Though the state of New York has multiple laws in place to protect elderly patients that are staying in nursing homes, the standard of care in this businesses can vary. While living in a nursing home, you are entitled to experience some very basic rights including:
– A right to experience quality care without discrimination
– A right to make your own medical and personal care decisions
– A right to protect your personal property and money
– A right to privacy in admission, transfer, and discharges
– A right to participate in activities
– A right to access a complaint procedure within the nursing home when necessary
– The right to experience all the above without any fear or punishment or retaliation
An infringement on any of these rights is a cause of complaint against many nursing home facilities. Some cases may be instances of nursing home abuse and need to be addressed immediately to stop and correct the situation.
According to the most recent report from the National Center on Elder Abuse (NCEA), 20,673 complaints have resulted in investigations for nursing home abuse across the nation including New York. The total number of reports each year has increased drastically, and the NCEA believes the number of reports only reflects one out of fourteen total cases of elderly abuse. Unfortunately, our nation’s elderly patients are not being cared for humanely and as the law dictates they are supposed to.
If you or a loved one has been abused while residing in a nursing home, it is your legal right to seek out compensation. An experienced lawyer like those at New York Lawyer will fight alongside you to ensure your rights are protected.
What is Elderly Abuse?
There are seven different types of abuse elderly patients are commonly subjected to. These include:
- Physical Abuse: When a person uses force against an elderly patient that results in injury, impairment, or pain.
- Emotional Abuse: When a caregiver subjects an elderly patient to verbal and/or non-verbal acts that result in mental pain, anguish, or distress. This type of abuse is difficult to detect as it does not leave any physical marks.
- Financial Exploitation: This is when a caregiver illegally or inappropriately uses an elderly person’s money, property, or other assets. This can be through fraudulent coercion or without the patient knowing.
- Neglect: This type of abuse occurs when a caregiver fails or refuses to fulfill their obligation to an elderly individual. This can be the refusal to change garments, clean up feces or body fluids, refusal to give foods or medication, and more.
- Sexual Abuse: This type of abuse is used to categorize non-consensual sexual contact between a caregiver and an elderly patient.
- Abandonment: This form of abuse is similar to neglect in some ways. However, it often includes a person deserting an elderly person that they have physical custody or assumed responsibility for providing care of.
- Self-Neglect: This is any form of behavior where the elderly person puts their own life or health in danger. Many nursing homes have precautions put in place to help prevent these instances
The first six of these categories include active abuse or negligence toward an elderly individual. If these forms of abuse occur, whether one type or multiple, it is grounds for a liability claim against the abuser. An injured party or their family can hold the abuser responsible for any physical or mental damage caused by these actions.
It does not matter whether the abuse is a single act or recurring negligence; the victim has a right to damages. In the majority of cases, the nursing home will be required to pay damages to the victim and will lose its certification and federal funding due to their failure to provide expected care to patients.
These measures work to ensure past, present, and any potential future victims are protected against harm. New York’s elderly should be able to live out their golden years in peace and comfort without having to worry about being mistreated.
Nursing Home Abuse Lawyers in New York
In New York State, neglect is one of the most common types of abuse elderly patients face in nursing homes. This type of abuse often results in bedsores, ulcers, both pressure and decubitus, overdoses on medication, dehydration, malnutrition, and even extremely harmful falls.
Anyone suffering these or other types of abuse related injuries needs to contact a qualified attorney like those at New York Lawyer as soon as possible to help with their claim. These patients are entitled to financial compensation due to their experience, and we work hard to make sure they receive the maximum amount they are entitled to.
If you or someone you love has ever experienced elder abuse in a nursing home, it is important to contact a lawyer immediately. You or your loved one may require immediate medical attention if they have been physically abused or neglected, and the sooner you document these injuries, the stronger your case.
It is important that you meet the statute of limitations for this type of abuse and, more importantly, it is crucial for the abuse to stop. Others may be experiencing the same type of abuse as you and your case may save countless others from abuse.
Our team of experienced attorneys can photograph injuries and collect evidence, testimonies, and medical reports to build your case up helps. For our clients across New York City, we compile their claims, gather evidence, and fight in court to ensure no one experiences these horrifying incidents again.
If you or someone you loved is subjected to nursing home abuse, it is imperative that you act quickly to protect yourself and your legal rights. Contact our law firm at (212) 354-6800 as soon as possible for a free case evaluation.