Most nursing home residents get exactly what they pay for. Caring staff members assist them with daily activities, and they enjoy their senior years as comfortably as possible. Unfortunately, that isn’t the case for everyone living in a nursing home.
If you suspect someone you loved endured abuse while living in a Bronx nursing home or senior care facility, your family may be entitled to compensation for their pain and suffering. Contact the Bronx nursing home negligence lawyer, Ivan M. Diamond, immediately to start protecting your loved one from abuse.
Table of Contents
- How to Identify Nursing Home Abuse
- What to Do if You Identify Abuse
- Why You Need a Bronx Nursing Home Negligence Lawyer
- How Much Money Can You Receive?
- Liability in a Nursing Home Abuse Case
Elder Abuse
According to Senior Homes, the Bronx has 56 nursing homes within its boundaries. Inside those 56 nursing homes, thousands of senior citizens try to live out their final years comfortably and with dignity.
As many as 5 million seniors are the victims of elder abuse every year, according to the National Council on Aging (NCOA). And sadly, Bronx nursing home residents aren’t immune to this mistreatment.
When someone age 60 or older experiences mistreatment, it is called elder abuse. This type of abuse can happen anywhere, though it is most common in assisted living facilities and nursing homes. This is because seniors living at these locations are usually separated from family and friends who might otherwise protect them.
Abuse comes in a wide variety of forms and from several different sources. Often, the source of abuse is someone the senior trusts, which adds to the victim’s pain. The following are some of the most common types of abuse in nursing homes.
Neglect
Likely, when you think of elder abuse, this is the type of abuse you most associate with it. Neglect happens when someone fails to provide for the needs of a senior in their care.
In a senior living facility, this typically means a staff member fails to provide assistance with daily activities like walking, eating, or bathing. It can also occur if staff withhold food or medications.
Physical Abuse
This type of abuse represents any time someone hits, pushes, slaps, or inappropriately restrains a senior citizen. If you see unexplained bruises on a loved one, there is a good chance they are experiencing abuse.
Typically, physical abuse in a nursing home is due to the actions of nursing home staff or another resident. Though, sometimes, loved ones are the cause of physical abuse.
Emotional Abuse
Anyone screaming at, threatening, or repeatedly insulting a senior citizen is engaging in emotional abuse. While this may not seem as dangerous to the health of your loved one as physical abuse, it can take a major toll on their psyche. Emotional abuse often strips away the will to live and can take years off the life of a senior.
In a nursing home, emotional abuse is usually a result of the actions of staff members. Though, family members may also engage in abuse if they are regularly uncaring toward the senior.
Sexual Abuse
Sadly, sexual abuse isn’t limited to any particular age category. In a nursing home, sexual abuse is almost always due to a caregiver forcing themself on a resident, though occasionally it can be due to the actions of a roommate.
This can be one of the hardest types of abuse to notice the signs of. Like when younger people experience sexual abuse, seniors aren’t likely to tell anyone about it. If it is happening, the senior will likely grow reticent and become emotional easily. Watch for signs of emotional distress and act accordingly at the first hint of sexual abuse.
Financial Abuse
This type of abuse can be one of the most difficult to identify until it is too late to do anything about it. Financial abuse typically occurs when someone gains access to the finances or possessions of the victim and then uses them for their own benefit.
Typically, caregivers are the main source of financial abuse. They are granted access to bank accounts or legal privileges for the purpose of assisting the senior. Then, they use that access to pay their own bills or transfer assets to their name. And often, these bad actors aren’t caught until after the victim is already broke.
How to Identify Nursing Home Abuse
If a loved one has moved into a nursing home, you probably don’t see them as often as you both might want. Nursing homes usually have limited visiting hours. Even if you regularly visit with your loved one, you may miss the signs of abuse.
The best way to monitor for abuse is to communicate regularly with your loved one. Ask them about what they are doing and how they are feeling. Even if you can’t visit in person regularly, try to communicate via phone or video chat. Also, if there is someone you can trust, ask them to check in regularly on your loved one.
Emotional abuse, sexual abuse, and some forms of neglect will usually be reflected in a change of personality. Specifically, if you see signs of depression, you should look for the cause.
You will probably need to visit in person to identify physical abuse and other forms of neglect. Look for bedsores or increased difficulty with tasks that your loved one could previously do unaided. They might hide injuries under long sleeves or pants if they are embarrassed, so keep an eye out for that.
Finally, you should always maintain a close eye on the possessions and finances of your loved one. If jewelry or heirlooms disappear or there are unexplained withdrawals from an account, you should determine what happened as quickly as possible.
Keep in mind that when you are looking for abuse, your loved one won’t always be up front about it. If they have dementia or Alzheimer’s disease, they may not even realize they are being abused. Alternatively, they may be embarrassed about the abuse. Try to be thorough in your investigation but also mindful of their dignity.
What to Do if You Identify Abuse
If you become certain that a loved one is being abused, the first thing you should do is take steps to end the abuse. Move your loved one to a different nursing home or demand that a specific staff member no longer interacts with them. Unfortunately, it isn’t always possible to end or even limit the abuse.
