(914) 220-1086Due to advances in modern medicine, Americans are living longer than ever before. While this is incredible in many ways, it often means that families must seek out additional care for their loved ones. This often includes seeking out a skilled nursing facility or other personal care facility for their family members.
While many nursing homes provide excellent care, many fall short of that standard. Nursing home abuse is a serious problem in Westchester County and throughout New York. If your loved one was abused or neglected at a nursing home, you may be able to file a personal injury lawsuit against the at-fault parties, including the facility itself, administrators, doctors, nurses, personal care attendants, and other employees. A nurse home abuse claim can help your loved one get financial compensation for their losses – along with justice.
Based in White Plains, the Law Offices of Thomas L. Gallivan advocates for the rights of injury victims throughout New York. Our experienced nursing home abuse attorneys will work with you to help you get the money that you are entitled to under the law. Reach out to our law firm to schedule a free initial consultation with one of our personal injury lawyers.
Recognizing Elder Abuse
Elder abuse can include any type of abuse or neglect of a person over the age of 65. It can include physical abuse, emotional or psychological abuse, neglect, sexual abuse, and financial exploitation. In many cases, the victims are unable to explain what is happening to them due to dementia, memory problems, and other issues.
If your family member is in a personal care facility, you should be aware of the signs of nursing home abuse. They include an older person:
- Seeming depressed, confused, or withdrawn
- Being isolated from friends and family
- Having unexplained bruises, burns, or scars
- Visiting the doctor for falls and fractures
- Appearing dirty, dehydrated or malnourished, over or undermedicated, or not having their necessary medical devices or medications
- Getting sick from medication errors
- Having pressure sores (bedsores), infections, or other preventable conditions
- Experiencing unusual changes in banking or spending patterns
If you believe that your loved one is being abused or neglected, then there are some immediate steps that you can take. First, consider filing a complaint with the New York State Department of Health, Division of Nursing Home and ICF/IID Surveillance. You can do so online or by calling the Nursing Home Complaint Hotline (1-888-201-4563).
The Department of Health will investigate the allegations against the care facility. If they find evidence to support the allegations, then they will issue a report. This report may be helpful as part of a nursing home abuse lawsuit.
Second, if you suspect abuse or neglect, then you may consider finding a new facility. It can be difficult to find a care home for an older person, particularly if they have specialized medical needs. If possible, try to move your family member into a new home and away from an abuser.
Third, reach out to the Law Offices of Thomas L. Gallivan to talk to a Westchester County nursing home abuse lawyer. We will help you understand your options, which may include filing a lawsuit against any responsible parties.
Filing a Lawsuit for Nursing Home Abuse in Westchester County
Nursing home abuse claims are a type of personal injury lawsuit. They are usually based on one of two theories: (1) negligence or (2) intentional or reckless conduct. Nursing home neglect cases are often considered a form of negligence, while physical, sexual, and emotional abuse claims are usually based on intentional behavior.
Negligence is a legal term that means failing to use the level of care that a reasonable person would use in a similar situation. For nursing homes, negligence cases look at the level of care that a reasonable nursing home would provide. For example, if a reasonable nursing home would make sure that a patient is turned regularly to prevent bedsores, then a failure to do so can be a form of negligence. In many cases, neglect is linked to poor staffing levels that affect the facility’s ability to provide proper care.
Intentional or reckless behavior can also be the basis of a nursing home abuse lawsuit. For example, if a care attendant hits or pushes a patient, that intentional conduct could be the basis of a lawsuit. The person who intentionally abuses a patient can be held liable, along with the facility and any supervisors who failed to properly screen job applicants or train and supervise employees.
Abuse and neglect may also lead to criminal charges. However, even if a prosecutor isn’t charging anyone with a crime, you can still file a claim against anyone responsible for your loved one’s injuries, including:
- Employees who work with nursing home residents, including doctors, nurses, attendants, and other staff
- Administrators, managers, or any other people responsible for training and supervising staff
- The owners or operators of the facility
Our White Plains nursing home abuse attorneys will investigate the allegations against the nursing home and advise you of your options. If your family members can do so, they can file a lawsuit themselves. Otherwise, you may need to pursue legal action on their behalf. If nursing home abuse leads to the death of a family member, the estate can file a wrongful death lawsuit against any responsible parties.
