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New York Nursing Home Abuse Lawyers

Daniel E. Smyth avatar
I am an attorney who represents injured people in all types of accident cases. My partners and I are committed to getting compensation for our clients while ke...
Nina G. Shapirshteyn avatar
Nina Shapirshteyn has devoted her career to fighting for victims who have suffered serious injuries due to the negligence of others. Nina litigates wrongful dea...
James Avery avatar
Nationally recognized top high stakes trial lawyer with the talent, toughness and tenacity to get you top dollar for your case. Over 38 years experience in ser...
Mark Weinstein avatar
MY OBJECTIVEIt is my mission to make a difference in the lives of our clients. We dedicate ourselves to seeking justice and securing much needed compensation fo...
John P. Fritz avatar
Fritz Law LLC is a boutique law firm that focuses on estate law and personal injury for clients of all ages. Our goal is to provide a highly personalized legal...
Jeena R. Belil avatar
When you hire me for your Injury or New York No Fault case, you have the distinct advantage of my experience defending insurance companies. I know what the insu...
E. Stewart Jones Jr. avatar
E. Stewart Jones, Jr. is an exceptional attorney who is recognized for professional excellence as well as community service, volunteerism and philanthropy.E. St...
Scott J. Rothenberg avatar
Scott J. Rothenberg, Esq., joined The Rothenberg Law Firm LLP in 2005. Scott litigates significant personal injury & wrongful death cases on behalf of injured p...
Stewart McMillan Esq. avatar
Stewart McMillan, Esq. is a former New York State Prosecutor duly licenced to practice criminal law in both the States of New York and Connecticut since 1995 an...

Every time you or your relative faces abuse in a nursing home, you need to seek legal advice and justice. Your New York nursing home abuse lawyer may not seek payment unless you win your case. This means that you will not have to pay out of pocket for legal representation, and you can be sure that an attorney will only take up your case if it is viable.

What is a Nursing Home Abuse Lawyer?

A nursing home abuse lawyer is a personal injury attorney specializing in providing legal help for elders who have suffered mental abuse, physical abuse, or neglect while obtaining care in an elder home facility.

What Does a Nursing Home Abuse Attorney Do?

A nursing home abuse attorney helps an elderly person get justice and compensation in the case of abuse and neglect while living in nursing home facilities. Elderly citizens in long-term care facilities entirely depend on their caregivers to attend to their needs and well-being. Yet they are sometimes subjected to intentional abuse or neglect causing physical and mental harm.

The attorney will work to prove that:

  1. The facility has a standard duty of care toward the resident. To show a duty of care, the attorney may interrogate the care plan for the resident in question.
  2. Relevant staff harmed the resident in question either intentionally or resulting from negligence by failing to act in line with the care plan for the resident.
  3. The actions of the nursing home staff members directly caused the physical and psychological harm suffered by the resident.
  4. Compensation for treatment is needed for the resident to recover.

When to Hire a Nursing Home Abuse Lawyer in New York

If you or your loved one in a nursing home shows the following symptoms, seek immediate medical attention and consult with the best nursing home abuse lawyer in New York. The symptoms include:

  • Bedsores, sepsis, and infections
  • Being withdrawn, upset, and irritable, especially around the staff
  • Unexplained weight loss or weight gain and poor wound healing may be signs of malnutrition
  • Dry skin or mouth and other symptoms that may indicate dehydration
  • Poor hygiene
  • Unexplained serious injuries such as cuts or bruises

The above are the usual symptoms of negligence and may result in wrongful death in extreme cases. Other signs to look out for include:

  • Evidence of financial exploitation includes the use of residents' funds through force or fraud or without their knowledge and consent
  • When residents have specific staff members from whom they do not want to receive care
  • High staff turnover may be an indication of dissatisfaction with a poor system and work culture
  • Unexplained shifts to the negative in the emotions and physical appearance of the resident
  • Discordance among staff and with residents
  • Use of excessive force when restraining residents
  • Errors in the administration of medication
  • Physical, emotional, or sexual abuse

How Do I Choose a Nursing Home Abuse Attorney in New York?

When choosing a New York nursing home abuse attorney, determine their success rate with handling cases similar to yours. Perform a quick google search of the attorney’s name and see if the results surface any accolades or complaints. Also, during the initial consultation, ask a legal professional to provide a track record.

How Much Does the Average Nursing Home Abuse Lawyer Cost New York?

Most lawyers for nursing home abuse in New York and law firms work on a contingency basis for nursing home neglect cases. With a contingency fee, the attorney will take care of the costs of the case, including investigations, filing fees, and expert witnesses, and only recover from the settlement after successful litigation.

The lawyer will likely charge 30% - 45% of the settlement amount. Ensure the contingency fee percentage is precise and agreed in writing with no other hidden fees.

Do Nursing Home Abuse Attorneys Usually Charge for Consultations?

An experienced lawyer for nursing home abuse in New York usually does not charge for the initial consultation. During the initial consultation, the lawyer will listen to the facts of your case and determine its outcome if it goes to trial. It is also a suitable time to ask questions about the lawyer’s qualifications, experience, and reviews.

Frequently Asked Questions

How Do I Report Nursing Home Abuse?

You should act immediately every time you suspect nursing home neglect or abuse. Nursing home abuse is severe and may result in untimely death. To report abuse, seek out the facility administrator and make a formal complaint concerning what you saw or your suspicion of abuse. Further, request that the director of nursing effectively remove a staff member from active duty until the matter is resolved.

Once you report, the nursing home administrator must report to the state authorities within twenty-four hours at most. Other reporting options include:

  • Call a nursing home abuse hotline;
  • Contact the nursing home residents’ ombudsman responsible for addressing complaints and educating the residents about their rights;
  • Get in touch with the Adult Protective Service Association; and
  • Connect with the National Center for Elder Abuse, an anti-abuse advocacy platform.

Once the report is with the state authorities, they will send personnel to investigate the matter and take action according to state and federal laws if the allegations are true.

What is Classified as Neglect in a Nursing Care Home?

Neglect is the intentional or unintentional failure to meet the resident's needs, including food, water, hygiene, clothing, and essential medical care. Any action of nursing home employees that can be deemed inadequate care resulting in physical or psychological abuse to the resident can be considered negligence.

Should I Move My Parent When Abuse Is Reported at a Nursing Home?

It depends on the sentiments of the residents. Ask the resident if they would be comfortable staying in the home if their grievances are addressed. If it is an extreme case of mistreatment, aggression, or neglecting a resident with delicate medical needs, consider relocating your loved one to a conducive home.