New York Nursing Home Abuse Lawyer
A nursing home’s function is to keep its residents safe, but too many residents fall victim to abuse and neglect. When that happens, families deserve justice. At Nursing Home Abuse, we focus on connecting victims and their loved ones with experienced attorneys. A New York nursing home abuse lawyer is waiting to discuss your case and help you pursue compensation.
- How a Nursing Home Abuse Lawyer Can Help
- Why Choose Nursing Homes Abuse LLC
- Recognizing Nursing Home Abuse and Neglect in New York
- Legal Rights of Nursing Home Residents in New York
- Average Nursing Home Abuse or Neglect Settlement in New York
- Get Legal Help With a New York Nursing Home Abuse Attorney
- Frequently Asked Questions
How a Nursing Home Abuse Lawyer Can Help
When someone you love is being mistreated, an experienced nursing home abuse and neglect attorney helps you take action.
- Consultations: Most nursing home abuse and neglect lawyers offer free consultations, where you can discuss your concerns and learn about your legal options without signing any contracts.
- Investigations: An experienced nursing home lawyer possesses the resources and experience to source and analyze evidence that may be inaccessible to others.
- Claim filing: A nursing home lawyer will compile the correct papers and file them with the appropriate court.
- Negotiation: An attorney can represent you in negotiations for damages if you file an abuse lawsuit against the nursing home or a third party.
- Litigation: When a nursing home or insurer declines to offer a fair settlement, the best approach is often to take the case to trial.
Taking a case to court may prolong the process, but it can also lead to higher compensation. An attorney can talk you through the strategy and help you make the most appropriate decision.
Why Choose Nursing Homes Abuse LLC
A nursing home abuse lawyer will fight for your loved one. Our experienced lawyers approach every case with compassion and a commitment to justice. Dedicated to pursuing the nursing home injury compensation you deserve, we take an aggressive approach to negotiation and litigation.
Our nursing home abuse attorneys are nationally recognized recipients of multiple awards, including the National Trial Lawyers and Top 100 Trial Lawyers. We bring decades of experience and in-depth knowledge of residents’ rights, including local familiarity with New York nursing home regulations and facilities.
When you trust us with your nursing home lawsuit, we put that knowledge to work on behalf of your loved one.
Recognizing Nursing Home Abuse and Neglect in New York
The word “abuse” often brings to mind physical violence or sexual misconduct, but elder abuse can also take less visible forms, including emotional, financial, and medical neglect. Our New York attorneys handle a variety of case types, including:
Physical abuse
Intentional actions or inactions that cause or risk bodily harm
Emotional abuse
Verbal or nonverbal actions intended to cause mental distress
Sexual abuse
Unwanted sexual contact or suggestive interactions, including nonconsensual intimate touching
Financial abuse
Illegal or improper use of a resident's money or other assets
Medical neglect
Failure of a caregiver to provide for the resident's needs, such as withholding food or medical care
Abandonment
A nursing staff member stops caring for a patient without notifying the supervisor or agency
If you suspect any of these types of abuse, connect with a New York state or NYC nursing home neglect and abuse attorney as soon as possible.
Get Legal Help
At Nursing Homes Abuse LLC, we partner with experienced nursing home abuse attorneys who can assist you and your loved ones to get the justice you deserve.
Mathew Shooshtary
The Sanders Law Firm
Jay Kenneth Margolis
The Sanders Law Firm
Legal Rights of Nursing Home Residents in New York
New York law includes a detailed Bill of Rights for nursing home residents. These rights include:
- Freedom from all forms of abuse and neglect
- Quality of care and treatment without discrimination
- Freedom of personal choice
- The ability to safeguard personal property, including finances
The state also grants the right to an accessible and responsive complaint procedure, which residents must be able to use without fear of retaliation or reprisal. Residents and their families may exercise this right at any time they suspect or experience abuse.
These rights are also federally protected under the Nursing Home Reform Act of 1987.
Reporting Nursing Home Neglect and Abuse
There are several ways to report abuse in nursing homes. You may disclose the situation directly to the nursing home, but facility representatives may fail to follow up appropriately.
If that happens—or if you don’t feel comfortable approaching the facility directly—you can contact New York’s long-term care ombudsman. This office is responsible for protecting residents’ rights, addressing complaints, and reconciling issues.
Another option is to contact Adult Protective Services (APS). This federally mandated service is available at the district level, with each of New York City’s boroughs and each county outside the city representing its own district. To request an investigation and potential case management, contact the APS office in your local social services district.