The best way to get the compensation that you deserve for your injuries is by working with a seasoned attorney. Without the threat of a lawsuit – or a pending lawsuit – it may be difficult or even impossible to get a settlement from a care home or their insurance company. Our law firm will work with you to put together the strongest possible case and will fight for your right to maximum compensation.
Nursing Home Abuse Settlements
The majority of personal injury claims are resolved outside of court, often through a settlement. Even if you file a lawsuit, the chances of your case going to trial are usually low. Your attorney will keep you updated on the status of negotiations and the potential for your case to go to court. In some cases, it may be necessary to take the nursing home to court to get the money that you deserve for your injuries.
For both settlements and jury trials, a nursing home abuse victim may be entitled to two types of damages: compensatory and punitive. Compensatory damages cover a victim’s losses, while punitive damages punish a person who acted intentionally or recklessly.
Compensatory damages are further broken down into two subtypes – economic and non-economic damages. Economic damages pay for direct financial losses, while non-economic damages pay for intangible losses. They may include:
- Economic damages: medical bills, future medical treatment, hospital expenses, the cost of moving to a different facility, any additional specialized care that may be required, and psychological counseling.
- Non-economic damages: decreased quality of life, pain and suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement.
For example, a nursing home failed to protect its residents from fall hazards and one of its patients broke their hip after tripping and falling. They could potentially recover money to pay for the cost of medical care along with money for their indirect losses. For example, if they lose independence because of the hip fracture, they could recover money for loss of enjoyment of life/decreased quality of life.
If the nursing home staff or the nursing home itself acted intentionally or recklessly, then punitive damages may be awarded. These damages are only available in cases where a party acted intentionally or recklessly and not for negligence. These damages may be possible in different cases, such as physical or sexual abuse.
Whether your case settles out of court or goes to trial, you won’t pay a fee unless you receive money for your injuries. Our personal injury attorneys handle all nursing home abuse and neglect cases on a contingency fee basis. With a contingency fee agreement, you pay nothing out of pocket. The attorney’s fee will be a percentage of your total recovery, paid out of the settlement or trial verdict amount.
Seeking Justice for Victims of Nursing Home Abuse and Neglect
Our older family members may have spent much of their lives taking care of us. It is only right that we do what we can to protect them when they are at their most vulnerable. When nursing home residents are abused or neglected, our law firm will fight to protect them and get them the compensation that they deserve.
The Law Offices of Thomas L. Gallivan represents individuals and families on a wide range of personal injury matters, including nursing home abuse and neglect. If you have been affected by nursing home abuse, we will advocate for you and help you get maximum compensation for your losses. To learn more or to schedule a free consultation with a Westchester County nursing home abuse lawyer, give us a call at 866-931-9539 or fill out our online contact form.
Can I File a Nursing Home Abuse Lawsuit If There Are No Criminal Charges?
Yes. Civil and criminal cases are distinct legal proceedings. While the existence of criminal charges may help a personal injury claim, it isn’t necessary to bring a lawsuit. Suppose your loved one was abused or neglected in a personal care facility. In that case, you can seek compensation for their losses regardless of whether or not law enforcement pursues criminal charges.
The first step in getting justice is reaching out to a White Plains nursing home abuse lawyer. Contact the Law Offices of Thomas L. Gallivan today to talk to a member of our legal team.
How Long Do I Have to File a Nursing Home Abuse Lawsuit?
In New York, the statute of limitations for personal injury claims is 3 years. For many claims, you will have 3 years from the date of the abuse – or when you learned of it – to file a claim. However, the statute of limitations for medical malpractice is shorter at 2 years and 6 months. If the abuse or neglect involved a healthcare professional, then you may be subject to this shorter time limit.
If you don’t file a lawsuit within this time, then your case will likely be dismissed. The best action is to consult with a Westchester County nursing home abuse attorney as soon as possible. Call the Law Offices of Thomas L. Gallivan to schedule a free consultation today.
