As our loved ones grow older, their care needs can sometimes go beyond what family alone can provide. For many, nursing homes become the place where daily support and medical attention are available. However, when that trust is broken through abuse or neglect, the impact on your loved one, and on your family, is devastating. Recognizing the signs of neglect and knowing what steps to take can make all the difference.
If you suspect that your loved one has been a victim of nursing home neglect, speaking with a Brooklyn nursing home negligence attorney can help you understand your options and take action. At Kucher Law Group, we are committed to standing up for vulnerable seniors and supporting families through these painful situations. We will listen to your concerns, investigate what happened, and fight to hold those responsible accountable. Contact us today at (929) 563-6780 to schedule a consultation and find out how we can help.
What is Nursing Home Negligence?
Just like nursing home abuse, neglect in nursing homes happens all too often in New York and other areas. While abuse involves violent acts perpetrated against a vulnerable elderly resident in nursing homes, neglect involves a failure to tend to the person’s basic needs. Sometimes, it occurs as a result of a nursing home being short-staffed or employees being overworked and overly stressed. Neglect can also happen when staff is inadequately trained for the job of caring for frail elderly residents.
If you suspect that your older loved one has suffered from nursing home abuse or neglect, it’s important to consult with a nursing home negligence attorney. They can look into the situation and help you prepare a lawsuit.
Brooklyn Nursing Home Negligence Attorneys
Samantha Kucher, Esq.
Attorney Samantha Kucher has dedicated her entire legal career to protecting the rights of injury victims. From her early education at Milton Hershey School, where she learned the realities of unfair treatment in underserved communities, to her law degree at New York Law School, Samantha has remained committed to fighting for justice. Her work with the New York County Family Law Pro Bono Program shaped her as a compassionate advocate for vulnerable individuals, which she has carried into her personal injury practice.
As a founder of Kucher Law Group, Samantha has recovered millions of dollars for clients injured due to neglect or abuse. She is especially sensitive to the struggles of families dealing with negligent nursing homes, fighting tirelessly against corporations and insurers that try to avoid responsibility. Her combination of legal skill, empathy, and relentless advocacy makes her a trusted voice for families seeking justice in Brooklyn.
Michael Roitman, Esq.
Attorney Michael Roitman is a seasoned Brooklyn lawyer who has built his career on fearlessly standing up to powerful defendants. As the son of Ukrainian immigrants who fled persecution, Michael understands the struggles of those seeking fairness and justice. He co-founded Kucher Law Group with the mission of defending injury victims, including families affected by nursing home neglect and abuse.
Michael has achieved multiple seven-figure verdicts and settlements in cases, including medical malpractice and wrongful death matters. Licensed in New York, New Jersey, and federal courts, he is not afraid to go up against large institutions to secure justice for his clients. His dedication goes beyond the courtroom as he builds strong relationships with families, offering guidance, compassion, and relentless advocacy during some of their most difficult times.
Alex Rybakov, Esq.
Alex Rybakov, a founding attorney of Kucher Law Group, has been representing victims of negligence in New York for more than a decade. With a strong background in personal injury law, he has helped families pursue justice for their loved ones who have suffered injuries. After earning his bachelor’s degree from New York University and his J.D. from Seton Hall Law School, Alex devoted his practice exclusively to personal injury litigation.
His experience spans medical malpractice, wrongful death, and premises liability cases. Known for his personalized approach, Alex takes the time to understand each family’s unique struggles and works tirelessly to secure fair compensation. His dedication and track record of success make him a trusted advocate for Brooklyn families seeking justice against negligent parties.
Types of New York Nursing Home Negligence
There are different types of nursing home neglect. Social and emotional negligence occurs when an elderly resident is isolated from his peers. Residents should be allowed to interact with one another as it benefits them.
Other types of nursing home negligence involve an older person’s basic needs and hygiene. If those needs are not being met, it can harm the individual. They must have plenty of food and water. Dehydration is a leading cause of injuries among nursing home residents. Their living quarters should be kept clean and at normal room temperature. Elderly residents should also have clean clothing and bedding. They should be bathed regularly. Failure to provide these basic things is considered nursing home negligence.
What are the Signs of Nursing Home Neglect?
When a resident of a nursing home is suffering from neglect in New York City, they may exhibit certain signs. If your loved one is a victim, the following signs might be present:
- Sudden changes in moods such as depression, fear, crying, or quietness.
- Unexplained cuts, lacerations, bruises, or more serious injuries such as fractures.
- Marks on the wrists or ankles signify physical restraint.
