Nursing home abuse or neglect is an insidious and serious issue among America’s seniors. Older American’s who require assistance or medical care during the day are left at the mercy of their caregivers. The State of New York’s Office of Children and Family Services has found that 76 out of every 1000 nursing home residents have experienced some form of abuse.
Any given nursing home may, at any given time, have some staff members who engage patterns of abuse. You cannot assume that everyone in the nursing home has your family’s best interests at heart. Call Friedman & Simon, L.L.P., at (516) 932-0400 for a free consultation with a Glen Cove nursing home abuse & neglect lawyer.
In This Article
- Types of Nursing Home Abuse & Neglect
- Guilty Parties in a Lawsuit
- Collecting Evidence
- Available Compensation for Injuries and Losses
- A Glen Cove Nursing Home Abuse & Neglect Lawyer Helps Families Hold Abusers Accountable
- The Lawyer Will Negotiate a Settlement
- The Lawyer Will Go to Trial or Appeal
- Schedule a Free Consultation
Types of Nursing Home Abuse & Neglect
Nursing home abuse and neglect takes many forms depending on the perpetrator and the layout of the facility. Just some of the types of nursing home abuse your loved one could experience include:
- Medical abuse
- Physical abuse
- Sexual abuse
- Emotional abuse
- Financial abuse
The forms of mistreatment cited above are often supported by family members or witnesses noting that victims complain they were not given basic necessities such as food, water, or toiletries. Neglect might also extend to leaving the victim in bed or not providing appropriate re-positioning, which leads to bedsores.
Emotional abuse is especially troubling. As the Centers for Disease Control and Prevention (CDC) notes, emotional abuse could be silent or include gestures that only the victim will understand. This type of intimidation often prevents the victim from speaking up.
Abandonment could also be considered a form of elder abuse. Abandonment includes leaving the victim in their room or another part of the facility unattended. Moreover, the victim might be isolated from visitors or callers.
Finally, financial abuse includes accessing bank accounts, credit cards, and personal possessions under duress or without the victim’s knowledge.
For a free legal consultation with a nursing home abuse and neglect lawyer serving Glen Cove, call 516-932-0400
Guilty Parties in a Lawsuit
Victims and their families or witnesses must understand that nursing home abuse could be committed by anyone, including:
- Nursing home administrators
- Security guards
- Independent contractors such as repairmen
- Other residents
For example, a witness might have seen a nursing home administrator strike the victim. That victim, however, might have been abused by anyone on this list at the direction of the primary abuser. A lawyer will work closely on the case to understand the dynamics inside the facility.
Glen Cove Nursing Home Abuse and Neglect Lawyer Near Me 516-932-0400
Victims and their families might have bank statements, pictures of injuries, videos of staff members berating residents, or stories of abusive situations. Any abuse evidence you have could be vital to your case. It is important that you share all this information with your lawyer. A Glen Cove nursing home abuse and neglect lawyer will review all relevant evidence in your case. If indicated, the lawyer will investigate the case to uncover additional relevant evidence, tailoring the investigation to the specific facts and circumstances of your case. This will typically include incident reports, medical records, surveillance footage from the nursing home, financial institutions, or pawnshops, but it will also include such items of evidence that may be unique to your situation. Call Friedman & Simon, L.L.P., at (516) 932-0400 for a free consultation.
Available Compensation for Injuries and Losses
Abuse victims could recover compensation for their injuries or losses after making a claim or, when necessary, filing a suit. Common compensation requests include:
- Medical expenses caused by the abuse
- Financial restitution
- Remuneration for nursing home expenses
- Nursing home transfer expenses
- Pain and suffering
The family could sue the abuser or their accomplices along with the nursing home or corporation that owns the home. If a particular individual within the corporation allowed the abuse to continue, they might also be named in the lawsuit.
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A Glen Cove Nursing Home Abuse & Neglect Lawyer Helps Families Hold Abusers Accountable
After speaking to a lawyer, the family should expect to receive services that help them recover compensation and protect their loved one. Focus on the victim’s comfort while your lawyer investigates and, in communication with you, chooses the best course of action, which will include some or all of the following: making a claim, filing suit, negotiating a settlement, or taking the case to trial.
The Lawyer Communicates With All The Parties Involved
The family’s lawyer will speak, as needed, to all parties involved in the case, including the nursing home management. the nursing home’s insurance carrier and the defense lawyers for the nursing home and any other parties against whom a claim is brought. There is no need for you to experience the stress of speaking with these adversarial parties who often present as “wolves in sheeps’ clothing.” They are concerned with their interests and “bottom line,” not what is in the best interest of your victimized loved one.
The Lawyer Will Negotiate a Settlement
The at-fault parties in the case might wish to settle. Your lawyer will work to negotiate the best possible settlement, one that provides money for all the damages previously listed. This is done in a process whereby all considerations pertaining to settlement are patiently discussed with you. Of course, you have the right to approve or decline all settlement offers.
The Lawyer Will Go to Trial or Appeal
While most cases settle before trial, it has been our experience that the way to win the best settlement offer is to be prepared to go to trial with the strongest case possible. If circumstances dictate that going to trial is the best way forward, your lawyer is willing to go to trial with the evidence from their investigation. Your lawyer will call witnesses forward and engage medical experts who will explain how your loved one was injured. Your lawyer will argue your case fervently and will strive to present the very most compelling arguments on your behalf to the judge and jury. We are dedicated to winning the maximum monetary recovery for your victimized loved one.
Schedule a Free Consultation
Call Friedman & Simon, L.L.P., at (516) 932-0400 for a free consultation with a Glen Cove nursing home abuse & neglect lawyer. Review all existing evidence with a lawyer to understand the merits of the case and who is to blame. Your family could be entitled to varying levels of compensation depending on the scale of the abuse. Reach out for a consultation even if you merely have concerns or do not know if what you saw was abusive. We are here to help you and it will be our privilege to discuss your concerns in a free, no-obligation consultation.