Home Abuse Claim
What’s more, you must submit a claim citing nursing home abuse within the statute of limitations applicable to personal injury cases within the state. New York Civil Practice Law & Rules section 214 limits your actionable time to three years.
If you try to file a nursing home abuse claim outside of this deadline, the state’s civil courts have the right to dismiss your case without considering the data you have on hand. Fortunately, you are under no obligation to try and compose a nursing home abuse claim without assistance.
As soon as you suspect your loved one may be a victim of any form of nursing home abuse, you can meet with our lawyers. The nursing home abuse attorneys in Southampton can take on the logistics of building your claim while you focus on relocating your loved one into a safer environment.
The Financial Benefits of a Nursing Home Claim in Southhampton
Contending with nursing home abuse can be an expensive endeavor. If your loved one shows signs of physical injury, you need to get them the treatment they need to recover. Instances of emotional abuse may also require therapy.
Financial abuse is often the more difficult to address, in terms of reparations. Fortunately, you can work with an Southhampton nursing home abuse attorney to determine how a claim may see your loved ones’ assets returned to them.
Calculating Nursing Home Abuse Damages
Specifically, filing a nursing home claim with the assistance of a Southhampton nursing home abuse lawyer can help you reclaim damages on behalf of your loved one. These damages are based on the loss of your loved one allegedly entered due to their long-term abuse.
You can use these damages to pay for your loved one’s essential medical care. You can also rely on this support wily replacing any property that was damaged or lost due to their nursing home abuse.
When you represent another party in court, said court may issue stipulations regarding how it expects you to use your damages. These stipulations may limit your access to compensation or may dictate the spending of a percentage of your damages on a particular service. You can work with our attorneys to better understand any stipulations applied to your case.
Contact a Southampton, New York Nursing Home Abuse Lawyer Today
The elderly population is one of the most vulnerable to abuse. While nursing home staff members are supposed to protect your loved ones from harm, they can instead inflict undue financial, emotional, or physical stress onto the people you care about.
If you suspect that your loved ones have fallen victim to nursing home abuse, contact our Dalli & Marino, LLP. The nursing home abuse lawyers in Southampton are prepared to help you take a civil case to court on a loved one’s behalf. You can contact us at (888) 465-8790 or schedule your first case consultation via our contact form.
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