In New York, APS professionals are generally the only state-mandated reporters of elder abuse. However, certain medical or institutional staff may be required to report under professional or federal standards. Even then, the state only requires them to report criminal offenses. If you suspect mistreatment in a nursing home, you may be the only person to speak up.
Who Can File a Nursing Home Lawsuit in New York?
If the abuse victim is still living and mentally competent to do so, they can file a nursing home abuse lawsuit in New York. If not, their legal representative may file on their behalf. You must already have the appropriate designation to file.
If a nursing home resident passes away as a result of abuse or neglect, their estate representative may file a wrongful death action. A lawyer can assist you with filing, which typically must be completed within two years of the person’s passing.
It’s essential to get started as soon as possible so that you can file within the applicable statute of limitations, which varies depending on the case type. Cases involving negligence fall under the category of personal injury, meaning the plaintiff has three years from the date of the incident to file a lawsuit. Assault cases may carry a statute of limitations as short as one year, while medical malpractice claims typically have a 2.5-year deadline.
What to Expect After Filing a Nursing Home Abuse Claim in New York
After filing a lawsuit for nursing home abuse or neglect, your legal team will work to investigate the abuse or neglect and gather as much evidence as possible to prove that it was caused by the defendant(s). Once discovery is complete, your lawyers will attempt to negotiate a settlement with the defendants. If those negotiations fail, your case may proceed to a jury trial.
Average Nursing Home Abuse or Neglect Settlement in New York
Nursing home abuse and neglect settlements can range from the tens of thousands of dollars to millions of dollars, depending on the severity of the abuse and its effects on the victim. Though there is no guaranteed settlement amount when filing a nursing home abuse case, many settle in the hundreds of thousands of dollars range.
At Nursing Homes Abuse LLC, our experienced partner attorneys have secured settlements totaling over $500,000 on behalf of New York clients who experienced abuse and neglect in nursing facilities. If you or a loved one have experienced abuse or neglect in a nursing home, it’s never too late to take action.
Types of Legal Compensation Available in a Nursing Home Abuse Claim
Several types of compensation may be available in a successful nursing home abuse lawsuit. These include economic, non-economic, wrongful death, and punitive damages. Economic damages compensate plaintiffs for monetary losses that occurred due to the abuse, like the costs of medical treatment and rehabilitation. Non-economic damages aim to compensate victims for non-economic losses, such as pain, suffering, and emotional distress.
Wrongful death damages are available when abuse or neglect results in a resident’s death. Under New York law, these damages generally compensate surviving family members for financial losses, such as funeral and burial expenses, medical expenses related to the final injury or illness, and the value of lost financial support. A separate claim for the resident’s conscious pain and suffering may also be available through the estate.
Get Legal Help With a New York Nursing Home Abuse Attorney
If you or someone you love is experiencing abuse in a nursing home, it’s important to take action as soon as possible. Reach out today to schedule a free, confidential consultation with an experienced elder abuse and neglect lawyer. We have availability in New York City and beyond, and there’s no fee unless we win.
Frequently Asked Questions
If you have any questions about nursing home abuse or neglect in New York, contact Nursing Homes Abuse LLC to learn more.
How Much Does a Nursing Home Abuse Lawyer Cost in NY?
Most nursing home abuse attorneys in New York, including our legal partners at The Sanders Law Firm, take cases on a contingency fee basis, meaning there is no upfront cost to the client unless the legal team secures monetary damages.
Can I File a Claim Without a Lawyer?
Though you can technically file a nursing home abuse lawsuit without an attorney, there are numerous benefits of professional legal representation. Most nursing home abuse lawyers in New York work on a contingency fee basis, so you won’t have to pay anything up front. Additionally, attorneys in the area have experience with local courts, nursing homes, and medical experts who can provide testimony in support of your case.
What Are The Odds of Winning a Lawsuit Against a Nursing Home in New York?
The chance of winning a nursing home lawsuit in New York depends on a variety of factors, and there is no “one-size-fits-all” answer. Factors like the amount and clarity of evidence, the testimony of expert witnesses, and the number and type of defendants (nursing homes versus individual health care providers) can all affect how likely your case is to successfully resolve.
Do I Have a Nursing Home Abuse Case?
If you’re not sure whether you have grounds to file a nursing home abuse lawsuit, reach out to Nursing Homes Abuse LLC today for a free consultation and case evaluation.
