Bronx Nursing Home Abuse Attorneys
It is not always practical to take care of aging family members at home or to hire private in-home care, so many Americans choose to place loved ones in nursing homes. Given the amount of trust many families instill in nursing homes, finding out that your family member was abused there can cause shock and heartbreak.
Unfortunately, nursing home abuse has become an increasingly widespread problem. In a 2016 study, researchers found that one in five New York City nursing home residents suffered from mistreatment. Most of the cases involved resident-on-resident abuse that the staff failed to document or report to the proper authorities.
If someone you love was abused while living in a nursing home or long-term care facility, New York law may entitle your loved one to monetary compensation for any injuries sustained as a result of the abuse. Call the Bronx nursing home lawyers at Law Offices of Ivan M. Diamond today at (718) 588-2000, or contact Mr. Diamond online, to schedule a free consultation to discuss the details of your case with an experienced personal injury attorney.
Ivan M. Diamond’s Results in Nursing Home Abuse Cases
Bronx-based attorney Ivan M. Diamond has more than 20 years of experience settling and litigating personal injury cases, including nursing home abuse cases. In one of his recent cases, the court awarded $2.45 million to a nursing home resident who suffered severe burns while smoking without supervision.
Each case depends on the specific circumstances surrounding the incident, and Mr. Diamond cannot guarantee a favorable result in every case. However, he has the experience needed to protect your rights and seek the best possible outcome in your family member’s case.
What Is Nursing Home Abuse?
Nursing home abuse includes a wide array of wrongful and negligent acts. According to the National Center for Victims of Crime, the most reported types of elder abuse in a nursing home include:
- Physical abuse
- Resident-on-resident abuse
- Psychological abuse
- Gross neglect
- Sexual Abuse
- Financial exploitation
Most recent research suggests that the majority of nursing home abuse is resident-on-resident in nature. However, staff abuse is likely to go unreported by the elderly due to fear of retribution, skewing these statistics. Furthermore, more than 50 percent of nursing home staff members have confidentially admitted to engaging in some form of elder abuse.
Due to the prevalence of nursing home abuse, talk with your family members regularly, and pay attention for unusual behavior and physical signs, like bruises or scratches.
Who Bears Responsibility for Elder Abuse?
A wide variety of staff members could potentially commit nursing home abuse, including doctors, nurses, nursing assistants, and others tasked with caring for residents. Employees who are not responsible for direct medical care may abuse the elderly. Common examples of nursing home abuse include:
- The nursing home staff deliberately denies care or meals to residents to control their behaviors.
- A resident develops bed sores from not improper care and turning.
- Another resident or staff member sexually assaults or touches a resident inappropriately.
- A resident who needs regular supervision falls and sustains an injury while unsupervised.
- The nursing staff fails to answer call buttons in a reasonable amount of time, leaving a resident in distress.
- A member of the nursing staff belittles, threatens, or calls an elder resident inappropriate names.
- The nursing home staff socially isolates a resident as punishment for bad behavior.
What Types of Costs Can Elder Abuse Victims Recover When Nursing Home Abuse Occurs?
Under New York law, nursing home abuse victims may recover compensation for injuries directly related to their abuse, including:
- Medical expenses, such as hospitalization, surgery, medications, radiology, etc.
- Fees for physical therapy and rehabilitation
- Fees for devices such as wheelchairs, walkers, canes, etc.
- Pain and suffering
- Diminished quality of life
- Therapist or counselor visits
In some cases, you may file a medical malpractice lawsuit, or a wrongful death claim, through your loved one’s estate, if your loved one died as a result of the abuse. Regardless of your situation, having an experienced lawyer on your side can ensure that you understand each step of the complicated legal process, and that you are able to hold accountable everyone responsible for your loved one’s abuse.
Liable Parties May Fight Elder Abuse Claims
Nursing homes frequently encounter personal injury lawsuits, and they usually do whatever they can to avoid paying damages. The defense attorney may deny that the abuse ever occurred, arguing that any injuries result from preexisting or underlying conditions.
The defense may shift blame to someone unassociated with the nursing home. Residents frequently sustain cuts and bruises without being abused, are generally in poor health to begin with, and may have a lot of visitors.
The nursing home may also blame the resident for the injuries. For example, in cases that involve malnutrition, the nursing home may argue that the resident refused meals.
An experienced personal injury attorney knows how to counter these arguments with evidence and testimony.
Nursing home abuse cases often include numerous parties and claims. If your loved one suffered from nursing home abuse, you need a qualified attorney to help you navigate the complex legal system and hold accountable whomever injured your loved one.
Bronx Nursing Home Negligence FAQ
Do you have a loved one who suffered negligence in a nursing home? Contact an experienced Bronx nursing home negligence attorney to learn more about your loved one’s legal right to compensation and how to seek it. Below, find the answers to some of the most common questions regarding nursing home negligence in the Bronx.
1. Who creates nursing home regulations?
Nursing homes must adhere to both state-specific regulations and regulations issued by the federal government. If a nursing home fails to provide a high level of care for its residents, it may bear liability for those actions. This liability extends to those that commit negligence against residents.
