Rochester Nursing Home Negligence Law Firm, Representing Victims of Abuse, Neglect, Negligence and Wrongful Death
Placing a loved one in a Rochester nursing home or assisted living facility can be a difficult decision. When you choose a Rochester nursing home, you are placing your trust in that facility treat your loved one with dignity and will ensure they are free from abuse or neglect. Additionally, you are placing your trust in both staff and management to take care of your loved one and communicate with your family.
This is not just basic human decency — this is required by Federal law.
“Each resident must receive, and the facility must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in accordance with the comprehensive assessment and plan of care.” 42 CFR Section 483.24
Sadly, neglect and abuse occurs far too often at Rochester nursing homes and assisted living facilities. Brevda Law, PLLC is dedicated to the fight against nursing home abuse and neglect. We focus our practice on helping families navigate the New York state and federal laws to get justice for preventable injuries caused by nursing home staff and management.
If you suspect your loved one has suffered from abuse or neglect at a Rochester Nursing Home or Assisted Living Facility, call 585-673-1200 for a free consultation.
Our Rochester Nursing Home Abuse Attorneys Can Help
Our legal team will:
- compassionately analyze your potential case cost free;
- provide guidance on protecting your loved one from future abuse or neglect;
- fight for justice and compensation to hold the management and facility responsible for their neglect and abuse.
Name, Address and Phone Number of our Rochester Nursing Home Lawyers
Brevda Law, PLLC
250 Mill St Rochester, NY 14614
How Our Rochester Nursing Home Abuse Lawyers Can Help Your Family
Both the State of New York and the Federal Government have created agencies to oversee nursing homes and assisted living facilities. Although these agencies are able to investigate nursing home abuse in Rochester, they are very limited in scope and are frequently spread too thin to thoroughly investigate each allegation of neglect in Rochester long-term care facilities.
Additionally, these agencies are only allowed to fine the facility, and cannot provide compensation to the victims of abuse.
Compensation is incredibly important because families may face mounting medical expenses and increased long-term care costs related to the abuse and neglect. Further, the victims themselves may suffer from significant pain and suffering due to preventable injuries or abuse. In the most tragic scenarios, families must deal with costs related to funeral planning in addition to the loss of their loved one.
In order to get adequate compensation for the abuse and neglect your loved one suffered, you will need a Rochester nursing home abuse attorney to pursue justice for your loved one.
At Brevda Law, PLLC, our Rochester Nursing Abuse Lawyers can Assist Families in the Fight for Justice
Rochester, NY is a dynamic city that has produced some of the most important technological inventions and advancements in consumer products in modern times. Just like this innovation Mecca on the south shores of Lake Ontario, Brevda Law, PLLC dedicates itself to seeking justice for victims of abuse and neglect in Western New York nursing homes through innovative techniques and proven strategies.
When you choose Brevda Law, PLLC as your Rochester nursing home abuse lawyers, you can expect compassionate assistance with:
Communicating with the Facility Owners/Managers and their Legal Counsel
- At this point, you are likely frustrated and fed up with speaking with management. We frequently find that the second a Rochester nursing home resident is abused or neglected, the whole facility tries to cover up the accidents through deceit and lies. Dealing with the facility management can be draining and time consuming, given your focus is likely on getting better treatment for your loved one. The Rochester Nursing Abuse Lawyers at Brevda Law, PLLC can take the pressure of you and your loved ones by handling communications with the insurance company and facility management.
Requesting Documents and Investigating the Case
- Families tend to have some level of documentation from the facility or hospital, but this information is often incomplete. It can be a giant hassle to wrangle the appropriate medical records to investigate the case. Our Rochester Nursing Home Abuse Lawyers can assist with requesting the medical records and contacting the relevant state and federal agencies. Further, Brevda Law, PLLC will review past records, photographs and other documents to determine if there were patterns of underfunding, underbudgeting, understaffing, or repeat abuse by staff members.
Demanding the compensation your family is entitled
- Your family likely is contacting us not only to receive compensation for the medical bills and pain and suffering caused by facility neglect and abuse, but to make a change so other elderly residents do not suffer the same fate. Our Rochester Nursing Home Abuse Lawyers focus on fighting for compensation to hurt a neglectful facility’s bottom line. Many of the injuries caused in Rochester facilities are due to management understaffing the nursing home to increase profits. By holding these abusive Rochester nursing homes accountable, you are increasing the probability they will appropriately staff in the future to avoid other injuries.
What are Common Injuries at Rochester Nursing Homes and Assisted Living Facilities?
