Many older adults need more help than their families can offer. As a result, nursing home care might be necessary. Unfortunately, nursing home abuse and neglect happen. It’s important to be aware of the signs of abuse and know how to prove that a nursing home has neglected your loved one.
Before you make any decisions, it is important to speak with a Brooklyn nursing home negligence attorney. At Kucher Law Group, our lawyers are experienced in handling cases of nursing home neglect in New York. If you suspect that your loved one has been a victim of nursing home neglect, don’t hesitate to contact us at (929) 563-6780. We are here to provide you with the legal support and representation you need to hold the responsible parties accountable and seek justice for your loved one.
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 nursing home abuse or neglect, it’s important to consult with a nursing home abuse attorney. They can look into the situation and help you prepare a lawsuit.
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.
| Types of Nursing Home Negligence | Description | Negative Impact |
|---|---|---|
| Social and emotional negligence | Isolation of elderly residents from peers | Impaired social interaction and well-being |
| Failure to meet basic needs and hygiene | Inadequate food and water, unclean living quarters, lack of clean clothing and bedding, infrequent bathing | Increased risk of malnutrition, dehydration, compromised health, and hygiene-related issues |
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.
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, Kucher Law Group Personal Injury Attorney does 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 abuse lawyer at your earliest convenience. Speaking with an experienced attorney may be able to help you and your loved one receive compensation for the hurt and the injuries they suffered due to the negligence of the nursing home staff. Call for a free consultation with the nursing home negligence lawyers at Kucher Law Group (929) 563-6780.
