New York Nursing Home Negligence Guide

Protecting Your Loved Ones from Injury

Not being able to take care of an aging loved one is hard.  You have trusted a facility and its staff to provide care over them and they have failed.  The New York Nursing Home Negligence Guide was created by Andrews, Bernstein & Maranto, PLLC to help residents protect the ones they love from neglect and abuse.  Let our injury attorneys in Buffalo, NY fight for you.  We offer free consultations at both of our Western NY offices.

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If you trusted a nursing home to care for a loved one, and you suspect neglect or abuse, you are not alone. Nursing home negligence can take many forms, ranging from physical injuries to emotional abuse. Regardless of the form that the nursing home negligence takes, it is illegal. Incidents of nursing home abuse are rarely reported to the proper authorities. Residents typically are reluctant to complain out of fear of retaliation or embarrassment, and family members may be unaware of the common signs of abuse.

Know the Signs of Abuse

If you notice that your loved one exhibits any of the following signs of abuse, take immediate action:

Physical Injuries

• Death
• Broken bones
• Bed sores & bruises
• Medication overdose
• Head injury

Neglect

• Dehydration
• Malnourishment
• Poor hygiene
• Soiled bedding

Emotional Abuse

• Agitation
• Fearful
• Frequent crying
• Complaints of poor treatment

Like all evidence, if documentation of nursing home injuries is not collected quickly, these injuries can disappear or fade. Because these injuries affect older people, victims of nursing home abuse may not have the same memory skills that they possessed twenty years earlier, and they may forget about their injuries. Documenting what you have witnessed or what these people have told you can be critically important. Take photographs with your cell phone and use notepads and pens to take notes and record dates and times. A calendar can help because it might refresh the memory of the patient whom you are interviewing. Recording devices such as cell phones and tape recorders can be necessities when recording a patient who alternates between lucidity and senility, as it is important to capture the evidence of the person who has suffered while it can still be collected.

If the nursing home knows that you are documenting what you have witnessed and providing them written notice, its personnel may try to remedy the situation. Because they understand that they are now being closely observed by the family of a patient, they might attempt to hide the evidence of the abuse. Make sure that you have preserved all evidence, including copies of any written communication with the nursing home’s staff.

Every claim for nursing home negligence does have a deadline, known as a statute of limitations. This statute requires that any legal action be filed within a certain amount of time after the neglect has been suspected. Therefore, it is important to review any potential nursing home negligence claim with a qualified attorney as soon as possible to make sure your family’s legal rights are protected.

What You Should Know About Nursing Home Negligence Cases:

Signs of Nursing Home Neglect

Neglect and abuse can take many forms.  It can be as obvious as bruising or less obvious such as bed sores that you must do some investigation because those areas are often the ones that are hidden from you. It can be as sudden as malnutrition and for those residents that can’t communicate that well, they are suffering silently because of mental abuse, being yelled at, scrutinized, ignored, and oftentimes residents who cannot get into the bathroom; one type of neglect is by having them wet themselves or not being able to change the bedding in a timelier manner.

We have complaints of residents who simply press the buzzer non-stop and not get any response to come and take care of their needs, get them to the bathroom, or to provide clean up. A friend or family member can look for these signs and notice the quality of the care. Are the sheets clean? Talk to your loved ones about what’s been going on. If they can’t communicate with you, look for the signs that are unspoken. Check for signs of abuse, check for bruising, check for bed sores, especially if a person has been previously interactive with you and is now despondent.

Oftentimes, communication skills may wane in their older years which means that our investigative skills need to be much more than acute.

Nursing Home Neglect Case Mistakes

With nursing home neglect cases, the most common mistakes are the family’s dealing action. They don’t want to believe the worst-case scenario even though the evidence is in front of them.   Failure to document things as you’re experiencing them. If you have a strong gut feeling that something is wrong, often you’re right, and it’s at that time that you need to start documenting what’s happening. Start asking the right questions and have the nursing home make copies of their records so you can preserve them before somebody might go back in and change it.  You will then have the security in knowing that you have these records as they are, unchanged, and to preserve whatever information or evidence that you might need to show somebody else when you’re telling them what’s happening to your loved one.

How Should I Document Nursing Home Injuries?

Like all evidence if it’s not collected quickly it can disappear or fade because we are often trying to protect people who are older and may not have same memory skills they had twenty years earlier.  Documenting what you’ve witness or what these people have told you can be critically important.

Use your cellphone for photographs, use notepads and pens to take notes, to record dates and times. Oftentimes, a calendar can help because it might refresh the memory of a person you are trying to assess. Recording devices such as cellphones or a tape recorder can be critically important for somebody who is older or who may have some lucid moments and then some senile moments, you want to be able to capture the evidence of the person who has suffered while you can.