There are a number of indicators that suggest a loved on has suffered abuse or neglect at a Rochester nursing home or assisted living facility. If any a loved one has suffered any of the below, it is important to investigate further:
- Bedsores – bedsores are wounds that are caused because of consistent pressure on the skin from remaining in the same position for significant amounts of time. These wounds are also known as decubitus ulcers or pressure wounds and are preventable with adequate care. For a resident who is bedbound or chair bound, staff must reposition the resident at least once every two hours. If you do not see your loved one being repositioned frequently, you need to alert staff immediately, as a bedsore may be developing. At first, a pressure wound may look like a red spot. These small red spots are called a Stage I bedsore. If improperly cared for, these Stage I decubitus ulcers can transform into a Stage IV wound which can go all the way down to the bone. Bedsores are incredibly painful and may require expensive and painful treatments such as debridements or wound vacs. If you notice any skin breakdown on your loved one, make sure to take a pictures to document any change in condition.
- Falls – according to recent calculations from the Centers for Disease Control, around 1,800 elderly nursing home residents die from falls per year. If an elderly resident survives a fall, they are likely to have traumatic injuries such as bone breaks or fractures. Certain fractures, such a femur fractures, tib-fib fractures or hip fractures can lead to permanent disability and significantly reduced quality of life. Nursing homes have a duty to assess each resident’s fall risk and to mitigate fall risks throughout the facility. This means they need to ensure the property is safe (avoiding hazards such as slippery floors, uneven walkways, improper wheel chairs). Additionally, this means the facility must staff appropriately to ensure residents are properly assisted with their activities of daily living
- Dehydration – an elderly resident can become dehydrated if not provided enough liquids. Dehydration can occur from staff not providing enough water or sustenance by feeding tube. Additionally, dehydration can occur due to diuretic medicine provided. Dehydration is fixable with ease, but can lead to devastating effects if not dealt with in a timely manner by staff.
- Malnutrition – malnutrition is caused by the lack of proper nutrients absorbed by the body. One potential cause of malnutrition is an overworked staff that does not ensure a resident is receiving the proper food or is consuming the food (especially if they needed assistance with eating). Notable signs of malnutrition are rapid weight loss, change in behavior and increased vulnerability towards illness.
- Medication Errors – effective administration of medicine is integral to appropriate care of a nursing home resident. If staff is not provided the correct medicine, or is too overworked to provide it at requested intervals, serious medical issues can occur.
- Changes in Behavior – if your loved one is suddenly acting frightened of staff, this may be an indication that physical or verbal abuse is occurring. Further, if dementia or cognitive functional decline increases, this may be an indicator that a resident is suffering from an infection, such as a UTI, or has suffered an injury they are unable to describe.
- Unexplained Injuries or Death – if an accident occurs at a Rochester nursing home, staff should contact you in real time to tell you what happened. If you notice unexplained injuries, such a broken bones, fractures or bruising, and staff cannot explain how it happened, they may be covering up negligence or abuse.
Can a Nursing Home be Sued for the Actions of Its Employees?
Yes. Under the principle of respondeat superior, employees are considered to be the agents of their employers, which means that you can sue an employer for the misconduct of its employees. This is important because, if your claim is large, the employee is unlikely to possess the financial resources to pay a judgment against him.
This principle also applies to a situation where a nursing home resident is hurt by another resident rather than by an employee. In this case, you would have to prove that the employee was negligent because, for example, he failed to properly supervise the residents.
How Does a Wrongful Death Lawsuit Based on Nursing Home Abuse Work?
Under New York’s wrongful death statute, the personal representative of your deceased loved one’s estate can file a wrongful death lawsuit. Typically, the personal representative is a close relative. The personal representative may sue for the following losses:
- Funeral and burial expenses
- Health care expenses arising from your deceased loved one’s final illness or injury
- Pain and suffering endured by your deceased loved one
- Nine percent interest on the foregoing amounts, starting with the date of death
Other possible damages such as lost wages, lost household services, and lost parenting services normally do not apply to nursing home residents. Unfortunately, family members cannot recover for their own grief and mental anguish.
Damages are divided among the estate itself and the people who stand to inherit your deceased loved one’s estate (typically close relatives).
What Are Some of the Telltale Signs of Nursing Home Abuse?
The following are only a few of the many possible signs of nursing home abuse:
- Bedsores (pressure ulcers)
- Personality changes such as frequent agitation or withdrawal
- Fractures or head injuries
- Frequent infections
- Unexplained changes in body weight
- Silence or withdrawal in the presence of staff members
- Heavy sedation
These symptoms do not necessarily establish nursing home abuse, but they likely do warrant investigation.
Rochester Nursing Home Abuse News
October 25, 2019 – New York Cuts Funding to Nursing Homes, Results in Litigation
Millions of dollars have been slashed from Rochester area nursing home budgets, due to an alteration in the State Department of Health’s reimbursement formula. The reason for the change was to curtail rampant abuse and fraud in New York nursing home billing. The nursing home industry in New York has banded together and has filed a lawsuit against New York for the reimbursement change.
In Rochester, NY, getting into the best nursing homes often requires significant amounts of private funds. Residents who do not have wealth often end up on medicaid and are forced to go to failing nursing homes such as New Roc Nursing Home.
