Bronx Nursing Home Abuse Attorney
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 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.
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
888 Grand Concourse #1L
Ivan M. Diamond
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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