Westchester Nursing Home Abuse Lawyer
With a large elderly population, Westchester County is home to dozens of nursing homes and long-term care facilities for senior citizens. Unfortunately, oversight issues often arise at these facilities, leading to the abuse or neglect of vulnerable residents. If you suspect your loved one has experienced abuse or neglect at a Westchester County nursing home, a Westchester nursing home abuse lawyer can help your family seek justice and hold negligent facilities accountable.
- What Is Considered Nursing Home Abuse in New York?
- How a Westchester Nursing Home Abuse Lawyer Can Help
- Laws Protecting Nursing Home Residents in Westchester
- Types of Damages Awarded in a Nursing Home Abuse Lawsuit
- What to Do If You Suspect Nursing Home Abuse in Westchester
- Contact a Westchester Nursing Home Abuse Lawyer
What Is Considered Nursing Home Abuse in New York?
Nursing home abuse and neglect may give rise to civil claims when a facility or caregiver fails to meet required standards of care This can include physical, emotional, sexual, and financial abuse, as well as neglect and abandonment.
Why Nursing Home Abuse Often Goes Unreported
Abuse of senior citizens in nursing homes and assisted living facilities is widespread, and most cases go unreported. This can occur due to fear of retaliation, cognitive decline in victims, intimidation by staff, and a lack of awareness or involvement by the victim’s family.
A nursing home has a duty to keep its residents safe, but too many residents fall victim to abuse and neglect. When that happens, families deserve justice.
Nursing Homes and Assisted Living Facilities in Westchester
According to the New York State Department of Health, there are approximately 44 nursing homes in Westchester County offering various levels of care, including skilled nursing, rehabilitation, and memory care services. Westchester County’s Department of Senior Programs and Services reports that one-fifth of Westchester residents are age 60 or older, and 15% of people over 60 in the county are victims of abuse. The most common form of elder abuse reported in the county is neglect.
How a Westchester Nursing Home Abuse Lawyer Can Help
If you suspect that your loved one has been abused or neglected at a nursing home or other long-term care facility in Westchester County, speak with an experienced nursing home abuse lawyer as soon as possible. An attorney can listen to your story, review evidence, explain your legal rights and options, and potentially help you file a nursing home abuse lawsuit.
In Westchester County, a local lawyer can bring valuable experience to your case, as they are familiar with the local court system, local laws regarding elder abuse, and many of the county’s nursing homes and their standards of care.
Investigating Abuse and Gathering Evidence
During a legal investigation, your attorney will work to obtain your loved one’s nursing home and medical records, photographs of the facility and the resident’s injuries, copies of the facility’s licenses and inspections, prior ombudsman complaints or reports, and any physical evidence. Your attorney may also work with medical experts to provide testimony in support of your case.
Holding Nursing Homes and Staff Accountable
Nursing home abuse lawsuits can target a number of parties, depending on who perpetrated and enabled the abuse. This can include negligent caregivers, administrators, and corporate owners of nursing home facilities.
Seeking Compensation for Victims and Families
In a nursing home abuse lawsuit, compensation may include damages for medical costs, pain and suffering, emotional distress, and more, depending on the nature of the case.
Laws Protecting Nursing Home Residents in Westchester
In New York State, nursing home residents are guaranteed certain rights by both state law and federal law. New York’s Nursing Home Residents’ Bill of Rights provides legal protections to residents, and these rights are also federally protected under the Nursing Home Reform Act of 1987.
The New York Nursing Home Residents’ Bill of Rights
New York law includes a detailed Bill of Rights for nursing home residents that protects their dignity, safety, and care. 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
Statute of Limitations for Nursing Home Abuse in New York
In New York, the statute of limitations for nursing home abuse cases 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. In the case of wrongful death, families only have two years to file a lawsuit.Deadlines can vary based on the legal theory and whether a public facility is involved, so it’s important to speak with an attorney quickly.
Types of Damages Awarded in a Nursing Home Abuse Lawsuit
- Compensatory damages: Compensatory damages can include economic, non-economic, and wrongful death damages. These can provide compensation for medical expenses, rehabilitation, pain, suffering, emotional distress, funeral and burial expenses, and more.
- Punitive damages: Though rare, punitive damages are sometimes awarded by a court to punish the defendant for intentional wrongdoing or gross negligence.
What to Do If You Suspect Nursing Home Abuse in Westchester
If you see signs of nursing home abuse or neglect in your loved one in Westchester County, there are several immediate steps your family can take to protect your loved one and their rights.
Ensure the Resident’s Immediate Safety
Your first priority after discovering nursing home abuse should be removing the resident from danger and seeking medical attention.
Document Injuries and Concerns
As soon as possible after discovering potential nursing home abuse or neglect and moving the resident to safety, family members should gather medical records, photos of injuries, and witness statements. Additionally, keep records of any relevant staff interactions.
Report Abuse to Authorities
Aside from filing a lawsuit, families of abused nursing home residents can also report the abuse to the New York State Department of Health (DOH) or Adult Protective Services (APS). It’s important to involve authorities early, both to create evidence for your claim and to protect others from future harm.
To report abuse in Westchester County to Adult Protective Services, you can call 1-844-697-3505 or contact the county’s Adult Protective Services bureau. To file a complaint with the New York State Department of Health, you can call the Nursing Home Complaint Hotline at 1-888-201-4563 or fill out an online complaint form.
Contact a Westchester Nursing Home Abuse Lawyer
If your loved one has experienced abuse or neglect at a Westchester County nursing home or other long-term care facility, it’s important to fully understand your legal rights and options. At Nursing Homes Abuse LLC, our mission is to help the countless nursing home residents who have suffered abuse and neglect by those entrusted with their care. Contact us today to get connected with an experienced Westchester nursing home abuse attorney for a free consultation and assessment of your case.
