New York Nursing Home Abuse Lawyer

When our loved ones reach a certain age, we want them to be able to enjoy their final years in a safe and friendly environment. Many elder care facilities provide the assistance and medical attention our senior family members need to maintain such a lifestyle, but some are breeding grounds for abuse and neglect.

The New York nursing home abuse lawyers at Morelli Law Firm have a wealth of experience serving victims of elder abuse and are fully prepared to take on your case.

If you believe your loved one has been impacted by the negligent or ill-intentioned actions of a nursing home employee, a personal injury lawyer in New York can help you hold them liable for physical, emotional, and financial damages.

Damages You Can Receive in a New York Nursing Home Abuse Case

When you contact us, our attorneys can begin a personal injury case against the facility liable for your loved one’s abuse. Taking legal action may allow you to recover compensation for a variety of damages, both economic and non-economic. In severe cases of abuse, your family may be entitled to punitive damages.

Economic damages can be requested to cover expenses like medical bills and other tangible losses. Non-economic damages are meant to compensate for the emotional toll that abuse can take on a victim.

A nursing home negligence attorney in New York will be able to determine exactly which of the following damages you and your family member are eligible to receive:

• Pain and suffering
• Mental anguish
• Loss of enjoyment
• Past, present and future medical bills
• Transportation to and from doctor’s office

A Lawyer Can Determine Who Is Liable for Nursing Home Abuse

When seniors experience abuse in nursing homes, figuring out who is responsible for their abuse is critical to the process of filing a claim.

Some victims may be suffering from dementia or other memory problems, which makes identifying the guilty party extremely difficult without the assistance of a skilled lawyer.

An attorney will be able to conduct an investigation into your loved one’s case and determine who exactly is responsible for their injuries. In these cases, the guilty party is usually either an employee of the nursing home, a contractor, or the nursing home itself.

Here are several of the entities your Nursing home neglect attorney will consider as possible suspects in an abuse case:

• Nursing home physician
• Nurse
• Contracted care employees
• Custodial staff
• The nursing home itself

When the Nursing Home Is Responsible for Abuse

Many nursing homes in New York are understaffed, have high turnover rates, and fail to properly train their employees. When elder abuse occurs as a result of a nursing home’s failure to facilitate a healthy and safe environment, the institution must be held responsible.

If our elder abuse attorneys find that your loved one’s mistreatment resulted from the nursing home’s inability to provide a certain standard of care, they’ll hold the facility liable for medical expenses, emotional trauma, and any other related damages.

Here are some of the irresponsible actions a nursing home abuse lawyer can build a claim for:

• Failure to provide basic necessities like water, food, and toiletries
• Lack of medical care or prescription medications
• Failure to properly vet new employees
• Insufficient employee training
• Failure to maintain assistive equipment
• Lack of security

How a Nursing Home Abuse Lawyer in New York Can Help

If you’ve discovered that your family member is suffering from abuse, pursuing a civil case against their nursing home might not be the first thing that comes to mind. That’s where our team comes in—we want to take care of your legal concerns so that you can focus on tending to your loved one.

The New York nursing home abuse attorney we assign to your case will gather all the evidence they need to hold the guilty party responsible for their negligence.

Once your lawyer has gathered the necessary evidence and determined who is responsible for your loved one’s abuse, they’ll take the following steps to hold them liable for damages:

• File the necessary paperwork to initiate your claim or lawsuit
• Speak with the liable parties’ representatives for you
• Determine the value of your economic and non-economic damages
• Advise you on your legal options and any settlement offers you receive
• Prepare you for depositions or court appearances

Our Lawyers Can Handle a Variety of Nursing Home Abuse Cases

The National Center on Elder Abuse (NCEA) reports 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.

Multiple forms of abuse can occur in an elder care facility, and some are more immediately noticeable than others.

Our elder abuse lawyers in New York at Morelli Law Firm are able to investigate and file a claim for any type of mistreatment your loved one might be experiencing. If you feel that you have a nursing home abuse case, contact us immediately to discuss your options.

Physical Abuse

Physical abuse can include physical and sexual abuse committed by nursing home staff members and other residents. If a nursing home employee or resident hurts your loved one, a lawyer can hold the facility responsible for allowing the abuse to occur.

This can also include the use of chemical restraints or physical restraints that are not approved by a physician or are not needed.

Emotional Abuse

Negative and hateful comments can cause distress and make residents feel isolated, alone, and nervous. Verbal abuse can also drastically reduce your loved one’s quality of life and may result in psychological trauma.

