(914) 220-1086It’s no secret that life expectancy in the United States is much higher than it has ever been in the past. In fact, here in Westchester County, 18.8% of our population is over the age of 65. While living longer is a great thing, it also means that older people often need additional care in their golden years.
On the whole, nursing homes can be great places, staffed by caring, wonderful employees. However, there are unfortunately too many situations where nursing home residents are abused or neglected by staff. In these situations, you might be able to file a personal injury lawsuit against the facility and its employees with the help of a nursing home abuse attorney.
Reach out today to schedule a free consultation with a White Plains personal injury lawyer.
Types of Nursing Home Abuse Cases We Handle
According to the National Institute on Aging, elder abuse affects hundreds of thousands of older Americans each year. There are many types of elder abuse:
- Physical abuse including hitting, pushing, slapping, or restraining an older person against their will.
- Sexual abuse involves forcing an older person to either participate in or watch sexual acts without their consent. In some cases, due to issues such as dementia, the older person cannot consent to any type of sexual activity.
- Emotional abuse can involve threatening, yelling at, or restricting access to friends and relatives.
- Neglect, which may include not providing basic care or access to food, medications, or health care as well as ignoring emotional needs. It may lead to pressure injuries, such as bedsores, as well as other types of injuries.
Elderly people are often more vulnerable to abuse because they may be dependent on others for their basic needs, such as feeding themselves, bathing, getting dressed, and taking medication. Health issues, including memory problems, can also make it difficult for older people to report the abuse – or even understand that it is happening to them.
It isn’t always easy to spot nursing home abuse. However, there are some signs and symptoms that you can look for when visiting a loved one in a facility. This may include:
- Pressure sores (bedsores, decubiti)
- Malnutrition and dehydration
- Falls and fractures
- Withdrawn or depressed mood
- Medication errors
- Signs of trauma, such as rocking back and forth
- Infections
- Missing medical devices (such as hearing aids or glasses)
- Unexplained financial difficulties
- Malnutrition and dehydration
- Unexplained bruises or cuts
- Choking incidents
- Significant weight loss or gain
- Looks unkempt (unbrushed hair, dirty clothes)
If you believe that your loved one is being abused or neglected, then you should take action. The New York State Department of Health, Division of Nursing Home and ICF/IID Surveillance investigates allegations of abuse, mistreatment, or neglect in nursing homes, assisted living, and long-term care facilities. If you suspect abuse, you should submit a complaint form or call the Nursing Home Complaint Hotline (1-888-201-4563).
The Department of Health will investigate the allegations. If the complaint is substantiated, it may take action against the facility. Its investigation and report may also become evidence in a nursing home abuse lawsuit If possible, you should also move your family member to a different nursing home.
Filing a Nursing Home Abuse Lawsuit
Nursing home abuse lawsuits are a type of personal injury claim. They may be based on a theory of negligent, reckless, or intentional conduct depending on the facts of the case. Generally, cases that involve physical abuse, sexual abuse, and/or emotional abuse are brought on the basis that the nursing home acted intentionally or recklessly. Nursing home neglect cases are usually based on a theory of negligence (carelessness).
In many cases, a nursing home is not intentionally harming its residents. Nursing homes are often chronically understaffed, particularly after the COVID-19 pandemic. When a facility lacks sufficient employees to provide the appropriate level of care, residents’ needs are often unmet.
If your loved one was abused or neglected at a nursing home, they can likely file a lawsuit against the responsible parties with the help of a White Plains nursing home abuse lawyer. If they lack the capacity to file a lawsuit, then you may bring a lawsuit on their behalf. If they died as a result of the abuse or neglect, you may also be able to file a wrongful death claim against the nursing home and any responsible employees.
