When your loved one is at a nursing home, you expect that they are treated with respect and their needs are met. While most nursing homes ensure the safety and health of residents, elder abuse occurs in many long-term care facilities. Studies show that as many as 95% of nursing home residents have experienced or witnessed neglect, while 50% of nursing home workers admit that they have physically abused a resident.
Elder abuse is a crime under New York law, making it important to report allegations of physical, emotional, and financial abuse to the Department of Health. If your loved one sustains injuries because of elder abuse committed by staff at a nursing home, a New Rochelle nursing home abuse lawyer can recover damages by filing a personal injury claim.
Physical and emotional abuse can lead to disabling conditions and a diminished quality of life, which can allow a New Rochelle nursing home abuse lawyer to pursue compensation for:
- Medical bills associated with your injuries
- Attorney fees
- Mental anguish and distress
- Pain and suffering
- Wrongful death
New York requires personal injury claims involving elder abuse to be filed within three years, while wrongful death claims must be filed within two years, making a prompt consultation with a New Rochelle nursing home abuse lawyer essential to ensuring your claims are filed within the statute of limitations. Since damages are uncapped in elder abuse personal injury claims, working with a New Rochelle nursing home abuse lawyer is the best way to ensure you receive the compensation you deserve.
Many personal attorneys work on a contingency basis, meaning that you do not have to pay a retainer, as your attorney is paid a percentage of your damages.
Call Morelli Law Firm today at (212) 751-9800 to schedule a free consultation.
What is Elder Abuse?
In New York, elder abuse includes physical, emotional, and financial abuse. Physical abuse involves force that causes harm or injuries, which can include lacerations, bruises, and broken bones. Physical abuse can be documented by medical professionals. Emotional abuse involves behaviors like verbal abuse and harassment. Yelling or insulting residents is a common form of emotional abuse in nursing homes. Nursing homes must treat residents with respect, meaning dehumanizing comments and belligerent language is not allowed.
Financial abuse can also occur in nursing home settings, as residents with mobility or cognitive limitations may be unable to keep their bank cards and money safe without help. Unauthorized credit and debit card use, as well as check fraud, can cause significant financial harm.
That makes it important to take allegations of abuse made by your loved one seriously, as residents in nursing homes have limited independence that makes them more vulnerable to abuse. When you visit your loved one, common signs of elderly abuse at a nursing home can include:
- Dirty facilities
- Unkempt residents
- Residents with significant weight loss
- Lack of staff members
- Unexplained marks or bruises on your loved one’s body
- Signs of anxiety or trauma, such as demonstrating fear when approached by staff members
- Unauthorized bank transactions
If you are concerned about your loved one’s treatment or believe they suffered abuse, you should discuss the matter with a New Rochelle nursing home abuse lawyer, who can explain your legal options.
If your loved one is the victim of elder abuse in a nursing home, call Morelli Law Firm today at (212) 751-9800 to schedule a free consultation.
Liability
You can pursue a personal injury claim in New York if you sustained injuries because of tortious conduct. Tortious conduct can include intentional actions, like assault, and negligent ones, such as failing to supervise an employee who injuries a resident at a nursing home. The state of mind of the tortfeasor matters under New York law, as actions rooted in malicious, wanton, and evil intent allow you to pursue punitive damages.
The individual who commits elder abuse is civilly liable, as well as their employer. Nursing homes have a duty to care for residents and violating this duty allows you to recover damages if the violation results in harm. The nursing home is responsible to ensure staff is meeting the needs of residents. If a staff member has a history of abusing residents, it means the nursing home failed in its obligation to ensure the safety of residents.
A New Rochelle nursing home abuse lawyer can request records from the nursing home during civil litigation, which can include misconduct reports involving staff members.
New Rochelle Nursing Home Abuse Lawyer Near Me 877-751-9800
Damages
New York does not limit the amount of damages a New Rochelle nursing home abuse lawyer can recover for a personal injury claim. A New Rochelle nursing home abuse lawyer can pursue up to three types of damages, including:
- Economic
- Non-economic
- Punitive
If your loved one died as a result of elder abuse at a nursing home, a New Rochelle nursing home abuse lawyer can file a wrongful death claim that includes damages for funeral expenses and pain and suffering.
Economic Damages
Economic losses are actual costs you paid or incurred because of your injuries. If a nursing home resident is physically assaulted by staff and requires medical treatment, medical bills associated with treatment are considered economic losses. Economic losses can be proven in court with receipts, invoices, and bills.
Non-Economic Damages
Non-economic losses allow you to collect damages for how the injury impacted your physical and emotional wellbeing, as well as for experiencing a diminished quality of life. Pain and suffering is one type of non-economic damage. If your injuries cause mental health issues, such as trauma, depression, or anxiety, a New Rochelle nursing home lawyer can recover damages for mental anguish and distress.
Punitive damages are reserved for cases that involve malicious and evil behavior. Some elderly abuse claims involve outrageous and egregious conduct, which can allow a New Rochelle nursing home abuse lawyer to recover punitive damages. Injuries that were caused by conduct that shocks the conscious allow you to receive punitive damages because it discourages others from engaging in that same conduct.
Call Morelli Law Firm Today
When your loved one is living in a nursing home, you assume that they are treated with dignity and that their medical and emotional needs are met. Unfortunately, when you become aware that your loved one is the victim of elder abuse, it can be shocking, hurtful, and infuriating. A New Rochelle nursing home abuse lawyer ensures that your legal rights are protected and that your loved one can pursue damages.
Call Morelli Law Firm today at (212) 751-9800 to schedule a free consultation to discuss the details of your case.