Experienced Law Firm Fighting New York Nursing Home Abuse & Negligence
We are your New York Nursing Home Abuse Attorneys
The New York nursing home abuse lawyers at Brevda Law are dedicated to fighting for the rights of those hurt and killed due to nursing home neglect, negligence or abuse. Unlike other generalist firms that accept all types of cases, our law firm focuses solely on pursuing justice for victims of elder abuse due to nursing home negligence, assisted living neglect or hospital malpractice.
From our New York City and Rochester offices, our law firm can get you and your family answers today. Our New York nursing home abuse attorneys have recovered in excess of $50 million for victims and their families. Let our experience and focus on this sub-specialty help you on your journey to justice.
Our elder abuse law firm firm has vast experience in representing families against nursing homes and assisted living facilities for actions involving:
- Pressure sores
- Infectious Disease
- Wrongful Death
Call a skilled and caring New York nursing home abuse lawyer now – free consultation
The elder abuse lawyers at our law firm have dedicated their careers to fighting abuse and neglect of vulnerable seniors. Elder abuse is what we do. We can help you and your family obtain justice after an injury or wrongful death inside a New York facility. Begin the conversation by calling us now for your free case consultation at 646-969-5855. You can also fill out the free online contact form below.
What is Nursing Home Neglect, Nursing Home Negligence or Nursing Home Abuse?
Nursing home abuse, negligence or neglect comes in many forms. It can be direct physical abuse, which could involve punching, pinching, slapping or even sexual assault by staff members or other residents. Additionally, abuse can take the form of an unwanted and unnecessary physical restraint (holding down a resident against their will) or chemical restraint (where a staff member over medicates a patient to affect their behavior).
Abuse does not have to involve physical contact – in fact, it is unfortunately common for staff to emotionally abuse residents. This could include screaming at a resident, threatening them, or insulting them out of frustration or anger. While not as obvious as physical abuse, verbal abuse can have a lasting effect for patients that can negatively affect a resident’s physical and emotional well being.
The most common form of negligence or neglect is a failure by the nursing home to meet a basic standard of care for its residents. Sadly, many nursing homes care more about their profits than the safety and well being of their residents. Many nursing homes decide to understaff or hire unqualified workers to save money. This can lead to residents being neglected in their beds for too long without proper care, which can lead to bedsores. Additionally, unqualified or overburdened staff can allow patients to wander and fall, which can lead to serious fractures. Further, neglect by staff members can lead to malnutrition or dehydration, where an overworked staff member forgets to feed a resident or to ensure that a resident is finishing their meals and hydrating him or herself. Sadly all of these failures can lead to serious injury or even wrongful death.
What Are Signs of Nursing Home Neglect, Nursing Home Negligence, and Nursing Home Abuse?
Nursing home residents are often times unable to effectively communicate neglect or abuse due to age and/or diminished capacity. It is important to constantly look out for signs of neglect, negligence or abuse.
If you notice any of the following, your loved one may have been abused or neglected:
- Pressure sores (Bed sores or pressure ulcers)
- Physical Assault
- Verbal Assault
- Doctor Negligence
- Sexual Assault
- Marks or bruises near the breast or genitals may be indicators of sexual assault
- Aspiration Pneumonia
- Wrongful Death
- Understaffing/Unqualified Care Providers
- Unusual weight loss or weight gain
- A drastic change in mood or behavior, withdrawal from usual activities or abnormal depression
- Frequent arguments between caregivers and residents or tense interactions
What Should I Do if I Suspect Nursing Home Abuse or Neglect?
First, if the danger is immediate, call 911.
Raise any concerns with an attending physician and with the director of the nursing home. Make sure to take detailed notes of your concerns, along with the responses provided, and action plans to address such concerns.
Write a complaint to the New York Department of Health, Nursing Homes and ICF/IID Surveillance, which is responsible for investigating complaints and incidents for nursing homes in New York State, which are related to State and/or Federal regulatory violations. A complaint against a nursing home should be submitted in writing by the complainant.
If you are unable to submit your complaint using the form above, then you may call the Nursing Home Complaint hotline (1-888-201-4563), which can be called 24 hours per day, seven days per week. Nursing Homes and ICF/IID Surveillance staff control the hotline Monday through Friday from 8:30 a.m. to 4:45 p.m. A voicemail message may be left during non-business hours.
Contact a law firm that focuses on representing victims of New York nursing home abuse and neglect. Speak with a New York Nursing Home Lawyer today by calling 646-969-5855.
Why is it important to choose a firm that focuses on nursing home abuse?
Brevda Law’s New York office primarily focuses on cases involving elder abuse in nursing homes and assisted living facilities throughout the state of New York. Unlike car accidents or other personal injury cases, nursing home abuse cases have specific statutory rules and procedures that require experience to navigate effectively.
At our New York nursing home abuse law firm, we leverage our expertise and concentration on elder abuse cases to zealously represent our clients. We go to work every day to seek justice and adequate compensation for families that are grieving due to nursing home negligence.
Learn More About Our New York Nursing Home Abuse Lawyers
Our attorneys are also members of Senior Justice Law Firm. With multiple offices throughout Florida (Senior Justice Law Firm) and New York (Brevda Law), our elder abuse attorneys proudly lead the fight against nursing home & assisted living negligence on behalf of victims and their families. Learn more about our team, what we do and why we care.