Regardless of whether you can end the abuse immediately, you can do things to help protect your loved one. And you should take these actions at the first sign of abuse.
Document Everything
If you want to prove the abuse in court, your Bronx nursing home negligence attorney will need evidence. Every example of abuse that you document will help your case.
You should:
- Take pictures of injuries
- Keep a journal of when care wasn’t provided
- Print out bank records or store dated electronic copies in a safe place
- Ask a doctor to document their health
Not only can a nursing home negligence lawyer use this information to get compensation for your family, but this evidence can potentially be used to get an injunction against the abusing party.
Contact the Bronx Nursing Home Negligence Attorney Ivan M. Diamond
The sooner you speak with a nursing home negligence lawyer, the sooner they can take action on your behalf. Ivan M. Diamond has dealt with hundreds of abuse cases and knows how to protect you and your family swiftly and effectively.
Report the Abuse
Typically, abuse is an act of a single party. For example, a single accountant may steal money from your loved one, but that doesn’t mean the entire accounting firm is abusing them. Similarly, most nursing homes will reassign or suspend a staff member that appears to be abusing a resident.
You will need to trust management, but usually, it will benefit your loved one. And you can protect yourself from attempts to hide the abuse by documenting how and when you reported the abuse.
Liability in a Nursing Home Abuse Case
While an individual typically is responsible for abusing your loved one, the nursing home is often legally liable. If you file a lawsuit, it will usually be against the nursing home and the individual who abused your loved one.
Because the nursing home has liability, you will typically receive compensation from the nursing home’s liability insurance. This is both a positive and a negative.
The advantage of getting paid by an insurance company is that it has the money to cover your claim, no matter how much compensation you deserve. The individual who harmed your loved one probably doesn’t have enough money to compensate you, and the nursing home might not either.
However, the disadvantage of getting compensation from an insurance company is that it has experience denying or underpaying claims. Your Bronx nursing home negligence attorney may have to fight hard to prevent an insurance company from cheating you out of the money you deserve.
Why You Need a Bronx Nursing Home Negligence Lawyer
A nursing home negligence attorney like Ivan M. Diamond can help you in several ways.
Possibly the most important way your attorney will help you is by preventing the abuse from continuing. Ivan Diamond can file a protective order or an injunction to get the abuse to end. He can also help you move your loved one to a safe place or transfer their assets somewhere safe.
Once your loved one is safe, Ivan Diamond will work to get your family compensation for the abuse. He will collect evidence and start a dialogue with the insurance company. Insurance companies may not be as tempted to deny your claim when you are represented by an attorney.
Ivan M. Diamond has an advantage in these negotiations. He has dealt with hundreds of these cases before and understands the precise value of your claim. Insurance companies often try to undervalue a claim by making a settlement offer that looks fair but is well below the true value. Ivan Diamond won’t accept this type of lowball offer.
Finally, Ivan Diamond is an experienced trial attorney who has represented clients in the Bronx for decades. He knows the court system, the judges, and the opposing counsel. This experience is part of the reason he has such an excellent record of success in the courtroom in Bronx nursing home negligence cases.
How Much Money Can You Receive?
Every case is different, but New York law allows nursing home abuse victims to receive economic and non-economic damages. In one past case, Ivan M. Diamond won a client $2.45 million by proving the client had been neglected by nursing home staff.
Will your case be worth that much?
Probably not, but you can receive money for:
- Medical bills (past and future)
- Therapy to recover from the abuse
- Loss of quality of life
- Moving costs or other costs associated with living in a new nursing home
- Pain and suffering
- Loss of assets or possessions
- Loss of companionship
- Funeral costs if the abuse results in the death of your loved one
These costs and losses often add up to several thousands of dollars. The total compensation usually depends on how egregious the abuse was and how long your loved one will be dealing with the consequences of that abuse.
Will the Abuser Face Criminal Charges?
New York criminal code punishes people who abuse or commit fraud on the elderly. If someone is found guilty of these charges, they will usually face prison time and may also have to pay large fines.
Ivan M. Diamond can’t prosecute these individuals, but he will share his findings with the appropriate prosecutor to ensure they don’t get away with it again.
Get the Compensation You Deserve with the Help of the Law Firm of Ivan M. Diamond
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Ivan Diamond, Bronx Nursing Home Abuse Lawyer.
If you have any reason to suspect that your loved one is being abused in a nursing home, you need the help of a caring Bronx nursing home negligence attorney. Contact us at The Law Offices of Ivan M. Diamond today to get a free consultation and have an experienced Bronx personal injury attorney answer your questions.
The Law Offices of Ivan M. Diamond
888 Grand Concourse Suite #1L, 10451
(718) 588-2000
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“Mr Diamond assisted my family while they were going through a difficult time in their lives. He was very professional and at times sympathetic to their issues. He kept them informed of what progress was made and all current status.Mr Diamond fought for them all the way. My family and I are truly grateful to him and his staff and was glad that he was recommended to us and in turn we will not hesitate to recommend him to others.”
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The Law Offices of Ivan M. Diamond
888 Grand Concourse #1L Bronx, NY 10451 Phone: (718) 588-2000
Ivan M. Diamond is available for home and hospital visits, as well as weekend and evening appointments.