Experienced Nursing Home Neglect Lawyer

What To Do After An Injury

Nursing homes care for the most vulnerable elderly members of our society, and families trust them to provide the necessary care and medical attention. Unfortunately, some residents of nursing homes or assisted living centers become victims of abuse, neglect or staff errors. Individuals or families of individuals who’ve suffered abuse or neglect at a nursing home should consult a nursing home neglect lawyer to review their case and offer advice on the best course of action.

Causes of Injuries

Nursing home injuries or death may occur for many reasons:

Poorly trained staff
Inappropriate staffing levels
Medication errors
Slips, trips and falls
Dehydration and malnutrition
Bedsores or pressure sores
Transportation injuries
Wandering off due to improper safety procedures
Physical, emotional or sexual abuse

How To Choose the Best Personal Injury Attorney

Nursing Home Neglect and Its Causes

Nursing home abuse and neglect can have many consequences for patients, including:

Pressure sores or ulcers
Falls
Head injuries
Broken bones
Burns
Cuts, abrasions and/or bruises
Malnutrition and/or dehydration
Emotional or behavioral problems, such as agitation, crying, fear, withdrawal, etc.
Death

Generally, nursing home neglect results from an understaffed facility where the caregivers are overworked and therefore careless. Abuse, on the other hand, can be deliberately inflicted by caregivers or even by other residents. While there is no way you can prevent your parents or grandparents from becoming victims of abuse or neglect since you cannot be there 24/7 to watch out for them, you may be able to nip it in the bud by paying careful attention to anything they tell you when you visit them, especially if they indicate by word, facial expression or otherwise that they are dissatisfied with the care they’re receiving.

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Nursing Home Neglect Questions?

We Have Answers

Do you offer a free consultation?

Yes! A free consultation to discuss your case is available either in person, on the phone, or via Zoom. There is no fee to hire us, because we only get paid when you get paid.

What should I do after an injury at the nursing home?

Nursing home administrators might try to cut corners by reducing staffing, not providing adequate nutrition or hiring under-qualified staff. While those decisions might save money in their budget, they can also put residents at risk. If you’re concerned that a loved one’s injury or death in a nursing home was due to neglect or failure to follow safety regulations, contact our experienced team of nursing home neglect lawyers today to discuss your case.

Schedule your free consultation with Daniella Levi & Associates, P.C. by calling 718-380-7440 or by completing our online contact form. Consultations are always free, and we don’t get paid until you do.

What qualifies as nursing home abuse and neglect?

Nursing homes are expected to provide all services that are necessary to the safety and health of all residents. This includes shelter, clothing, nourishment, hygiene, safety, adequate supervision, and proper medical care.

Failure to provide any of these necessities is neglect. If the failure to provide these services is deemed intentional, it is abuse.

Any violation of the resident’s rights can be considered abuse.

What are the most common causes of nursing home abuse and neglect?

The most common situations we see across the state of New York reported are:

Facilities that are not being properly maintained, including equipment, building and grounds. It is very important that paths, hallways, hand railings, and stairs should all be maintained to a safe level for physically challenged residents. Ramps, elevators, and other assistive devices should be present and in good working condition.
Staffing is inadequate. A nursing home may fail to maintain adequate staffing throughout the day, and even reduce to dangerous levels during the night. Elderly patients may require assistance during the night. For these reasons and more, nursing homes require adequate staffing around the clock.
Poorly trained or untrained staff. Nursing homes may not properly train their personnel. All staff that have direct care responsibilities should be certified and formally trained, if not certified or licensed by the state.

What evidence should I collect?

Every time you visit your parents or grandparents, take along your cell phone. Why? Because you need to take photos of anything you see that looks suspicious, such as:

Unhealed sore(s).
Bruises or burn marks.
Bumps or swollen places.
Unclean or disheveled clothing or hair.
Unclipped fingernails or toenails.
Messy or dirty room and/or bathroom.
Any evidence of mold on the floors, walls, or around the toilet.

Why You Need an Attorney for Your Nursing Home Case

Your best strategy at this point is to contact an experienced elder law attorney as soon as you get home. Tell him or her about your suspicions and the evidence you have to back them up. Elder law attorneys, especially those who have practiced in this area, as well as the personal injury area, for a number of years know all too well the negligence and/or medical malpractice ageing and disabled nursing home residents can become subject to. A good attorney will listen carefully to your story and give you the advice and counsel you need to make an informed decision about how to proceed.

What to Expect Going Forward With Your Case

Your attorney may also be able to recommend a different nursing home in which to move your parents or grandparents. Be sure and ask him or her. If you and (s)he decide you should file suit against your parents’ or grandparents’ current nursing home, (s)he will definitely help you collect additional evidence to substantiate the claims you will be making on behalf of your parents or grandparents. If the unthinkable happened and your parent or grandparent unexpectedly died while under the nursing home’s care, your attorney can file a wrongful death claim against it. While no amount of compensation will make up for your loss of your loved one, winning a wrongful death suit can help you achieve closure and a sense of justice.

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