Nursing homes are required to ensure all residents have their medical and emotional needs met and must protect residents from elder abuse. As presented by the National Center on Elder Abuse (NCEA), disabled individuals are more likely to experience elder abuse, as conditions like Alzheimer’s and dementia can make you more vulnerable to physical, emotional, and financial abuse. Elder abuse is a crime, making it important to report instances of elder abuse to the authorities and New York Adult Protective Services.
When you or your loved one is the victim of elder abuse, you have the right to pursue a personal injury claim against all liable parties. When your loved one is living in a nursing home, it can be difficult to identify certain forms of elder abuse, such as emotional abuse. However, if your loved one has unexplained marks, bruises, or lacerations, it may indicate that they suffered physical abuse.
Other signs of elder abuse in nursing homes include:
- Bedsores
- An unkempt appearance
- Hygiene problems
- Anxiety and depression
- Changes in behavior
- Declining health
- Unexplained financial problems
A Long Island nursing home abuse lawyer can pursue financial compensation against the nursing home because injuries sustained at a nursing home are the grounds for a personal injury claim.
If your loved one has been the victim of nursing home abuse, call Morelli Law Firm today at (212) 751-9800 for a free consultation.
Signs of Elder Abuse
Many types of elder abuse cause physical symptoms, such as marks, bruises, and rashes. The most important thing to remember is that not all signs of nursing home abuse are physical. Elder abuse can involve emotional and financial abuse, which can make it difficult to discover abuse from afar. Emotional abuse can leave psychological scars, as offensive and dehumanizing statements can lead to anxiety and depression.
When you visit your loved one at a nursing home, signs of neglect can become apparent. If the facility is poorly maintained or understaffed, it can be an indication that the nursing home is unable to meet your loved one’s needs.
One reason the elderly are prone to abuse is that medical conditions can limit mobility and cognition. If your loved one is stating that they are experiencing abuse, it is important to take the allegations seriously. Elder abuse can involve financial abuse, which can make it difficult for your loved one to remain independent and have the money necessary to provide for their needs.
Financial abuse can include unauthorized debit and credit card charges, as well as check fraud. One way to protect your loved one from financial abuse is to occasionally review their bank accounts to identify fraudulent transactions.
Neglect is another form of elder abuse. Failing to care for the medical or mental health needs of residents can make a nursing home liable for financial damages. If the injuries were caused by an employee who had a history of neglect or mistreating residence, it can strengthen your civil claims.
When intentionally malicious behavior or negligence hurts your loved one, a Long Island nursing home lawyer can file a personal injury case against the nursing home and recover financial compensation for your loved one.
Call Morelli Law Firm today at (212) 751-9800 for a free consultation to discuss the details of your case.
How to Prove Elder Abuse
When your loved one suffers physical, emotional, or financial harm because of tortious conduct, you can pursue a civil case. If the injuries your loved one sustained were physical, medical records can support your case. Medical records can detail the nature of the injuries and uncover possible neglect. Some injuries may cause long-term symptoms. That makes it important to follow-up with a medical provider following an injury, as it can require continual care.
Some nursing homes may have security cameras, which means a Long Island nursing home abuse lawyer can request copies of the footage. The footage may chronicle the event that caused the injury or demonstrate how the staff failed to respond to your loved one’s needs promptly. A delay in care is considered a type of negligence and can lead to injuries causing more severe damage.
Emotional abuse can be more difficult to prove. However, staff members and other residents may have witnessed instances of verbal abuse. If the nursing home has a history of negligence, a Long Island nursing home abuse lawyer can request those records, which can demonstrate a pattern of negligence and tortious conduct.
Long Island Nursing Home Abuse Lawyer Near Me 877-751-9800
Damages
Your loved one can be entitled to economic and non-economic damages if they are the victim of elder abuse. There are no damage caps in personal injury claims involving elder abuse in New York.
Economic
Financial costs you incurred as a result of your injuries are considered economic losses. Economic losses can include:
- Medical bills associated with your injuries
- Transportation to medical appointments to treat your injuries
- Prescription medications
- Money that you lost as a result of financial abuse
- Treatment costs for psychological injuries
It is important to keep records of costs related to your loved one’s injuries, as receipts and bank statements are how a Long Island nursing home abuse lawyer proves your economic losses.
Non-Economic
Non-economic damages are awarded when your injuries negatively affect your daily life. Emotional abuse can cause mental health symptoms, such as depression and trauma, that can make it difficult to enjoy life. Pain from physical injuries is also considered when juries award non-economic damages.
Examples of non-economic damages a Long Island nursing home abuse lawyer can pursue include:
- Mental anguish
- Pain and suffering
- Loss of enjoyment
- Loss of affection
- Alienation
Non-economic losses consider how the injuries alter your future, meaning that if they prevent you from engaging in activities you enjoyed before your injuries, juries can award damages.
Call Morelli Law Firm Today
When a nursing home victimizes you or your loved one, injuries can make it difficult to enjoy life. Elder abuse and neglect can lead to pain and make you feel vulnerable. A Long Island nursing home abuse lawyer can pursue damages against the responsible actors, which can compensate you for the harm you suffered.
Call Morelli Law Firm today at (212) 751-9800 for a free consultation to discuss the details of your case.