Rochester Nursing Home Abuse Lawyers
Filing Claims Against Nursing Homes & Assisted Living Centers
Horn Wright, LLP in Rochester can be trusted with your most sensitive personal injury claims, including nursing home abuse cases. We have years of collective experience and familiarity with local nursing homes and assisted living centers. Turn our insight into your advantage by allowing us to represent you and your elderly loved one who has been abused or neglected.
Dial (585) 245-0255 to set a consultation with our Rochester nursing home abuse lawyers.
Nursing Home Abuse vs. Nursing Home Neglect
Nursing home abuse refers to actions that cause harm or distress to a resident, including physical, emotional, sexual, or financial abuse. This can involve hitting, neglecting medical care, verbal threats, or stealing a resident's money. Abuse can also occur when caregivers misuse their authority to manipulate or harm residents.
Nursing home neglect happens when a caregiver fails to provide proper care, resulting in harm or risk to the resident. This can include not giving proper medication, failing to assist with hygiene, or ignoring basic needs like food and water.
Both abuse and neglect violate federal and state laws, which protect the rights of nursing home residents to receive adequate care and live free from harm. Legal action may be pursued to hold facilities accountable.
Types of Nursing Home Abuse
Nursing home abuse can take many forms, which sometimes makes it difficult to realize anything wrong is even happening. The problem is exacerbated by the fact that many elders do not want to speak up against their abuser out of fear or cannot speak up due to memory issues or speech impediments. It might be up to you to know about the different types of nursing home abuse and how to recognize their telltale warning signs.
Four of the main types of nursing home abuse are:
- Physical: Violent caretakers and residents might resort to physically assaulting helpless elderly residents in this heinous form of nursing home abuse.
- Sexual: In some disturbing cases, a caretaker may sexually assault an elderly resident who is unable to provide consent or stop the encounter.
- Social or emotional: When an elderly resident is intentionally excluded from group activities or prevented from talking with their loved ones, it can constitute emotional abuse that causes mental health difficulties like anxiety or depression.
- Financial: Stealing from or exploiting an elder in a nursing home is another form of abuse, which is often carried out by caretakers who know where the elder keeps a purse or checkbook.
Remember to call our law firm as soon as you can after you suspect your elderly loved one is being abused in their nursing home and you know they are currently safe. If you are worried that they might be at risk of immediate physical or sexual abuse, then you should call the authorities first.
Common Signs of Nursing Home Abuse in NY
Nursing home abuse is a serious issue that can happen anywhere, including New York. Here are some common signs of nursing home abuse to look out for:
Physical Signs
- Unexplained injuries such as bruises, cuts, burns, or broken bones
- Bedsores
- Poor hygiene
- Malnutrition or dehydration
- Over-medication or under-medication
Behavioral Signs
- Withdrawal from social activities
- Depression or anxiety
- Fear or aggression
- Changes in appetite or sleep patterns
- Difficulty communicating
Financial Signs
- Missing money or belongings
- Sudden changes in wills or financial documents
- Unexplained charges on bank statements
Common Causes of Nursing Home Abuse
Nursing home abuse can be caused by several factors, including:
- understaffing,
- lack of training,
- high staff turnover, and
- burnout among caregivers.
When nursing homes are understaffed, employees may become overwhelmed, leading to frustration and neglect of residents. Poor supervision or inadequate background checks can result in hiring staff who are unfit to provide care, increasing the risk of abuse. Inadequate training on how to properly care for residents with physical or cognitive limitations may also contribute to abusive behavior.
Additionally, financial pressures within the facility can lead to cost-cutting measures that compromise the quality of care. These factors create an environment where abuse may occur, often unnoticed by management or families.
Real Dangers of Nursing Home Neglect
Nursing home neglect is separate from nursing home abuse in that the harm caused is unintentional. However, unintentional harm is still harm, and it can still be severe enough to cause lasting injuries or life-threatening complications. Neglect is also enough to warrant a nursing home neglect claim or lawsuit in pursuit of fair damages and compensation.
Your elderly loved one might be struggling with nursing home neglect if they are:
- Malnourished or dehydrated
- Not receiving all their required medication
- Complaining of bedsores
- Feeling isolated or forgotten
What To Do About Suspected Nursing Home Abuse in NY
If you suspect nursing home or elder abuse in New York, here are some steps you can take:
Report the Abuse:
- New York State Department of Health: This is the primary agency for reporting nursing home abuse. They have Adult Care Facilities/Assisted Living services. You can call them at 1-866-893-6772 or you can file a complaint online.