April 19, 2019 – New Roc Nursing Home Placed on Federal Watch List
New Roc Nursing and Rehabilitation has been added to the Special Focus Facility (SFF) list for the worst nursing homes in the country. The Centers for Medicare and Medicaid Services (CMS) added New Roc Nursing and Rehabilitation on April 19, 2019. The facility has a history of poor performance, and has accumulated significant amounts of complaints and violations. The Special Focus Facility is a list for the worst nursing homes in America.
New Roc Nursing Home is located at 1335 Portland Ave, Rochester, NY 14621. According to the New York State Department of Health, New Roc Nursing and Rehabilitation Center has 120 beds with a 75% occupancy rate. The facility is owned by Blossom North, LLC.
Rochester Nursing Homes and Nursing Homes Around ROC
There are currently 40 nursing homes in Monroe County, NY in proximity to Rochester:
|Brookdale Pittsford||159 Sully’s Trail||Monroe||Pittsford||14534|
|The Northfield||4560 Nine Mile Point Road||Monroe||Fairport||14450|
|The Hamlet at Park Ridge||1471 Long Pond Road||Monroe||Rochester||14626|
|Glenmere at Cloverwood||One Wheatley Terrace||Monroe||Pittsford||14534|
|Elderwood Village at Fairport||7 Chardonnay Drive||Monroe||Fairport||14450|
|Rainier Grove at Cherry Ridge||900 Cherry Ridge Road||Monroe||Webster||14580|
|The Landing of Brighton||1350 Westfall Road||Monroe||Rochester||14618|
|Family Srvs/Rochester EHP2 Jonathan Child Project||399 Colvin Avenue||Monroe||Rochester||14611|
|Heather Heights of Pittsford||160 West Jefferson Road||Monroe||Pittsford||14534|
|Wolk Manor Enriched Living Center||4000 Summit Circle Drive||Monroe||Rochester||14618|
|Atria Penfield||2006 Five Mile Line Road||Monroe||Penfield||14526|
|Family Srvs/Rochester EHP1 Danforth Towers East||140 West Avenue||Monroe||Rochester||14611|
|Seniorfirst Assisted Living at Valley Manor||1530 East Avenue||Monroe||Rochester||14610|
|Crimson Ridge Gardens||1 Treeline Drive||Monroe||Rochester||14612|
|Shire Senior Living Assisted Living Program||2515 Culver Road||Monroe||Rochester||14609|
|Legacy at Maiden Park||749 Maiden Lane||Monroe||Rochester||14615|
|Grande’ville Senior Living Community||555 Maiden Lane||Monroe||Rochester||14616|
|Cobbs Hill Manor||1175 Monroe Avenue||Monroe||Rochester||14620|
|Grande’Vie Senior Living||2140 Five Mile Line Road||Monroe||Penfield||14526|
|Emeritus at the Landing of Brockport||90 West Avenue||Monroe||Brockport||14420|
|Rochester Presbyterian Home||256 Thurston Road||Monroe||Rochester||14619|
|Fairport Baptist Homes Adult Care Facility||4646 Nine Mile Point Road||Monroe||Fairport||14450|
|Westwood Commons Adult Home||50 Union Square Boulevard||Monroe||North Chili||14514|
|Greece Long Pond Senior Housing||1 GBC Parkway||Monroe||Rochester||14626|
|Family Srvs/Rochester EHP3 Hudson-Ridge Towers||401 Seneca Manor Drive||Monroe||Rochester||14621|
|Seabury Woods||110 Dalaker Drive||Monroe||Rochester||14624|
|Sage Harbor at Baywinde||100 Kidd Castle Way||Monroe||Webster||14580|
|Hilton East Assisted Living||231 East Avenue||Monroe||Hilton||14468|
|Atria Greece||150 Towngate Road||Monroe||Rochester||14626|
|Woodcrest Commons||4455 West Henrietta Road||Monroe||Henrietta||14467|
|Crimson Ridge Meadows||3 Treeline Drive||Monroe||Rochester||14612|
|Laurelwood at the Highlands||300 Hahnemann Trail||Monroe||Pittsford||14534|
|Elderwood Village at Greece||1404 Long Pond Road||Monroe||Rochester||14626|
|RPH-West||48 Cottage Grove Circle||Monroe||North Chili||14514|
|Legacy at Cranberry Landing||300 Cranberry Landing Drive||Monroe||Rochester||14609|
|RPH East||20 Crossing Creek Drive||Monroe||Fairport||14450|
|The Village at Mill Landing||45 Mill Road||Monroe||Rochester||14626|
|Heathwood Assisted Living at Penfield||100 Elderwood Court||Monroe||Penfield||14526|
|The Hawthorne||1 Johnsarbor Dr. E||Monroe||Rochester||14620|
|Brentland Woods||3831 East Henrietta Road||Monroe||Henrietta||14467|
Free Nursing Home Abuse Case Consultation
Speak with a NY nursing home abuse attorney now for your free case consultation. It costs nothing to retain our firm to prosecute your case. We only get paid if you make a financial recovery.
Call now: 585-673-1200