- Malnutrition or dehydration
- Suddenly appearing scared, nervous, or uneasy around nursing home staff
- No longer appearing interested in things they once enjoyed
Any combination of these telltale signs should be taken seriously. If you have noticed your loved one exhibiting any of these signs, you might want to make a complaint by contacting the Health Department. It’s also wise to get in touch with an experienced personal injury attorney as soon as possible. It is equally important to look for signs that could lead to neglect:
- Noticing that there are very few or no nurses at nursing stations during your visit
- Inability to reach somebody or being placed on hold, or not having messages returned by your staff
- Noticing that there are more administrators than nurses
- Noticing that cold or old food is left by your loved one for long periods of time
- Recording an uptick in complaints by your loved one that the staff members are ignoring them or their complaints
- Asking your loved one about how often a nurse or another staff member enters their room to assist them.
- Asking your loved one how long it takes for a nurse or another staff member to respond to a call from them
Malpractice in Nursing Homes
Nursing home malpractice refers to instances where an elderly care provider, such as a nursing home or an individual caregiver, engages in abusive or neglectful behavior towards a patient. Similar to other malpractice cases, these incidents often result from negligence or recklessness, causing harm or pain to the elderly patient.
Nursing home malpractice can be broadly categorized into two types: abuse and neglect.
Abuse occurs when nursing home staff intentionally mistreat the patient, potentially qualifying as criminal offenses depending on the nature of the abuse.
Examples of nursing home abuse include:
- Financial abuse, where the patient’s funds are unlawfully used or misappropriated without permission. This can also involve exploiting a patient’s confusion to unlawfully gain access to their finances, even without physical violence.
- Sexual abuse can occur to any senior citizen, particularly those who cannot clearly communicate or give consent.
- Emotional or psychological abuse, involving humiliation, ridicule, or demeaning behavior, as well as intimidation, is also considered abuse.
- Physical abuse occurs when a nursing home worker physically attacks or injures a patient.
Neglect, on the other hand, covers actions that may not necessarily be malicious but still result in harm due to inadequate care. Negligence can stem from deliberate intent or, for example, when a nursing home is understaffed, leading to insufficient assistance provided to one or more patients.
Examples of nursing home neglect include:
- Failing to provide access to or adequate attention for personal hygiene needs, particularly for seniors requiring mobility assistance.
- Inadequate provision of food or water.
- Failure to administer proper medication or administering medication in excessive doses.
- Poor living conditions, such as the development of bedsores due to infrequent movement or rotation of patients on their beds.
- Insufficient frequency of medical attention.
A New York nursing home negligence lawyer can play a crucial role in cases involving nursing home malpractice by providing legal guidance and advocacy. At Kucher Law Group, our experienced lawyers have knowledge and experience in this area of law, enabling them to thoroughly investigate and evaluate the circumstances of potential negligence or abuse within nursing homes. Schedule a consultation with us today.
| Type of Abuse | Relevant Data / Figures | Notes / Context |
|---|---|---|
| Financial abuse (misappropriation of funds) | In 2023, U.S. nursing homes received 94,499 health citations, of which 8.1% (7,654) were for abuse, neglect, or exploitation, including financial exploitation. | Highlights prevalence of financial exploitation in elder care. |
| Sexual abuse of non-consenting/somewhat unable to communicate seniors | In a one-month study, over 20% of nursing home residents in NYC and suburbs reported mistreatment, which included sexual abuse. | Shows sexual abuse is part of wider mistreatment patterns. |
| Emotional or psychological abuse (humiliation, intimidation, ridicule) | 27% of U.S. nursing home citations in 2023 were tied to quality-of-life/care deficiencies, which include psychological abuse. | Emotional abuse reduces dignity and quality of life. |
| Physical abuse (worker physically injures a patient) | Physical abuse was the most common form of nursing home abuse reported in 2023. | Confirms physical abuse as the leading abuse category. |
Who Can Be Held Liable for Nursing Home Neglect?
When nursing home neglect occurs, responsibility may extend to several parties depending on the circumstances. Understanding who may be held accountable is crucial to addressing the harm and preventing future neglect.
Facility owners and operators are often the first to be examined in these cases. They are responsible for creating safe policies, hiring qualified staff, and providing the training needed to deliver proper care. Owners and operators also have a duty to maintain the building and equipment in a safe, compliant condition. A failure in these areas can lead directly to liability.
Nursing home staff members also play a crucial role. Nurses, aides, and other caregivers interact with residents daily, providing essential support such as hygiene assistance, administering medications, and monitoring health changes. Neglect in these duties, whether intentional or due to a lack of training, can place staff directly at fault.
Licensed medical professionals within the nursing home, such as doctors, nurse practitioners, and pharmacists, may also be held liable. Their responsibilities include diagnosing illnesses, prescribing and dispensing medication correctly, and treating injuries or infections without delay. Mistakes or omissions in medical care can amount to neglect.
Liability can also extend beyond the facility’s employees. Third-party contractors, including maintenance teams, food service providers, transportation services, or therapy groups, may be responsible if their negligence contributes to unsafe conditions or resident harm.
Because multiple parties may share responsibility, identifying the source of neglect requires a careful review of the facility’s operations and the roles of those involved in a resident’s care.
Can You Sue a Nursing Home for Neglect?
