New York Nursing Home Abuse Lawyer
Elder abuse has serious effects, with the National Center on Elder Abuse reporting that a senior who is victimized by abuse has a 300 percent higher risk of death when compared to a senior not subject to abuse. Unfortunately, elder abuse may affect more than 1 million seniors each year, although the exact number of abuse cases is not known because many instances go unreported.
While any senior is at potential risk for abuse by caregivers, those in nursing homes are especially at risk of being abused or neglected by overworked, untrained, or uncaring staff. If you or a loved one has been victimized, a New York nursing home abuse attorney at The Perecman Firm is here to help.
Types of Abuse in New York City Nursing Homes
Nursing home abuse in New York City nursing homes takes many forms. Examples include:
Physical abuse: Pushing, hitting, slapping, punching, burning, or taking other actions that physically harm a nursing home resident.
Sexual abuse: Engaging in unwanted sexual behavior or touching with a nursing home resident without consent. One patient may also sexually abuse another if a nursing home fails to provide proper supervision and security.
Emotional abuse: Verbal threats, name-calling and using other manipulative or harmful language can all constitute emotional abuse.
Financial abuse: A nursing home responsible for managing a senior’s assets or protecting the senior’s possessions could be responsible if the money is intentionally mismanaged or if the senior’s possessions are taken.
Chemical restraint: Patients are prescribed antipsychotic medications that they do not need in order to make them more docile and easier to control.
All of these types of abuse can result in a senior suffering serious physical harm. The nursing home can also be held responsible for damage that a senior suffers due to neglect, such as when a senior develops severe bedsores as a result of staff failing to turn the patient or treat sores.
Who Is Responsible for Nursing Home Abuse?
Every nursing home has an obligation to provide reasonable care to residents. If a nursing home is negligent in instituting policies that protect patients or if the nursing home fails to screen and supervise staff, the nursing home can be held responsible for harm that comes to patients.
A nursing home staff member who engages in abuse may also be held responsible for injuries that result. However, when the injury is caused by a staff member, it may also be advisable to take action against the nursing home since the business entity may have more money and insurance to pay for losses. A New York nursing home abuse attorney can help you determine if the nursing home will be responsible for the staff’s negligence.
Contact a New York Nursing Home Abuse Attorney
When abuse occurs in New York City nursing homes, you can recover compensation for medical bills and costs, lost income, pain and suffering, emotional distress, or wrongful death. Injured victims or their family members can take action by filing a lawsuit and going to court or settling the claim by negotiating an out-of-court settlement.
The victim will need to prove that the nursing home or its staff provided unreasonably negligent care and that this negligence was the direct cause of harm. A New York nursing home abuse attorney at The Perecman Firm can help you gather evidence and build your case. Contact us today for a free consultation.