If you notice that the staff is mistreating other residents when you visit your loved one, it might be a sign that your loved one is experiencing abuse as well. Another hallmark of abuse is when a loved one acts uncomfortable around certain staff members or residents.

Financial Abuse

Senior citizens are prone to experiencing financial exploitation and financial abuse, especially in nursing home facilities. 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, they may not notice when financial abuse occurs. Make sure to review your loved one’s bank statements and check for unauthorized transactions.

Contact the bank if you suspect your loved one is a victim of financial abuse. If you find that a nursing home employee is stealing from your family member, an attorney can help you file a claim against them.

Signs of Nursing Home Abuse

Being able to identify the signs of nursing home abuse will allow you to help your loved one seek better accommodations if they’re being mistreated. There are a number of indicators that point to different types of elder abuse.

If you notice any of the following signs of mistreatment in a living facility that houses your loved one, be sure to contact a lawyer, and they’ll help you file a claim:

• Dehydration
• Sudden weight loss
• Bruises, cuts, or open wounds
• Feeling upset
• Less talkative
• STD’s or bleeding in private areas
• Unexplained purchases
• Pressure ulcers – bed sores
• Sudden changes in your loved one’s will or life insurance

Some of these signs are more subtle than others, so it’s important to always be on the lookout for indicators of mistreatment and lack of proper care.

If you suspect your family member is a victim of nursing home abuse, starting the process of filing a claim as soon as possible is essential, as there are legal deadlines for filing injury claims in New York.

When Nursing Home Abuse Has Fatal Consequences

If your loved one has passed away due to nursing home neglect or injuries sustained at a care facility, we understand the pain you must be experiencing. As you mourn the loss of your loved one, filing a wrongful death claim is probably the furthest thing from your mind.

However, when a care provider’s actions lead to fatal consequences, they must be brought to justice.

A nursing home abuse attorney in New York at Morelli Law Firm can investigate your case and hold the at-fault party liable for their despicable behavior. They’ll demand a fair settlement, and if one isn’t offered, they’ll file a claim for the following wrongful death damages:

• Medical bills
• Loss of income
• Loss of consortium
• Pain and suffering
• Emotional trauma
• Funeral and burial expenses
• Punitive damages

What to Do if You Recognize Signs of Abuse

Elder abuse is considered a serious criminal offense in New York. If you discover your loved one is the victim of any type of abuse, it is important to file a report with law enforcement and Adult Protective Services (APS).

While this will initiate a criminal investigation, we encourage you to get in touch with our legal team to seek civil action.

You can also fill out a Nursing Home Complaint Form with the New York Department of Health. They’ll review your submission and let you know how they plan on handling your complaint. There’s also a Nursing Home Complaint Hotline you can find on the Department of Health website.

Statute of Limitations for Personal Injury Claims in New York

Make sure to hire a personal injury attorney as soon as you notice signs of mistreatment. Doing so will afford you the time you need to file a lawsuit within New York’s statute of limitations. Failure to file within the relevant timeframe will make it extremely difficult, if not impossible, to file a lawsuit.

According to CVP § 214, the legal deadline for filing a personal injury claim is three years from the date that the injury was discovered. If you need to file a wrongful death claim, EPT § 5-4.1 states that you need to do so within three years of your loved one’s passing.

An experienced nursing home abuse attorney in New York will make sure the correct documents are filed before the legal deadline.

We Offer No-Cost Legal Services for Abuse Victims in New York

Victims of nursing home abuse deserve respect and we work to ensure their dignity, safety, and peace of mind is restored. Our nursing home abuse lawyers in New York believe that everyone deserves the right to hold their loved one’s care providers responsible for neglect and abuse.

That’s why all our attorneys work for a contingency fee. That means they’ll litigate your case for a portion of your total compensation. If your claim is unsuccessful, you won’t have to pay any out-of-pocket legal fees.

Contact a Personal Injury Law Firm in New York for a Free Case Evaluation

If your loved one sustained injuries or passed away from abuse at their nursing facility, a New York nursing home abuse attorney from our team can help your family seek damages.

Our lawyers have years of experience holding care providers liable for mistreatment, so you can be confident that they’ll be able to build a successful claim for your loved one.

Contact Morelli Law Firm today for a free case evaluation. We’ll discuss the details of your case and get the ball rolling on your claim. Our team has decades of experience protecting the elderly from abuse and will work tirelessly until the party responsible for your loved one’s mistreatment is held accountable.