Nursing Home Abuse
Common Types of Nursing Home Abuse
Do you suspect that a loved one is being abused or neglected at a nursing home, hospital, or private care facility? If so, New York allows you to pursue both criminal and civil legal action against the liable parties. To find out more, contact New York Laywers Team You and your family may be entitled to compensation for any damages suffered. For a free case evaluation, call us today.
What Are the Different Types of Nursing Home Abuse?
Nursing home abuse can happen at even the nicest New York nursing homes. According to the National Center on Elder Abuse, between 7.6% and 10% of study participants experienced abuse. To make matters worse, the New York State Elder Abuse Prevalence Study found that for every case of elder abuse reported, there are 24 unknown cases!
As elder abuse attorneys, we've put together some information about the types of abuse that occur in nursing homes, adult day cares, and similar facilities. Here are warning signs to watch out for:
- Emotional abuse: Warning signs include changes in personality or behavior, withdrawal, depression, nervousness, or frequent arguments or tension between the patient and the caregiver.
- Physical abuse: Warning signs include unexplained cuts, sprains, fractures, bruises, or any signs of being restrained or confined (for instance, rope marks on the wrists), or the patient being kept in an over-medicated or under-medicated state.
- Sexual abuse: Warning signs include unexplained genital infections or venereal disease; torn or bloody underclothing; and vaginal or anal bleeding.
- Financial abuse: Warning signs include sudden large withdrawals from the elderly person's bank accounts; changes in regular banking habits; abrupt changes in financial documents (such as a will); and unexplained disappearance of personal possessions.
- Neglect: Warning signs include drastic weight loss, malnutrition, dehydration, bedsores; staff delaying or refusing to allow visitors to see the patient; and staff not allowing the elderly person to be alone with visitors.
Protecting Your Loved Ones from Harm
If you notice any signs of abuse, neglect, or exploitation at your loved one’s care facility, immediate action must be taken to hold the abusers responsible. Don't hesitate to contact the authorities, file a complaint, and start gathering evidence of wrongdoing. Those responsible should be held accountable.
How to Prove Nursing Home Abuse and Neglect in New York
If you or a loved one has been abused, neglected, or otherwise mistreated while in a nursing home, you’ll probably want to file a claim and hold the nursing home responsible. You may not have to go to court. If you do, the onus is on the plaintiff (the one bringing the charges) to prove that the abuse or neglect actually occurred. Initially, this may seem easy. But in court, the plaintiff will actually need to meet three different criteria to prove damages in a nursing home abuse case. Once you bring the case to New York Lawyers Team, we’ll not only help with that criteria, we’ll help you get the compensation you deserve. In order to prove nursing home abuse or neglect, our legal team will establish that:
- The facility owed a duty of care to the patient, based on the contract that was signed.
- The facility breached that duty of care by not providing the care that was promised in the contract.
- The facility’s breach of duty of care caused injury or suffering to the patient.
What If My Loved One Died Because of a Nursing Home?
"Wrongful death" is a legal term used to describe a situation in which a person dies as a result of the misconduct of another person or organization. And it’s not uncommon for wrongful death lawsuits to be filed in cases involving nursing home abuse or neglect. Any situation in which a death was preventable, and caused by another person, can be included in a wrongful death lawsuit.
Wrongful death in a nursing home most often comes as a result of abuse. In these cases, the resident or patient cannot tell anyone about the abuse and so, sadly, it continues on until a wrongful death occurs. While families often turn to the nurse in charge of the loved one, nursing home abuse can also come at the hands of a doctor, therapist, aide, administrator, or even maintenance workers.
What Can I Do About a Wrongful Death in a Nursing Home?
At New York Lawyers Team, we know the range of emotions one feels after a loved one has been the victim of a wrongful death in a nursing home. We know that grief, anger, and disbelief are all very common, and that’s why we pride ourselves on the compassionate and professional advice and representation we provide. We know the actions to take that can hold someone accountable for the death of a loved one in a nursing home. We know that bringing your case to court can never bring your loved one back, but we also know that seeking compensation can help, especially if you’ve been financially dependent on the person. Call New York Lawyers Team today to get the legal attention you need.