New York City Nursing Home Abuse Lawyer
How common is elder abuse in the U.S.?
Nursing homes are entrusted with the care of beloved elderly patients, promising professional assistance and attentive treatment. Unfortunately, this is not always the case. Some statistics estimate that more than one million Americans aged 65 and older are have been the victim of nursing care negligence or abuse. The New York State Elder Abuse Prevalence Study found that 1 in 13 elderly adults was victimized by some form of elder abuse. Although government agencies monitor the quality of care facilities, instances of abuse can and do occur. Your loved one has rights that protect them against wrongful treatment in long-term care facilities.
Steps to Take if You Suspect Elder Abuse
If you suspect that an elderly family member is being abused or neglected at a nursing home, you must act quickly. Many nursing homes will avoid lawsuits by burying you in paper work. These cases can be complex and time-consuming, so before contacting us, there are a few steps you should take:
- Verify your family member's story. Be certain the victim fully understands what happened, and run their story by any witnesses. Be sure to gather any medical records and take photos of any visible injuries.
- Consider moving your loved one to another facility. If the immediate safety of your loved one is at risk, you should not hesitate to move them to another facility at once.
- Inform the appropriate authorities. In some states, you are required to report an instance of elder abuse when you learn it has occurred. If the district attorney decides that the evidence warrants criminal charges, the state will file charges against the nursing home.
- File a complaint with the appropriate agencies. File a complaint with your state's department of social services, adult protective services, or elder protective services.
- Hire an experienced personal injury attorney. If your loved one has been abused, contact us today. We specialize in elder abuse and personal injury, and we will get to work on your case immediately. If other nursing home residents have been affected as well, it may be possible to file a class action lawsuit.
Common Instances of Nursing Home Negligence & Abuse
Bed sores are usually formed when the victim experiences persistent stress on a part of the body - often from laying in one position for too long. These sores can be extremely painful and even fatal. Bed sores are a sign of neglect, as nursing homes and hospitals are required to prevent and plan against bed sores by taking proper precautions which include, turning the patient, using a special bed and so forth.
There are a number of nursing home errors that can put a resident in danger of slipping or falling, including failure to account for past injuries or health risks, poorly trained staff members, inappropriate footwear or walking aids, or the presence of hazards such as wet floors or broken assistance. There are many other forms of elder abuse that can occur in care facilities, including gangrene, wrong medication, aspiration pneumonia, over-sedation, theft, abandonment, faulty equipment or even, sexual assault.
These circumstances are unacceptable. The federal 1987 Nursing Home Reform Law requires care facilities to protect and promote the health, dignity, self-determination, and rights of elderly residents. New York also has its own state laws - found in §2801-d - which are designed to protect nursing home residents and ensure the right of victims to seek financial compensation through private lawsuit in the event of negligence or abuse.
If you feel that you or a loved one may be the victim of wrongful treatment in an elder care facility, you should seek legal help from the team at Jaroslawicz & Jaros, LLC right away.
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Common Signs of Elder Abuse
There are multiple forms of elder abuse, and each one has different warning signs. You should be concerned if a staff member is reluctant to let you spend time alone with your loved one. If their personality has changed drastically or they are constantly moody or argumentative, this should be cause for concern.
Signs of physical abuse include:
- Bedsores or marks from restraints
- Bruising or broken bones
- Sudden weight loss / dehydration or malnutrition
- Over-sedation and over-medication
Signs of verbal abuse:
- Your elder may blame themselves for insignificant problems
- He or she may show excessive fear or apprehension around certain people
- Visible depression or anger
- Rocking, sucking or mumbling known as "false dementia"
Signs of financial abuse:
- Recent, frequent withdrawals from bank accounts
- Losses of personal property
- New loans or mortgage contracts
- Recent revisions to wills, deeds or trusts
Strong Legal Advocacy for Elderly Victims in NYC
At Jaroslawicz & Jaros, LLC, we are committed to helping victims of elder abuse recover the compensation they deserve from at-fault care facilities. Our New York City personal injury attorneys have recovered more than $1 billion in damages and we are known for our close involvement in working with each client. If we represent you, rest assured that your case will never be passed off to an inexperienced paralegal or secretary - you will always work directly with one of our top-ranked and award-winning attorneys.
We write and argue our own appeals and always work directly with our clients to resolve their case. If you believe that your loved one has been the victim of nursing home negligence or abuse, seek legal help right away. Enlisting an attorney from our firm means that you will have a trusted legal mind by your side to fight for the legal rights of your loved one - defending their interests and helping you recover due compensation for wrongs suffered. Our firm is committed to advocating for victims of elder abuse and seeking damages.
Remember, cases must be filed before a statute of limitations, so it is imperative that you address the case right away. Call us today and receive a free case evaluation.