If you or a loved one has experienced the heartbreak of nursing home neglect, you may feel overwhelmed, confused, and unsure of where to turn. We understand how difficult it is to face such a situation, and we are here to provide guidance and support. Navigating a legal claim can be a daunting task, but with the right approach, you can hold negligent parties accountable and seek the justice your family deserves. At, Andrews, Bernstein & Maranto, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding Nursing Home Neglect in New York
Nursing home neglect occurs when a facility fails to provide adequate care, leading to harm or suffering for residents. This can take many forms, including medical neglect, failure to meet basic needs, emotional neglect, or outright abuse. In New York, these facilities are required by law to meet specific standards of care. When they fail to do so, they violate both legal and ethical responsibilities. If your loved one has suffered because of this, the law provides a path for pursuing justice.
Recognizing the Signs of Neglect
Identifying neglect is one of the first and most critical steps in filing a claim. Common signs include unexplained injuries, malnutrition, dehydration, unsanitary conditions, frequent infections, emotional withdrawal, and sudden behavioral changes. If you notice any of these warning signs, it is important to act quickly. Documentation, such as photos of injuries, medical records, and notes of your observations, can serve as vital evidence later in the claims process.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Anthony
Iacono
Attorney
Robert J.
Maranto, III
Attorney
Steps to File a Nursing Home Neglect Claim in New York
Filing a nursing home neglect claim involves several essential steps, each requiring careful attention. First, you must gather evidence that demonstrates neglect. This includes medical records, photographs of injuries or unsafe conditions, and any correspondence with the nursing home staff. Witness statements from staff, other residents, or visitors can also provide critical support.
Next, you need to report the issue to the appropriate authorities. In New York, complaints about nursing home neglect can be filed with the New York State Department of Health. Reporting the issue not only brings the neglect to light but also creates an official record of your concerns.
After reporting the neglect, the next step is consulting an attorney who can help you evaluate your legal options. The attorney will help you determine whether you have a viable claim and guide you through the legal process. Filing a lawsuit involves drafting a formal complaint and submitting it to the appropriate court.
Proving Negligence in a Claim
To succeed in a nursing home neglect claim, you must prove that the facility breached its duty of care, and this breach directly caused harm. This often requires medical evidence, testimony, and thorough documentation. It can be challenging to establish causation without the proper legal guidance, but proving this connection is essential to obtaining compensation.
New York law also recognizes vicarious liability, meaning the nursing home itself can be held responsible for the actions of its employees. This includes nurses, aides, and other staff members. Demonstrating systemic issues, such as inadequate staffing or lack of training, can strengthen your case.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
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Compensation You May Be Entitled To
If your claim is successful, you may recover compensation for various damages. These include medical expenses, pain and suffering, and emotional distress. In some cases, punitive damages may also be awarded to penalize particularly egregious conduct. While no amount of money can undo the harm caused by neglect, compensation can help ease the financial burden and send a powerful message about accountability.
Time Limits for Filing a Claim in New York
It is important to act promptly when filing a nursing home neglect claim. In New York, the statute of limitations sets a strict deadline for initiating legal action. Generally, you have three years from the date of the injury to file a claim. However, if the neglect resulted in death, the time limit for filing a wrongful death claim is two years from the date of death. Missing these deadlines can result in losing your right to pursue compensation, so timely action is crucial.
Choosing Legal Support You Can Trust
When dealing with nursing home neglect, having a dedicated legal team on your side can make all the difference. An experienced attorney can handle the complexities of the legal process, allowing you to focus on your loved one’s well-being. From gathering evidence to negotiating with opposing parties, legal support ensures your case is presented effectively and your rights are protected.
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Holding Nursing Homes Accountable for Systemic Failures
Nursing home neglect is often the result of deeper systemic issues within a facility. Chronic understaffing, lack of proper training, or cost-cutting measures that compromise resident care are common culprits. When these systemic failures occur, they put all residents at risk, creating a dangerous environment where neglect or abuse becomes more likely. Filing a claim does more than seek compensation; it also highlights these failures and can lead to necessary reforms within the facility. By holding negligent nursing homes accountable, you contribute to improving care standards for other residents who depend on these facilities for their well-being.
Verdicts & Settlements
The Emotional Toll of Nursing Home Neglect
Experiencing nursing home neglect can be devastating not only for the victim but also for their family members. It often leads to feelings of guilt, helplessness, and anger. Families entrust nursing homes with the care of their loved ones, believing they will receive the attention and respect they deserve. When that trust is broken, the emotional impact can be long-lasting. Pursuing a legal claim is a way to seek justice and find closure. By taking legal action, you are not only addressing your family’s pain but also helping to ensure that others do not endure similar suffering in the future.
At Andrews, Bernstein & Maranto, PLLC, we understand the pain and frustration that nursing home neglect causes families. Our goal is to provide compassionate, skilled representation to help you achieve the best possible outcome for your case. If you are ready to seek justice for your loved one, we are here to guide you every step of the way. Contact us today to learn how we can help you file a nursing home neglect claim in New York State.
