According to the National Center on Elder Abuse (NCEA), 1.4 million Americans live in a nursing home. Nursing homes provide necessary medical care to individuals who are unable to live independently, meaning that when your loved one is living at a nursing home, you expect their needs are addressed. While most nursing homes provide excellent care, other facilities have widespread abuse.
Many instances of elder abuse at nursing homes are unreported because many victims have medical conditions that limit their independence. Some residents may be nonverbal or suffer from degenerative neurological conditions. Residents with dementia or Alzheimer’s are more prone to experiencing elder abuse because they can be unable to remember the details of incidents involving abuse.
Common signs of elder abuse in nursing homes can include:
- Malnutrition and weight loss
- Unexplained bruises, lacerations, and marks
- Behavioral changes
A New York nursing home abuse lawyer can file a personal injury claim against the facility responsible for your loved one’s abuse and recover:
- Damages for pain and suffering
- Compensation for medical bills
- Punitive damages
- Damages for mental distress
- And possibly more
When you discover your loved one is the victim of elder abuse at a nursing home, it is important to report the allegations to the authorities and Adult Protective Services, as elder abuse is a crime in New York. Consulting with a New York nursing home abuse lawyer ensures that your claim is filed within New York’s statute of limitations, which is three years for a personal injury claim, New York CVP§214, and two years for wrongful death, New York EPT §5-4.1.
A New York nursing home abuse lawyer also ensures that all liable parties are named in the suit, as you may have claims against multiple parties. The nursing home may have insurance that covers certain damages, like negligence.
If your loved one sustained injuries from elder abuse at a nursing home, call Morelli Law Firm today at (212) 751-9800 for a free consultation.
Nursing Home Abuse
The NCEA also reported that 95% of nursing home residents have experienced or witnessed neglect, while more than half of nursing home workers admit to abusing or neglecting residents. Some nursing homes face issues related to being understaffed, which can increase the incidence of neglect and abuse. Disabled residents are more likely to suffer abuse, as medical conditions can limit the ability of residents to report abuse.
When staff members use excessive force to control residents, it is a form of physical abuse. Grabbing residents too hard can result in marks and bruises, and the patterns of the bruises may include fingerprint shapes. That makes it important to check your loved one for signs of physical abuse when you visit.
Physical abuse can also include assaults committed by other residents. If another resident hurts your loved one, the nursing home is responsible for allowing the abuse to occur.
Nursing homes must treat residents with dignity and respect. Yelling or making derogatory statements is not permissible. Staff members who insult residents are committing psychological abuse. Emotional abuse can cause distress, as comments can make residents feel isolated, alone, and nervous. If you notice staff mistreating other residents when you visit your loved one, it can be a sign that your loved one is experiencing abuse.
Emotional abuse can make it difficult for your loved one to enjoy life and can lead to trauma. If your loved one acts uncomfortable around staff, it can demonstrate that staff is mistreating or abusing your loved one.
Senior citizens are prone to experiencing financial exploitation and financial abuse, especially in nursing home settings. Residents may be unable to monitor their bank accounts or keep their bank cards safe, which can lead to theft. Since residents rely on the nursing home to keep their property safe, residents may not notice that they are the victim of financial abuse. That makes it important to review your loved one’s bank statements and check for unauthorized transactions.
If your loved one has a checkbook, review bank statements to make sure that there are not any forged checks. Contact the bank if you suspect your loved one is the victim of financial abuse.
Call Morelli Law Firm today at (212) 751-9800 for a free consultation to discuss the details of your case.
Damages in a Nursing Home Abuse Claim
A New York nursing home abuse lawyer can file a personal injury claim and recover damages for economic and non-economic losses. In severe cases of abuse, your loved one may be entitled to punitive damages.
When you incur expenses as a result of tortious conduct, New York allows you to recover economic damages. A New York nursing home abuse lawyer can pursue economic damages for losses you actually paid because of your injuries. If your loved one had to receive medical treatment because of elder abuse at a nursing home, those medical bills are considered economic losses. Transportation to and from medical appointments that are required to treat your injuries are also economic losses.
Economic losses can be proven by a New York nursing home abuse lawyer by submitting copies of bills and receipts that are related to your loved one’s injuries. That makes it important to document your loved one’s expenses.
Non-economic damages consider how the injuries impacted areas of your life other than your finances. A New York nursing home abuse lawyer can claim non-economic damages for:
- Pain and suffering
- Mental anguish
- Loss of enjoyment
- Loss of consortium
If your loved one’s injuries diminish their quality of life, juries can consider how the injuries negatively affected their life when calculating damages. Suffering forms of psychological abuse can lead to chronic mental health problems, while physical injuries may limit your loved one’s ability to engage in the same activities they enjoyed before their injuries.
New York Nursing Home Abuse Lawyer Near Me 877-751-9800
Call Morelli Law Firm Today
When your loved one is hurt because of the actions of staff at a nursing home, a New York nursing home abuse lawyer can help them to recover damages.
Call Morelli Law Firm today at (212) 751-9800 for a free consultation.