Experienced Nursing Home Neglect Lawyer
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
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.
Nursing Home Neglect in New York City
Nursing home neglect is a serious problem that affects many elderly people living in nursing facilities throughout New York City. Families need to be aware of the signs of neglect and understand their legal rights. Our team at Daniella Levi and Associates P.C. is committed to helping seniors who face neglect and abuse in these settings, and our experienced attorneys are here to support you.
What is nursing home neglect?
Nursing home neglect happens when caregivers do not provide the essential care needed for the health and safety of elderly residents. This can happen in several ways, including:
- Not meeting basic needs: Failing to provide food, water, or necessary medical care.
- Poor hygiene: Allowing residents to stay dirty or wear soiled clothes.
- Neglecting medication: Not giving residents their prescribed medications on time.
- Inadequate supervision: Leaving residents alone, which can lead to accidents or injuries.
Understanding nursing home negligence is key for families who want to advocate for elder care. It’s critical to keep an eye out and take action to ensure your loved ones get the care they deserve.
Why choose our law firm?
Picking the right legal representation is important when dealing with cases of nursing home abuse and neglect. Our law firm in New York has a wealth of experience and is dedicated to fighting for justice for our clients.
- Skilled attorneys: Our lawyers specialize in cases of nursing home abuse, providing knowledgeable support throughout the process.
- Thorough investigations: We carefully look into claims of neglect to create a strong case for our clients.
- Compassionate approach: We recognize the emotional stress these situations bring and offer caring support to families.
At Daniella Levi and Associates P.C., we have the expertise to guide you through the legal system and protect the rights of seniors.
What are the signs of nursing home neglect?
Spotting the signs of neglect in a nursing home is crucial to keeping your loved ones safe. Here are some common indicators:
- Unexplained injuries: Regular bruises or fractures that don’t have a clear cause.
- Behavior changes: A sudden change in mood, such as becoming withdrawn or fearful.
- Complaints from the victim: Direct remarks about poor treatment or unhappiness with care.
- Unsanitary conditions: Witnessing dirty living spaces or poor personal hygiene.
If you notice any of these signs, it’s essential to reach out to a nursing home abuse attorney who can help you address the situation and ensure your loved one is safe.
Recognizing nursing home neglect and acting quickly can significantly impact the lives of those who rely on proper care. If you suspect neglect, contact us for a free consultation. Your loved ones deserve justice, and we are ready to assist you.
Legal Recourse for Nursing Home Neglect in NYC
When it comes to caring for our loved ones, their safety is everything. Sadly, nursing home neglect can happen, leaving families feeling lost and anxious. If you think a family member has faced neglect in a nursing home facility in New York City, it’s really important to know your legal rights and options.
What are the legal options for victims of nursing home neglect?
Victims of nursing home neglect can explore a few legal options. Knowing what to do can help families find justice and compensation for their loved ones. Here are some key choices:
- Elder Neglect Claims: Families can file claims on behalf of seniors who have not received the care they deserve.
- Nursing Home Litigation: Taking legal action against nursing homes that do not follow the rules for care is possible.
- Nursing Home Abuse Settlements: Many cases settle outside of court, allowing victims to get compensation faster.
- Compensation for Elder Abuse: This might cover medical bills, pain, suffering, or loss of quality of life.
- Legal Help for Seniors: Skilled attorneys can guide families through the complex legal system.
If a loved one has experienced nursing home negligence, talking to a nursing home neglect lawyer can make a big difference.
What is the process for filing a nursing home neglect lawsuit?
Filing a nursing home neglect lawsuit involves several straightforward steps. Here’s how it typically works:
- Consult a Nursing Home Abuse Lawyer: Start by finding legal representation. A knowledgeable attorney will look at your case.
- Gather Evidence: Collect documents, photos, medical records, and witness statements to back up your claim.
- File a Complaint: Your lawyer will write and submit a complaint to the court, detailing what happened and your reasons for suing.