If the nursing home knows that you are on top of things, that you’ve documented what you have already witnessed, they will oftentimes attempt to remedy the situation because they understand that they are now being looked at closely by the family. Make sure that you preserved any of this evidence including copies of any letters or notices.

Understanding the Legal Implications of Nursing Home Neglect in New York

Legal Rights of Nursing Home Residents in New York

Nursing home residents in New York have several legal rights that are designed to protect them from harm. These rights are outlined in both federal and state laws, such as the Nursing Home Reform Act and New York Public Health Law. Residents have the right to receive proper medical care, maintain personal hygiene, and live in a clean and safe environment. They are also entitled to make choices regarding their care, maintain their dignity, and be free from abuse and neglect.

When a nursing home fails to uphold these rights, the facility can be held liable. Residents or their families can take legal action to seek compensation for the harm caused. This process typically involves filing a claim or lawsuit against the nursing home, and in many cases, the family will need to provide evidence that the facility violated its duty of care.

Consequences of Nursing Home Neglect

The consequences of nursing home neglect can be severe. Residents may suffer from physical pain, emotional distress, and even long-term medical conditions as a result of inadequate care. In extreme cases, neglect can lead to premature death. The emotional toll on families can also be significant, as they often feel guilt, anger, and helplessness when they discover their loved one has been neglected.

Families who suspect nursing home neglect should act quickly. Reporting the issue to the appropriate authorities, such as the New York Department of Health, is an important step in addressing the problem. In some cases, removing the resident from the facility may be necessary to ensure their safety.

Filing a Lawsuit for Nursing Home Neglect

If you believe that your loved one has been a victim of nursing home neglect in New York, you have the legal right to seek justice. Filing a lawsuit against the facility can help hold the nursing home accountable and may provide financial compensation for the harm your loved one has suffered. However, the process of filing a lawsuit can be complex, and it is important to understand the steps involved.

First, families will need to gather evidence that shows the nursing home’s negligence. This can include medical records, photographs of injuries, witness statements, and documentation of any complaints filed with the facility. Once sufficient evidence has been collected, a formal complaint can be filed with the court.

The lawsuit will then move into the discovery phase, where both parties exchange information and evidence. In many cases, nursing homes may attempt to settle the case out of court to avoid a lengthy trial. However, if a settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine whether the nursing home is liable for the harm caused.

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Potential Damages in a Nursing Home Neglect Case

In a nursing home neglect case, families may be entitled to various types of damages, depending on the specifics of the case. These damages can help compensate for the physical, emotional, and financial harm caused by the neglect. Common types of damages include medical expenses, pain and suffering, emotional distress, and in some cases, punitive damages.

Medical expenses may cover the cost of treating injuries or medical conditions that resulted from the neglect, while pain and suffering compensation is designed to address the emotional and physical anguish caused by the inadequate care. Punitive damages may also be awarded in cases where the nursing home’s conduct was particularly egregious, as a way to punish the facility and deter similar behavior in the future.

Families should keep in mind that there are time limits for filing a nursing home neglect lawsuit in New York. Known as the statute of limitations, this deadline requires that families file their lawsuit within a certain time frame after discovering the neglect. In New York, the statute of limitations for nursing home neglect cases is generally three years from the date of the injury or discovery of the injury.

Role of a Nursing Home Neglect Attorney

Filing a nursing home neglect lawsuit can be overwhelming, especially for families who are already dealing with the emotional impact of discovering their loved one has been neglected. This is where a nursing home neglect attorney can be incredibly helpful. An attorney can guide families through the legal process, help gather evidence, and advocate on their behalf to ensure they receive the compensation they deserve.

An attorney will also have a deep understanding of the legal rights of nursing home residents and the standards of care that facilities must meet. They will work to prove that the nursing home failed to provide the necessary care and that this failure directly caused harm to the resident. In addition, an attorney can handle negotiations with the nursing home’s legal team, helping to secure a fair settlement or prepare for trial if necessary.

Families should seek legal help as soon as they suspect nursing home neglect, as acting quickly can help protect their loved one’s rights and ensure that the facility is held accountable for its actions.

How to Prevent Nursing Home Neglect

While families can take legal action after nursing home neglect has occurred, it is always best to prevent neglect from happening in the first place. One way to do this is by carefully researching and selecting a nursing home that has a good reputation and meets the necessary standards of care. Visiting the facility regularly and staying involved in your loved one’s care can also help prevent neglect.

If you notice any concerning signs during visits, such as unclean living conditions, poor hygiene, or emotional withdrawal, do not hesitate to raise these issues with the staff. Addressing potential problems early on can help ensure that your loved one receives the care they need and deserve.

