Though the state of New York has multiple laws in place to protect elderly patients that are staying in nursing homes and assisted living facilities, the standard of care in this businesses can vary.
While living in a nursing home, you are entitled to experience some very basic rights, including:
- The right to experience quality care without discrimination;
- The right to make your own medical and personal care decisions;
- The right to protect your personal property and money;
- The right to privacy in admission, transfer, and discharges;
- The right to participate in activities;
- The right to access a complaint procedure within the nursing home when necessary; and
- The right to experience all the above without any fear or punishment or retaliation.
An infringement on any of these rights is a cause of complaint against many nursing home facilities. Some cases may be instances of nursing home abuse and need to be addressed immediately to stop and correct the situation.
If you suspect any type of neglect, negligence, or abuse, call our New York City nursing home abuse lawyers at (646) 681-7055. Your consultation is free and private.
Elder Abuse Is Grossly Underreported
According to the most recent report from the National Center on Elder Abuse (NCEA), 20,673 complaints have resulted in investigations for nursing home abuse across the nation, including New York. The total number of reports each year has increased drastically, and the NCEA believes the number of reports only reflects 1 out of 14 total cases of elderly abuse. Unfortunately, our nation’s elderly patients are not being cared for humanely and as the law dictates they are supposed to.
If you or a loved one has been abused while residing in a nursing home, it is your legal right to seek out compensation. An experienced lawyer like those at Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. can fight alongside you to ensure your rights are protected. We can help you understand more about nursing home abuse, how to expose it, and your right to compensation.
What Is Elder Abuse?
There are seven different types of abuse elderly patients are commonly subjected to. These include:
- Physical Abuse: When a person uses force against an elderly patient that results in injury, impairment, or pain.
- Emotional Abuse: When a caregiver subjects an elderly patient to verbal and/or non-verbal acts that result in mental pain, anguish, or distress. This type of abuse is difficult to detect, as it does not leave any physical marks.
- Financial Exploitation: When a caregiver illegally or inappropriately uses an elderly person’s money, property, or other assets. This can be through fraudulent coercion or without the patient knowing.
- Neglect: When a caregiver fails or refuses to fulfill their obligation to an elderly individual. This can be the refusal to change garments, clean up feces or body fluids, refusal to give foods or medication, and more.
- Sexual Abuse: This type of abuse is used to categorize non-consensual sexual contact between a caregiver and an elderly patient.
- Abandonment: This form of abuse is similar to neglect in some ways. However, it often includes a person deserting an elderly person that they have physical custody or assumed responsibility for providing care of.
- Self-Neglect: This is any form of behavior where the elderly person puts their own life or health in danger. Many nursing homes have precautions put in place to help prevent this.
The first six of the above categories include active abuse or negligence toward an elderly individual. If these forms of abuse occur, it is grounds for a liability claim against the abuser. An injured party or their family can hold the abuser responsible for any physical or mental damage caused by these actions.
It does not matter whether the abuse is a single act or recurring negligence; the victim has a right to damages. In the majority of cases, the nursing home will be required to pay damages to the victim and will lose its certification and federal funding due to their failure to provide expected care to patients.
These measures work to ensure past, present, and any potential future victims are protected against harm. New York’s elderly should be able to live out their golden years in peace and comfort without having to worry about being mistreated.
Helping Victims of Neglect & Abuse in New York City
In New York City, neglect is one of the most common types of abuse elderly patients face in nursing homes. This type of abuse often results in bedsores, ulcers, both pressure and decubitus, overdoses on medication, dehydration, malnutrition, and even extremely harmful falls.
Anyone suffering these or other types of neglect- or abuse-related injuries needs to contact a qualified NYC nursing home abuse lawyer. These patients are entitled to financial compensation for what they have endured, and a skilled lawyer can work to make sure they receive the maximum amount to which they are entitled.
If you or someone you love has ever experienced elder abuse in a nursing home, it is important to contact Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. immediately. You or your loved one may require immediate medical attention if they have been physically abused or neglected, and the sooner you document these injuries, the stronger your case.
Call (646) 681-7055 for a Free Elder Abuse Consultation
It is important that you meet the statute of limitations for nursing home abuse and, more importantly, it is crucial for the abuse to stop. Others may be experiencing the same type of abuse, and your case may save many others from suffering a similar fate.
Our team of experienced attorneys can photograph injuries and collect evidence, testimonies, and medical reports to build up your case. For our clients across New York City, we compile their claims, gather evidence, and fight in court to ensure no one experiences these horrifying incidents again.
If you or someone you love has been subjected to nursing home abuse, it is imperative that you act quickly to protect yourself and your legal rights. Call (646) 681-7055 for a free case evaluation.