- Discovery Phase: Both sides will share information and evidence relevant to the case.
- Negotiate a Settlement: Often, cases settle before going to trial through discussions between lawyers.
- Trial: If no agreement is reached, the case may go to trial, where a judge or jury makes the final decision.
Having an elder law attorney who knows nursing home claims can greatly improve your chances of getting fair compensation.
What compensation can be awarded in a nursing home neglect case?
When pursuing a nursing home neglect case, it’s helpful to understand what kind of compensation might be available. Here are the main types of damages that could be awarded:
- Compensatory Damages: These reimburse victims for costs like medical bills and rehabilitation expenses.
- Punitive Damages: In serious cases of neglect or abuse, additional damages may be awarded to punish the nursing home and stop future issues.
- Financial Exploitation: Compensation may also cover any financial losses due to exploitation by caregivers.
- Medical Malpractice in Nursing Homes: If medical negligence played a role in the neglect, this might lead to additional recovery options.
- Elder Care Negligence Claims: Families can seek compensation for emotional distress and reduced quality of life.
Handling nursing home abuse settlements can be tricky, so having the right representation is key. Daniella Levi & Associates P.C. stands ready to advocate for the rights of the elderly and their families. If you suspect neglect, don’t wait—contact us for a free consultation today. Your loved one’s safety and dignity matter, and we are here to help you seek justice.
Frequently Asked Questions about Nursing Home Neglect in NYC
Choosing a nursing home for a loved one can be tough. Families often worry about the potential for neglect and abuse. Here are some common questions and answers that may help you protect your family members in these facilities.
How can I prevent nursing home neglect?
To help stop nursing home neglect, you can take several steps. Here’s how:
- Research nursing homes: Before selecting a facility, check online reviews and ratings from other families.
- Know your legal rights: Learn about nursing home resident rights. This includes understanding the care standards expected in these facilities.
- Stay in touch: Keep an open line of communication with nursing home staff and caregivers. Form relationships with the people caring for your loved one.
- Report issues: If you notice signs of neglect or abuse, make sure to file complaints. Nursing homes must address any concerns promptly.
- Get legal help: If you suspect negligence, talk to an elder care advocacy lawyer. They can assist you with understanding your options and protecting your loved one’s rights.
What are the legal requirements for nursing homes in New York City?
In New York City, nursing homes must follow strict rules. Here are some key points regarding those legal requirements:
- Licensing: All nursing home facilities need proper licenses and must comply with state and federal laws.
- Standards of care: These facilities must provide sufficient care and follow health regulations to prevent elder abuse and neglect.
- Liability: Nursing homes can be held responsible for malpractice or negligence if they do not meet acceptable care standards.
- Safety inspections: Regular checks are done to ensure safety protocols are followed. Any violations can lead to legal actions against the nursing homes.
- Legal options: Families have the right to pursue litigation in cases of nursing home neglect or abuse to seek justice for their vulnerable loved ones.
At Daniella Levi and Associates P.C., we specialize in elder care legal services. Our goal is to assist families in understanding their rights within nursing homes. If you suspect neglect or abuse, don’t hesitate to reach out for a free consultation. Your loved one deserves safety and quality care.
Nursing Home Neglect Questions?
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.
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.
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.
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.
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.
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When you entrust Daniella Levi & Associates, P.C. with your case, you will have an experienced and qualified attorney on your side, who is also an aggressive and supportive advocate who truly cares about the outcome of your case.
- Offering free initial consultations
- Working on a contingency fee basis
- Maintaining a strong network of qualified professionals
- Aggressively pursuing high-dollar verdicts and awards
Our Success Stories
I received an amazing settlement in less than a year. I couldn’t be happier and more thankful to Daniella Levi and Associates. I have already referred friends and family…
Daniella Levi and Associates are great lawyers! The monetary judgments and awards they have gotten for difficult cases has been very high…
Daniella and her team did a excellent job on my case. I am very satisfied on the outcome of the case. Definitely recommend them to my family and friends.