Families should also be aware of their legal rights and the resources available to them if they suspect nursing home neglect. Organizations such as the New York State Long Term Care Ombudsman Program can provide assistance and guidance in addressing concerns about nursing home care.

Nursing home neglect is a serious issue that can have devastating consequences for both residents and their families. In New York, residents have legal rights that protect them from neglect, and when these rights are violated, families have the ability to take legal action. Whether you are considering filing a lawsuit or simply want to ensure your loved one is receiving proper care, it is important to understand the legal implications of nursing home neglect.

Benjamin J.
Andrews

Partner

Robert
Maranto

Partner

Tom
Kotrys

Partner

Anthony
Iacono

Attorney

Robert J.
Maranto, III

Attorney

4 Nursing Home Negligence Questions

1. What should people do to document nursing home injuries?

• Evidence should be collected quickly, considering that elders don’t have the best memory skills
• Use your cell phone for pictures, to keep track dates and times, and to record lucid moments
• You want to capture any evidence that you can for the sake of your loved ones

2. What should you do if you suspect nursing home neglect?

• Take action if you suspect any nursing home neglect
• Don’t lose an opportunity to document what is or what you may think is happening
• Advice the nursing home of your concerns in writing, so that there is a record on hand
• An investigation may be done, and you will be provided with results
• The nursing home should behave carefully when they know that they are being looked at closely

3. What are some signs of nursing home neglect?

• Neglect can be as obvious as bruising and malnutrition
• Neglect can also be as less obvious as bed sores, and the resident being silent from mental abuse
• Family and friends can search for these signs to determine the quality of the care
• If your loved one cannot communicate with you, search for unspoken signs of neglect

4. What is important to know about nursing home injuries?

• Nursing Home Injuries are a result of neglect and abuse
• It is important to know nursing home laws, how to document neglect and abuse, who to report it to, and what to expect after consulting an attorney
• Nursing home residents have raised and supported us, and are now at a point where they need quality care

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.”

- Jane D.

Signs of Nursing Home Neglect

Learn what you need to know about the signs of nursing home neglect in this video. Then, give our Buffalo lawyers a call to get started today.

• Neglect can be as obvious as bruising and malnutrition
• Neglect can also be as less obvious as bed sores, and the resident being silent from mental abuse
• Family and friends can search for these signs to determine the quality of the care
• If your loved one cannot communicate with you, search for unspoken signs of neglect

Mistakes To Avoid in Nursing Home Neglect Cases

Check out this video to learn about the common mistakes to avoid in nursing home neglect cases to ensure you maximize your recovery by Buffalo Injury Lawyer at Andrews, Bernstein & Maranto, PLLC.

The most common mistakes to avoid in nursing home neglect cases we come across often are the family’s dealing action. They don’t want to believe the worst-case scenario even though the evidence is in front of them. I’ve had a number of clients in the past say, “I wish I had taken photos of those sores or those bruises before they healed up, but because my father or mother is not communicating very well, we didn’t realize that that pattern was actually abuse until it was too late”.
If you have a real strong gut feeling that something is wrong, often you’re right, and it’s at that time that you need to start documenting what’s happening. Start asking the right questions and have your loved one request copies of their own records, so you can get a copy of those things to preserve them.   You don’t want them deleted and you don’t want them to disappear.

I’m not saying that any nursing home would ever do that, however, you have the security in knowing that you have these records as they are, unchanged.  This gives the you the ability to preserve whatever information or evidence that you might need to show your attorney when you’re telling them what’s happening to your loved one.

What is important to know about nursing home injuries?

• Nursing Home Injuries are a result of neglect and abuse
• It is important to know nursing home laws, how to document neglect and abuse, who to report it to, and what to expect after consulting an attorney
• Nursing home residents have raised and supported us, and are now at a point where they need quality care

What Should you do if you Suspect Nursing Home Neglect?

Do you suspect nursing home neglect? Check out this short video for guidance, then give our Buffalo lawyers a call to get started on your case.

• Take action if you suspect any nursing home neglect
• Don’t lose an opportunity to document what is or what you may think is happening
• Advice the nursing home of your concerns in writing, so that there is a record on hand
• An investigation may be done, and you will be provided with results
• The nursing home should behave carefully when they know that they are being looked at closely

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If you or a loved one has been seriously injured due to nursing home abuse in Buffalo, or Western New York, it is important to seek legal representation as soon as possible. Contact our personal injury law office for a free consultation. Our team of dedicated attorneys will fight to get the compensation that you deserve.

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Download Our Free Nursing Home Negligence Guide