How Does my Case Help the Fight Against New York Elder Abuse?
Placing your loved one in a nursing home can be a harrowing experience. You are entrusting the health and safety of one of the most important people in your life to a facility and its staff when your loved one is at their most vulnerable. Sadly, many facilities are quick to accept money without spending to adequately care for its residents, creating situations where vulnerable residents are abused or neglected on a frequent basis. In fact, the situation has become so problematic that Congress commissioned a study which found that 30% of all nursing homes were cited for instances of abuse over a two year period. Even more shocking, a recent study of actual nursing home residents suggests that as many as 95% of residents have either been neglected or have seen another patient neglected.
What this data shows, and what our experienced New York nursing home abuse attorneys are acutely aware of, is that most instances of abuse and neglect go unreported. Many nursing homes and assisted living facilities take advantage of vulnerable patients’ inability to clearly communicate abuse and neglect, and understaff their facilities to increase their profits. Worse, the majority of nursing home fees are paid by taxpayers in the form of Medicare or Medicaid, with 62% of all beds in nursing homes being paid for by Medicare alone. The owners of these facilities make a conscious decision to sacrifice quality of care in order to increase their own wealth from taxpayer money. The only way to reign in this greed is by making these owners pay when abuse or neglect is caught. By seeking justice for nursing home neglect in New York, you are not only fighting for justice for your loved one, but for those seniors whose neglect and abuse went unreported. Further, your fight keeps these nursing homes more honest for future residents, encouraging these homes to invest more in staff and safety equipment to prevent future abuse and neglect.
To determine whether the injuries to your loved one are due to nursing home abuse, nursing home neglect or nursing home negligence, please contact our New York nursing home abuse law firm for a free consultation.
Does Elder Abuse Happen Frequently in New York?
There are over 600 nursing home facilities spread across the state of New York. According to the New York Department of Health, facilities are priced differently by region, with the highest average cost in Long Island and the lowest average cost in the central region of New York State. Shockingly, in 2014, the Department of Health received a whopping 11,097 cases of violations of Federal or State regulation by facilities or abuse, neglect or mistreatment of an individual in a skilled nursing home facility.
Many of theses claims stem from understaffing and under qualified staff and could have been completely preventable. In fact, a recent audit by the state comptroller’s office showed that New York’s Education Department took around five times longer than it should have to investigate complaints of serious offenses by nurses, including working while intoxicated or sexual and physical abuse.
If you believe your loved one has been neglected or abused in a nursing home in the State of New York, it is important that you discuss the facts of your loved one’s injury with a firm that has vast experience in dealing with nursing home abuse cases in order to achieve justice and adequate compensation.
What Is the Nursing Home Bill of Rights in New York State and Does It Apply to My Loved One?
The State of New York guarantees basic rights to all New York nursing home residents. These guarantees must be integrated into each facility’s policies, and these policies must be explained to you. The New York Nursing Home Bill of Rights guarantees:
- Dignity, respect and a comfortable living environment.
- Quality of care and treatment without discrimination.
- Freedom of choice to make your own, independent decisions.
- Be informed in writing about services and fees before you enter the nursing home.
- The safeguard of your property and money.
- Appeal a transfer or discharge with the New York State Department of Health.
- Privacy in communications.
- Choose your own schedule, activities and other preferences that are important to you.
- Receive visitors of your choosing at the time of your choosing.
- An easy-to-use and responsive complaint procedure.
- Be free from abuse including verbal, sexual, mental and physical abuse.
- Be free from restraints.
- Exercise all of your rights without fear of reprisals.
If you feel a facility has violated any of these guarantees, you should reach out to our New York nursing home abuse law firm to discuss whether you are entitled to damages.
Nursing Home Rights Violations Can Lead to a Private Cause of Action in a NY Nursing Home Abuse Lawsuit
New York provides for a private cause of action if a nursing home resident’s rights were violated. Provided by statute, Public Health Law §2801-d states:
Upon a finding that a patient has been deprived of a right or benefit and that said patient has been injured as a result of said deprivation, and unless there is a finding that the facility exercised all care reasonably necessary to prevent and limit the deprivation and injury to the patient, compensatory damages shall be assessed in an amount sufficient to compensate such patient for such injury . . . §2801-d(2)
Special Damages, like Punitive Damages and Attorneys Fees, Available in New York Nursing Home Cases
This statutory cause of action is better in many ways than a traditional negligence claim. In addition to traditional ‘normal’ compensatory damages, you can seek extraordinary damages which compensate you beyond the injury sustained.
§2801-d allows for a lower burden of proof and special damages, like punitive damages (§2801-d(2)) and attorneys fees (§2801-d(6)).
Areas Our New York Nursing Home Abuse Attorney Serves
Our NY Nursing Home Abuse Law Firm accepts cases in the following areas in New York:
- New York City
- Long Island
- Mount Vernon
More Questions on NY Nursing Home Abuse & Neglect?
Speak with a Top-Rated New York Nursing Home Abuse Attorney Now
Want to ask your specific question? Speak with our New York nursing home abuse lawyer at Brevda Law right now by calling 646-969-5855. If you’d rather email our New York elder abuse law firm, complete the contact form below. We look forward to helping you and your family achieve justice.