In some situations, nursing home abuse and neglect cases will also lead to criminal charges. Importantly, you can still file a nursing home abuse lawsuit regardless of whether criminal charges are filed against the at-fault party. Depending on the situation, you may file a claim against:
- Staff who work directly with nursing home residents
- Administrators, managers, or other people responsible for training and supervising staff
- Owners or operators of the facility
Like most personal injury lawsuits, nursing home abuse cases are most often resolved outside of court. However, these companies and their insurers are usually not willing to pay fair compensation without the threat of litigation. Our law firm has the experience and skill necessary to hold nursing homes accountable and to help our clients get the compensation that they deserve for their emotional distress, medical bills, and other losses.
It isn’t always obvious that an older person’s injuries were caused by nursing home abuse or neglect. The facility may even argue that injuries or illnesses were due to the resident’s pre-existing health condition. If you are unsure of your rights or whether you have a valid claim, you should reach out to our law offices to schedule a free initial consultation with a White Plains nursing home abuse lawyer.
Compensation and Settlements in Nursing Home Abuse Cases
In any personal injury case, the victim (plaintiff) is entitled to financial compensation for any harm that was caused by the at-fault party (defendant). This compensation is referred to as damages. There are three types of damages that you may seek in a nursing home abuse case: economic, non-economic, and punitive damages.
Economic damages and noneconomic damages are considered compensatory damages because they compensate a plaintiff for their losses. Economic damages pay for direct financial losses, such as medical bills, future medical treatment, hospital expenses, counseling, and the cost of moving to a new nursing home. Noneconomic damages pay for intangible losses like pain and suffering, emotional distress, scarring, disfigurement, and reduced quality of life.
Punitive damages do not compensate a victim for their losses. Instead, they are used as a way to punish someone who hurt someone intentionally or recklessly – such as in cases of physical or sexual abuse. Our nursing home abuse lawyers can help you understand how punitive damages may come into play in your case.
The best way to get maximum compensation for your losses is by working with a personal injury law firm with specific experience handling nursing home abuse cases. The Law Offices of Thomas Gallivan has handled hundreds of these cases throughout the state of New York. We have the knowledge and experience to help you get top dollar for your claim.
Help for Victims of Nursing Home Abuse
When you decide that it is time for a loved one to go to a nursing home, the last thing that you expect is for them to be treated poorly. Unfortunately, this is a far too common reality – whether due to insufficient staffing or cruelty on the part of staff. If you or a family member has suffered nursing home abuse, we can help you get the compensation that you deserve for your injuries.
The Law Offices of Thomas L. Gallivan represent clients whose lives have been affected by nursing home abuse and neglect. We help people get a measure of justice for their injuries – along with the financial compensation that they need to move forward with their lives. To learn more or to schedule a free consultation with a White Plains nursing home abuse lawyer, give us a call at 914-220-1086 or fill out our online contact form.
How Can I Pay for a Nursing Home Abuse Attorney?
Personal injury law firms typically handle cases – including nursing home abuse and neglect claims – on a contingency fee basis. This means that you won’t pay any money up-front and will only pay an attorney’s fee if they recover money for you. The fee will be a percentage of your total recovery and is capped by New York law.
A contingency fee means that even if money is tight, you can still have high-quality legal representation. It also helps to level the playing field when an individual or family is going up against a major corporation and their insurance company. Contact the Law Offices of Thomas L. Gallivan today to schedule a free consultation with a White Plains nursing home abuse lawyer.
How Long Do I Have to File a Nursing Home Abuse Lawsuit?
In New York, the statute of limitations for most personal injury cases is 3 years. With some exceptions – such as when the injured person does not have capacity – this means that you have 3 years from the date of the injury to file a lawsuit. For nursing home abuse cases, the clock will typically start running when you either discovered or should have discovered the abuse or neglect.
While 3 years is a long time, it is important to get the process started as soon as possible. Over time, witness memories can fade and important evidence may be lost or destroyed. In White Plains, contact the Law Offices of Thomas L. Gallivan to talk to a nursing home abuse attorney about your case.
