Some senior citizens reside in nursing homes while they suffer from medical conditions that require daily assistance. While nursing homes provide valuable care for vulnerable populations, abuse is widespread, with 50% of staff admitting to abusing a resident within the past year, according to the National Center on Elder Abuse (NCEA). Residents at nursing homes have compromised independence, which can make abuse difficult to identify and prevent. Disabled nursing home residents, especially those with conditions like dementia, are particularly vulnerable to abuse.
If you or a loved one is subjected to elderly abuse, a Yonkers nursing home abuse lawyer can file a personal injury claim and recover financial damages. Nursing home abuse encompasses physical, emotional, and financial harm.
Examples of abuse that is common in nursing homes include:
- Neglect
- Theft
- Exploitation
- Assault
- Harassment
Physical injuries can lead to hospitalization and chronic conditions, while emotional abuse can compromise your quality of life. Discussing your legal options with a Yonkers nursing home abuse lawyer can file a personal injury claim to recover damages for the abuse and advise you on how to report the abuse.
Abuse includes negligent behavior. In nursing home settings, conditions like bedsores are the result of negligent care. If your loved one is injured by another resident, the facility may be liable for the injuries because they failed to keep your loved one safe. You have three years from the date of your injuries to pursue a personal injury claim involving elder abuse, making it important to consult a Yonkers nursing home abuse lawyer promptly after you become aware of the tortious conduct.
Call Morelli Law Firm today at (212) 751-9800 to schedule a free consultation to review your legal options if your loved one is a victim of nursing home elderly abuse.
What Is a Personal Injury Claim?
Elder abuse is a crime in New York. When your loved one suffers hard because of elder abuse at a nursing home, the conduct that caused your injury is tortious. Laws mandate that nursing homes provide a certain standard of care that ensures residents are safe and respected. However, injuries caused by malicious and negligent conduct are common in nursing homes.
A personal injury claim exists when the actions of the tortfeasor caused you to sustain injuries. To pursue a personal injury claim, the conduct must directly cause injuries. Both intentional and unintentional behavior can be considered tortious conduct.
Intentional Torts
Intentional torts are rooted in malicious intent, meaning the actions are meant to cause harm. Examples of intentional torts include:
- Assault
- Theft
- Harassment
Elder abuse typically involves intentional torts, with physical and emotional abuse accounting for some of the nursing home complaints filed. Physical abuse in nursing homes can include staff hitting or striking residents. Verbal and psychological abuse is also considered an intentional tort because the intent is to cause the victim to feel emotional harm.
Negligence
Negligence is an unintentional tort and occurs when someone owes a duty-to-care and fails to meet that obligation, resulting in physical, emotional, or financial harm. Neglect may occur alongside abuse in nursing homes.
Signs of neglect in nursing homes can include:
- Poorly maintained facilities
- Residents looking unkempt
- Bedsores
- Poor hygiene among residents
- Weight loss
If your loved one is experiencing neglect at a nursing home, it is important to document the abuse and report it to the Department of Health. Neglect can result in medical conditions worsening, as neglectful care can increase the risk of developing infections and viruses. Since some residents in nursing homes have medical conditions that require daily treatment or medications, neglect can result in your loved one not receiving the care necessary to remain healthy.
Sudden weight loss can be a sign of neglect, which can increase the risk of malnutrition.
If you or a loved one has experienced elder abuse at a nursing home facility, call Morelli Law Firm today at (212) 751-9800 to schedule a free consultation.
Damages
New York allows you to file a personal injury claim against a nursing home if you or a loved one experienced elder abuse. To pursue a personal injury claim, a Yonkers nursing home abuse lawyer must file a claim within three years and can recover economic and noneconomic damages. In severe cases of abuse, your loved one may be entitled to punitive damages. If your loved one died as a result of elder abuse, you can pursue a wrongful death claim. New York does not cap damages in a personal injury or wrongful death claim.
Economic
Actual costs you paid as a direct result of tortious conduct that caused your injuries are considered economic damages. If your loved one suffered neglect at a nursing home and the injuries required hospitalization, those medical costs would be classified as actual damages. If your loved one was a victim of financial abuse, the amount of money stolen would be considered an economic loss.
Noneconomic
When injuries impact your quality of life but do cannot be calculated or actualized, they are considered noneconomic losses. Common examples of noneconomic losses include pain and suffering and mental distress. During personal injury claims, juries can award damages to compensate for the emotional and future pain your injuries cause.
Wrongful Death
If your loved one died because of abuse at a nursing home, you can recover damages if you are the parent, spouse, child, or personal representative of the decedent. Unlike personal injury claims, wrongful death cases must be filed within two years, and you can contact a Yonkers nursing home abuse lawyer if you believe you are entitled to pursue a wrongful death claim.
Yonkers Nursing Home Abuse Lawyer Near Me 877-751-9800
Call Morelli Law Firm Today
If you entrusted a nursing home to protect and care for your loved one, discovering that they harmed your loved one can be devastating. Injuries caused by elder abuse can diminish your quality of life and independence, you can reach out to a Yonkers nursing home abuse lawyer if your loved one is the victim of elderly abuse at a personal care home.
Call Morelli Law Firm today at (212) 751-9800 to schedule a free consultation.