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Have You or a Loved One Been a Victim of Nursing Home Abuse in New York City?
Goldberg & Loren’s experienced nursing home abuse lawyers are dedicated to protecting the rights of elderly residents. With a track record of success in holding negligent facilities accountable, they are here to fight for justice on your behalf.
If you or your loved one has suffered from abuse or neglect in a nursing home, you deserve compensation and justice. By choosing Goldberg & Loren as your legal representation, you can have peace of mind knowing that skilled and compassionate lawyers are on your side.
Contact Goldberg & Loren today to schedule a free consultation and take the first step towards seeking justice for the harm you or your loved one has endured in a New York City nursing home.
What is Nursing Home Abuse?
Nursing home abuse is a distressing and all-too-common problem that affects some of the most vulnerable members of our society: the elderly.
It refers to any form of mistreatment or harm inflicted upon residents in nursing facilities, assisted living facilities, or long-term care facilities. This abuse can take various forms, including physical, emotional, sexual, and financial.
Identifying nursing home abuse can be challenging as victims may be hesitant to speak out due to fear, shame, or cognitive impairments.
Factors That Increase Likeliness of Abuse in Nursing Homes
- Staffing Shortages: Insufficient staffing levels can lead to overworked and stressed caregivers, ultimately increasing the risk of abuse. When there are not enough staff members to attend to the needs of residents adequately, there may be less supervision and accountability.
- Inadequate Training: Proper training is vital for nursing home staff to provide quality care and prevent abuse. Some facilities fail to provide comprehensive training programs for their employees.
Without the necessary knowledge and skills, staff members may be more prone to making mistakes or engaging in abusive behaviors. - Lack of Oversight and Accountability: Nursing homes should be regularly monitored and inspected to ensure that they are providing safe and quality care to residents.
However, some facilities may slip through the cracks, resulting in a lack of oversight and accountability. When nursing homes go unchecked, there is a higher chance of abuse occurring without consequences. - High Staff Turnover: High staff turnover rates can be indicative of deeper problems within a nursing home facility. Frequent turnover can disrupt continuity of care and negatively impact the quality of care provided. It may also create an environment where abuse can go unnoticed or unaddressed.
- Lack of Family Involvement: When family members are actively involved, it can act as a protective factor against abuse. If family members are absent or do not regularly visit or communicate with their loved ones, there may be less accountability and oversight.
According to The World Health Organization, around 1 in 6 people 60 years and older experienced some form of abuse in community care settings during the past year. [1]
Related Information
Common Types of Abuse
Physical Abuse
Physical abuse in nursing homes refers to any intentional use of physical force against a resident that may result in physical pain, injury, or harm. This can include actions such as hitting, pushing, slapping, restraining, or any other form of physical aggression. Physical abuse is never acceptable, and it is a clear violation of a resident’s rights.
Some common indicators of physical abuse include unexplained bruises, cuts, fractures, or injuries inconsistent with the resident’s medical condition. It is also important to pay attention to any changes in behavior, such as increased fearfulness, withdrawal, or avoidance of certain staff members or areas of the facility.
Sexual Abuse
It can be challenging to detect as victims may be unable or unwilling to communicate their experiences. Some common indicators of sexual abuse include unexplained bruises or injuries to the genital area, sexually transmitted infections, torn or bloody undergarments, sudden changes in behavior such as withdrawal or fearfulness, and a sudden onset of depression or anxiety.
Emotional Abuse
Emotional abuse involves the manipulation, intimidation, degradation, or humiliation of a person with the intention of exerting control or power over them.
It can take various forms, including verbal insults, threats, isolation, belittlement, or constant criticism. The consequences of emotional abuse can be devastating, leading to deteriorating mental health, low self-esteem, anxiety, depression, withdrawal, and a loss of trust in others.
Neglect
Neglect in nursing homes can take many forms. It may include failing to provide residents with proper nutrition and hydration, neglecting their personal hygiene, not assisting with mobility or transfer, ignoring their medical needs, or not addressing their emotional or social needs. Neglect can lead to physical ailments, deteriorating health, infections, bedsores, or even life-threatening conditions.
Some signs of neglect may include poor personal hygiene, unexplained weight loss, untreated medical conditions, bedsores, or unsanitary living conditions.
