How To Report Elder Abuse in New York
Elder abuse occurs when someone acts or fails to act in a way that creates a risk to an adult over the age of 60. In New York, the abuse of senior citizens in nursing homes, assisted living facilities, and other care facilities is unfortunately widespread and frequently underreported. The state estimates that 300,000 older New Yorkers are victimized each year, and that for every reported case of abuse, five or more go unreported.
Nursing home abuse and neglect can stem from medical malpractice, negligent care, or intentional misconduct. Nursing home residents are entitled to a reasonable standard of care and a safe living environment, and facilities that violate these obligations may be held liable under New York law.
How Do I Report Elder Abuse in New York?
If you become aware of an elderly person who is experiencing nursing home abuse in New York, it’s crucial to notify the proper authorities as soon as possible. If the elderly person is in immediate danger, call 911. Otherwise, you can contact New York Adult Protective Services or New York State Justice Center for the Protection of People with Special Needs.
Reporting to Adult Protective Services (APS)
New York’s Adult Protective Services (APS) agency has numerous local bureaus that can help elderly residents experiencing abuse and investigate allegations of abuse and neglect. If you suspect someone is a victim of elder abuse, call the APS Helpline at 1-844-697-3505, call your local APS bureau, or file a complaint online.
Calling 911 or Local Authorities for Immediate Danger
If a senior is in immediate danger or their situation is life-threatening, call the police immediately. If the danger is not immediate, but you suspect that abuse has occurred or is occurring, relay your concerns to the local adult protective services, long-term care ombudsman, or local law enforcement officials.
Reporting to the New York State Justice Center for the Protection of People with Special Needs
In certain facilities and programs overseen by the New York State Justice Center, abuse or neglect may be reported to the Vulnerable Persons Central Register (VPCR) hotline if they believe that a person with special needs has been abused, neglected, or mistreated. Many elderly people are considered vulnerable, especially if they experience cognitive issues from dementia, Alzheimer’s, or other conditions. Report suspected abuse or neglect to the VPCR online or by calling 1-855-373-2122.
Contacting a New York Elder Abuse Attorney
If your loved one is experiencing abuse in a nursing facility, contacting an attorney can help guide your family through the legal process, ensuring that the abuse is reported and that legal action is pursued. A New York nursing home abuse attorney can serve as a voice for your vulnerable family member and can help you gather the required evidence and advise you on what is needed for your specific case.
How Long Do I Have To Report Elder Abuse in New York?
Elder abuse can take many forms, and the time limits for taking action may vary depending on the nature of the abuse and the type of legal claim involved. The deadlines for reporting conduct that may result in criminal charges are different from the time limits for filing a civil elder abuse lawsuit.
In New York, the statute of limitations for criminal elder abuse depends on the specific offense and its severity, with more serious crimes generally subject to longer filing periods. Some sexual offenses are not subject to any statute of limitations. Civil elder abuse claims are often governed by a three-year statute of limitations, though certain cases, such as those involving medical malpractice or wrongful death, may be subject to shorter deadlines. Identifying the correct legal path is essential to preserving your right to take action.
What Happens When the Deadline Passes
Even if you believe the statute of limitations for your elder abuse case has expired, it’s important to reach out to an attorney, as there are exceptions to these deadlines. There are several scenarios under New York law in which the statute of limitations may be paused, tolled, or extended, including cases involving mental incapacity or delayed discovery.
What Happens After You Report Elder Abuse in New York?
Once elder abuse is reported, the agency or agencies you reported the abuse to will begin investigations into the facility or health care provider that perpetrated or enabled the alleged abuse. If police find enough evidence that abuse occurred, prosecutors may file criminal charges against individuals involved, and state agencies may take regulatory action against the facility.
Investigation Process by APS and Law Enforcement
The Adult Protective Services program has the legal responsibility to investigate alleged abuse, neglect, or exploitation of vulnerable adults. The program is also responsible for protecting elderly individuals from harm.
Legal Actions and Consequences for Perpetrators
Possible legal consequences for people or facilities that perpetrated or enabled elder abuse may include criminal charges, civil nursing home abuse lawsuits, and other regulatory penalties by the state.
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
Frequently Asked Questions About Reporting Elder Abuse in New York
If you believe your loved one has experienced elder abuse in a nursing home or other care facility, reach out to Nursing Homes Abuse for more information.
What if I’m Not Sure if it’s Elder Abuse?
If you aren’t sure if an elderly person is being abused, but you suspect that that may be the case, you can ask for help from a trusted doctor or nurse. The types of elder abuse they may be able to identify include:
- Physical Abuse: Elderly physical abuse occurs when violence or force is used against an older person in an attempt to cause harm. It may take several forms, including actual violence, the threat of violence, or physical restraint.
- Emotional and Psychological Abuse: Psychological abuse includes attempts to intimidate or belittle an older person with words or actions. These can include verbal abuse, threats, isolation, or limiting choices so that they may no longer act with independence.
- Financial Exploitation: Financial abuse occurs when someone takes money or property from an elderly individual without their knowledge or consent. Common schemes involve taking money or credit cards, obtaining property through control, and identity theft.
- Sexual Abuse: Sexual elder abuse involves unwanted sexual contact with an elderly individual, unwanted advances, or sexual activity with someone who doesn’t have the intellectual capacity to consent.
- Neglect: Neglect is the failure of a caregiver to meet an elderly person’s medical or psychological needs. It may involve failing to provide medical care to older adults or failing to help with their daily living tasks.
What If the Senior Does Not Want to Report Abuse?
According to the New York Office for the Aging, adults with mental capacity have the right to choose whether to accept help. If an adult appears to be capable of understanding the risks and chooses to stay in an abusive or neglectful situation, APS will offer services and try to convince the adult to accept help. If there are questions about the adult’s mental capacity, the department will pursue a mental health evaluation to determine if court-ordered interventions are necessary.
Can I Anonymously Report Elder Abuse?
You can anonymously report elder abuse to Adult Protective Services or the police in New York.
What Evidence Do You Need For an Elder Abuse Case?
For a successful elder abuse case, you may need evidence such as medical records, photos of injuries, surveillance footage, witness testimony, and expert testimony.
Consult an Elder Abuse Lawyer in New York
If your loved one has been abused or neglected in a New York nursing facility, you don’t have to fight this battle alone. Effective legal counsel will increase your chances of proving that the neglect was caused by the intentional or unintentional actions of staff members.
Nursing Homes Abuse LLC works to inform families about the risks of nursing home abuse and help people take legal action if a loved one has been injured. We can help you find the best legal support for the abuse that happened to you or someone you love. Let us provide you with a free consultation and assessment of your case today.