2. What duty of care does a Bronx nursing home owe to its residents?
A nursing home must provide a high standard of care to its residents. Nursing homes must provide:
- Physical care. Nursing home staff should ensure that residents receive a high level of care that helps maintain their overall physical wellbeing. Depending on the individual resident’s capabilities, that may include providing aid with dressing, cleaning, and eating and drinking.
- Medical care. In a nursing home, residents should receive whatever medical care they need. When ill, they should receive a visit from a doctor or go to the hospital or emergency room for immediate care. Residents should not develop bedsores or suffer worsening symptoms of infection due to inadequate medical attention. They should also continue to receive appropriate medical care for any conditions they had before entering the nursing home. Often, family members realize that their loved ones suffered neglect in a nursing home due to worsening symptoms of an ongoing medical condition.
- Adequate food and drink. In some patients, including nursing home residents with Alzheimer’s or dementia, may need assistance with eating and drinking. Nursing homes must provide that assistance along with making sure that residents have access to adequate food and water.
3. What Compensation Could My Loved One Receive After Suffering Through Negligence in a Bronx Nursing Home?
After a case of nursing home negligence, your loved one could receive compensation for the suffering they faced.
This may include:
- Compensation for any medical expenses suffered as a result of that negligence. Often, severe negligence will result in substantial medical bills. Many victims end up needing long-term medical care to help recover from that negligence. They may need therapy to regain strength following their injuries.
- Compensation for moving expenses. After a case of negligence in a nursing home, your loved one may no longer feel comfortable living in that home, or your family might prefer to look for a new facility. You may seek compensation for moving expenses associated with that move. If your loved one needs a higher level of care due to the negligence suffered in a nursing home, you may also seek compensation for increased expenses associated with the new nursing home.
- Compensation for pain and suffering. Negligence in a nursing home, where your loved one should receive a high standard of care, can cause considerable physical and emotional suffering. Your loved one may grow malnourished, suffer from dehydration, or have extensive medical symptoms associated with untreated illnesses or diseases. When your loved one files a claim for nursing home negligence, he or she can include compensation for that suffering as part of the claim.
4. What should I do if I suspect my loved one suffered negligence in a Bronx nursing home?
If you believe that the nursing home has neglected your loved one or abused them at any time, the actions you take could help protect them.
First, take what your loved one tells you about the care received in the nursing home seriously. Do not assume that age or a failing mind, even in the case of Alzheimer’s or dementia, will prevent your loved one from telling you the truth. If you notice your loved one complaining about the standard of care, take steps to observe their treatment, and protect them if needed.
- Document the mistreatment. You showed up three days in a row to discover your loved one wearing the same clothes, and you know that they did not get washed in between. You visited around meal times and discovered that your loved one was not given food. You discover that your loved one has not received the medication they need to treat specific conditions. Whatever mistreatment or negligence you observe, document it clearly. Write down dates and times and what type of negligence you observed. If your loved one visits a doctor at any time due to that negligence, have the doctor document the conditions suffered.
- Report the negligence. Sometimes, negligence may occur due to the actions of a handful of workers; for example, lazy nurses who do not provide adequate care for the residents under their care. Other times, it may occur due to nursing home staffing or regulations; for example, overworked staff members who may not have time to provide adequate care to their patients. When you note negligence, report it to the nursing home management.
- Get treatment for your loved one if needed. If your loved one suffers any medical problems due to that negligence, make sure you seek medical treatment as soon as possible.
- Contact The Law Offices of Ivan M. Diamond. After you report negligence, get in touch with an attorney as soon as possible to learn more about your loved one’s rights and to file a Bronx nursing home negligence claim that will help compensate them for those losses.
Do I really need an attorney to handle a Bronx nursing home neglect claim?
If you suspect that your loved one suffered neglect in a nursing home, The Law Offices of Ivan M. Diamond can help collect evidence, advise you on your next steps, and go through the process with you. Often, having an attorney on your side can help ensure that your loved one quickly receives a higher standard of care and that the nursing home takes your allegations of neglect seriously. Many victims of nursing home neglect also find that having an attorney on their side can increase the compensation they ultimately receive for their injuries. Contact us today for more information.
Call Ivan M. Diamond if You or a Loved One Suffered From Nursing Home Abuse
Most nursing home abuse occurs during a long period of time and as a result of repeated patterns of abuse. When you hire an attorney to assist with your personal injury claim, your attorney will investigate the case, which includes conducting interviews, reviewing medical records, and gathering evidence, as necessary or appropriate. Having an experienced attorney on your side will prove invaluable.
Ivan M. Diamond offers free case reviews, during which you can discuss the details of your case and assess the validity of your claim. Mr. Diamond accepts most cases on a contingent fee basis, which means that you do not pay any attorney’s fees upfront. Rather, Mr. Diamond collects his attorney’s fees from any settlement amount or damages award that he is able to secure in your case.
If your loved one was neglected or abused in a nursing home in New York City, call the Law Offices of Ivan M. Diamond today at (718) 588-2000, or contact Mr. Diamond online, to schedule a free consultation.
The Law Offices of Ivan M. Diamond
888 Grand Concourse Suite #1L, 10451
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The Law Offices of Ivan M. Diamond888 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.
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