Medication Errors
Medication errors are another significant concern in nursing homes. With the large number of medications administered daily to residents, there is an increased risk of errors.
These errors can result from miscommunication, poor record-keeping, insufficient training of staff members, or inadequate supervision. Medication errors can lead to adverse drug reactions, complications, hospitalizations, or even fatalities.
Financial Exploitation
Financial exploitation is prevalent and often goes unnoticed or unreported. Many elderly individuals may not even be aware that they are being taken advantage of due to cognitive decline or dependence on others for financial management.
There are several warning signs that loved ones and caregivers should be aware of to identify potential financial exploitation. These signs may include sudden and unexplainable changes in the elderly person’s financial situation, such as missing funds, unpaid bills, or unusual financial transactions.
Other indicators may include the elderly person suddenly being unable to afford basic necessities, unusual purchases or gifts, changes in wills, trust documents, or other estate planning documents, or unauthorized access to bank accounts or credit cards.
Compensation for Abuse
To successfully pursue a compensation claim, gather evidence that supports the allegations of abuse and have detailed notes.
This may include photographs of injuries, medical records documenting the harm caused, witness statements, and any other relevant documentation.
In addition to pursuing compensation, report instances of abuse to the appropriate authorities. This ensures that the abuse is documented and investigated, helping to protect other residents from suffering similar mistreatment.
Adult Protective Services, local law enforcement agencies, and state health departments can offer guidance and support in reporting and addressing these cases. [2]
Benefits of Hiring a New York City Nursing Home Abuse Lawyer
- Knowledge and Experience: Our nursing home abuse lawyers are familiar with the legal procedures and requirements for pursuing a claim. With our experience and knowledge, we navigate the complex legal system on behalf of our clients.
- Investigation and Gathering Evidence: Building a strong case requires proper investigation and collection of evidence. Our nursing home abuse attorneys gather essential evidence such as medical records, witness statements, documentation of abuse incidents, and any other relevant information.
- Negotiation and Settlement: We will engage in discussions with the responsible parties, such as the nursing home, its staff, or insurance companies, to pursue fair compensation for our clients. We advocate for the rights of victims and negotiate settlements that accurately reflect the damages suffered.
- Expert Witness and Medical Expert Connections: In many nursing home abuse cases, the testimony of expert witnesses and medical experts is essential.
These professionals can provide valuable insights and opinions regarding the standard of care, the extent of injuries, and the long-term consequences of abuse. Our personal injury lawyers have connections with expert witnesses and medical experts who can strengthen cases with their professional opinions. - Trial Representation: In some cases, a nursing home abuse claim may proceed to trial. Having our skilled lawyer by your side who is comfortable representing clients in court can provide peace of mind and a higher chance of success.
Our nursing home abuse lawyer will be well-prepared to present a compelling case before a judge and jury, seeking the maximum compensation available. - Contingency Fee Arrangement: We work on a contingency fee basis. This means we only get paid if we win the case or successfully settle it. This arrangement eliminates the financial burden of upfront legal fees for victims and their families, ensuring access to justice for those who may not have the means to hire a lawyer otherwise.
Hiring our New York City nursing home abuse lawyers at Goldberg & Loren law firm offers a multitude of benefits for victims of abuse and their families. Our lawyers are key allies in seeking justice and obtaining rightful compensation.
Are You Concerned About the Well-Being of Your Loved One in a Nursing Home in New York City?
At Goldberg & Loren, we understand the pain and frustration that comes with discovering abuse or neglect in a nursing home. Our team of compassionate lawyers specializes in nursing home abuse cases, and we are here to fight for justice on behalf of your loved one.
Contact us today to schedule a free consultation, and let us help you navigate through the complex legal process. Don’t wait another day to seek justice for your loved one. Call Goldberg & Loren now.
Sources:
[1] Abuse of older people. (2022, June 13). Abuse of Older People. https://www.who.int/news-room/fact-sheets/detail/abuse-of-older-people
[2] Complaints About Nursing Home Care. (2015, August 1). Complaints About Nursing Home Care. https://www.health.ny.gov/facilities/nursing/complaints.htm
We are committed to vigorously advocating for our clients who have been victims of nursing home abuse in New York City. Our team of personal injury lawyers is fully dedicated to ensuring they receive the maximum compensation they deserve. Feel free to reach out to us today for a complimentary consultation to discuss your case further.