- Adult Protective Services (APS): This program investigates reports of abuse, neglect, and exploitation of adults with disabilities or those over 60. You can call the statewide helpline at 1-844-697-3505 (Monday-Friday, 8:30 AM to 8:00 PM).
- Local Law Enforcement: If you suspect a crime has been committed, such as physical assault or financial exploitation, contact your local police department.
Gather Evidence:
- Document any injuries, changes in behavior, or unsanitary conditions you observe. Take pictures with dates if possible.
- Keep copies of medical records, bank statements, or any other documents that may be relevant.
- Talk to other residents or staff who may have witnessed something.
Advocate for Your Loved One:
- Talk to the nursing home administrator about your concerns.
- Contact the New York State Long-Term Care Ombudsman Program (1-855-582-6769) for free legal advice and assistance in resolving problems within the facility.
- Consider legal representation specializing in elder abuse in Rochester, NY.
Damages Available in NY Nursing Home Abuse Cases
In New York, there are no caps on damages awarded in nursing home abuse cases. This means that a court can award compensation for all the losses suffered by the victim, which can be categorized into two main types: compensatory damages and punitive damages.
Compensatory damages are designed to reimburse the victim for their financial losses and compensate them for their pain and suffering. These can include:
- Medical expenses related to the abuse, including hospitalization, surgeries, rehabilitation, and medication
- Long-term care costs necessitated by the abuse
- Pain and suffering
- Emotional distress
- Loss of consortium (the companionship and love of the victim)
- Out-of-pocket expenses incurred due to the abuse
Punitive damages are awarded to punish the nursing home for egregious conduct and deter similar behavior in the future. These are only awarded in cases where the nursing home's actions were intentional or showed reckless disregard for the resident's safety.
Statute of Limitations for Nursing Home Abuse Claims in New York
In New York, the general statute of limitations for filing a lawsuit for nursing home abuse falls under personal injury claims. The deadline to sue is typically three years from the date the injury occurred or the date you discovered the injury, according to CVP ยง214(5).
Take Action Today for a Better Tomorrow
The sooner you can address nursing home abuse, the better things can be for your elderly loved one. Please contact our firm in Rochester at your first opportunity to let us know what is going on. During an initial case evaluation, we can tell you what should be done next.
You can also call (585) 245-0255 to speak with a Rochester, NY nursing home abuse attorney directly.
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What is Nursing Home Abuse Under Federal Law?
Under federal law, nursing home abuse includes any act or failure to act that causes harm, serious risk of harm, or distress to a nursing home resident. Abuse can be physical, emotional, sexual, or financial in nature.
The Nursing Home Reform Act and other federal regulations protect residents' rights to receive proper care and be free from abuse and neglect. These laws require facilities to protect residents from harm, maintain their dignity, and provide necessary care. Violations can result in legal action against the nursing home, including fines, penalties, or loss of federal funding. Abuse must be reported and addressed promptly by the facility and relevant authorities.
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What is Emotional Abuse in a Nursing Home?
Emotional abuse in a nursing home refers to actions or verbal statements that cause emotional pain, distress, or psychological harm to a resident. It can include yelling, insults, threats, intimidation, humiliation, or manipulation.
Emotional abuse may not leave visible signs but can manifest in the resident’s behavior, such as withdrawal, depression, anxiety, or fearfulness. This type of abuse can seriously impact a resident's mental health and quality of life. Federal regulations under the Nursing Home Reform Act protect residents from emotional abuse, and nursing homes have a duty to ensure their residents are treated with respect and dignity, free from psychological harm.
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Is Verbal Abuse Considered Nursing Home Abuse?
Yes, verbal abuse is considered nursing home abuse. It involves the use of insults, yelling, threats, or demeaning language that causes emotional distress, fear, or psychological harm to a resident. Verbal abuse can be as harmful as physical abuse and can lead to anxiety, depression, or other emotional issues in residents.
The Nursing Home Reform Act and other federal laws protect residents from all forms of abuse, including verbal abuse. Nursing homes are required to treat residents with dignity and respect, and failure to do so can result in legal consequences. If verbal abuse is suspected, it should be reported immediately to authorities or a legal professional.
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