When individuals are placed in nursing homes, there is a fundamental expectation that these facilities will provide a standard of care and maintain safety mandated by their legal agreements. Unfortunately, there are times when nursing homes fail to uphold these obligations, leading to severe consequences such as injuries, illnesses, or worse. In such cases, taking legal action against the facility for negligence is possible and often necessary.
Filing a lawsuit against a nursing home for neglect involves proving that the facility failed in its duty of care to its residents. This duty entails providing reasonable safety measures, proper medical attention, and maintaining a safe environment. When neglect leads to injuries or illness, the facility can be considered legally liable.
Victims of nursing home neglect or their families may seek compensation through legal avenues. This compensation is intended to cover medical bills, emotional distress, and other related damages. Additionally, legal action can prompt nursing homes to improve their care standards, thereby preventing future cases of neglect.
For families in New York dealing with such distressing situations, consulting with a knowledgeable attorney who understands local laws and procedures is crucial. A Brooklyn nursing home negligence attorney can offer guidance on holding the nursing home accountable and fighting for justice and fair compensation.
What is the Statute of Limitations on Nursing Home Neglect in NY?
Understanding the statute of limitations is essential when addressing instances of neglect in nursing homes in New York. This statute imposes a time constraint for filing a legal claim. According to the Civil Practice Law & Rules (CVP) § 214(5) in New York, an individual has up to three years to initiate a lawsuit against a nursing home.
This period generally commences on the date the neglectful act occurred or the date when the injury from the neglect was identified. It’s critical to note that for nursing homes operated by the government, the statute of limitations may differ and is typically shorter, necessitating swift action.
The statute incorporates a discovery tolling provision, which can suspend the running of the statute of limitations in certain scenarios, like when the damage from the neglect isn’t immediately evident. This provision is intended to accommodate individuals who may not recognize the neglect immediately, thereby extending their opportunity to sue.
Ensuring a lawsuit is filed within this period is crucial. Overlooking this deadline can lead to forfeiture of the right to claim compensation for damages arising from the neglect. Before initiating legal proceedings, it’s prudent to gather pertinent evidence and assess the compensation your family may be eligible to claim.
Each situation is distinct and can affect the application of the statute of limitations. For thorough guidance and to competently handle the legal intricacies involved, seeking counsel from a lawyer with extensive experience in nursing home neglect cases is advised.
What Is The Cost Of A Nursing Home Lawsuit For Wrongful Death?
It is difficult to estimate the value of personal injury or preventable death cases because of the unique facts and evidence surrounding each case. Before submitting a demand letter to insurance companies or filing suit in civil court, nursing home abuse lawyers usually estimate the case’s value.
According to the Health Affairs report, victims of neglect and abuse average over $400,000 in damages. The highest case values are usually returned by lawsuits involving catastrophic injuries and preventable death.
What Is The Average Time It Takes To Settle A Nursing Home Lawsuit?
In order to expedite the start of the process of a case, many personal injury lawyers postpone attorney fees or upfront costs. For instance, the personal injury attorneys at Kucher Law Group do not charge any fee upfront. In fact, we don’t get paid unless you do. However, even with postponing attorney fees, the legal process for resolving claims and taking the case to trial can be slow.
The defendants will often delay, deny or defend their actions, showing how they could not have prevented the injury, harm, or death. This is why having a personal injury lawyer is very important. The plaintiff’s nursing home abuse lawyer will pursue the truth by deposing witnesses and reviewing medical records to support the victim’s claim.
Victims and survivors may file death suits and cases to seek justice and to protect others in assisted living facilities. Each case of nursing home abuse is unique and each case will take a different amount of time to resolve.
How Can You Prove Nursing Home Neglect?
Unfortunately, it’s not enough to take the victim’s word about nursing home neglect happening to them as many nursing home residents suffer from cognitive decline due to dementia or Alzheimer’s. Even those who do not suffer from those conditions may not be lucid enough to be able to explain what happened. As a result, the nursing home abuse lawyer must prove that certain elements are in place in the case. They must show the following:
- The nursing home had a duty of care, which was to provide the expected level of care to the victim.
- The nursing home breached that duty when a member of its staff neglected the victim.
- The neglect the victim suffered directly caused them to suffer harm such as injuries.
- The victim suffered damages as a direct result of the breach of duty of care owed by the nursing home.
In a successful nursing home neglect case, the plaintiff would recover compensation for damages such as medical expenses, ongoing treatment, pain and suffering, and more. For particularly egregious behavior on the part of the defendant, punitive damages might even be awarded.
If your loved one suffered in New York due to nursing home neglect, contact an experienced nursing home negligence lawyer at your earliest convenience. Speaking with an experienced attorney can help you and your loved one receive compensation for the pain and the injuries they suffered due to the negligence of the nursing home staff. Call Kucher Law Group today at (929) 563-6780 for a consultation with our Brooklyn nursing home negligence lawyers.
