If you suspect that your relative is experiencing nursing home abuse, you can file a complaint with the nursing home. If they do nothing, or if you do not trust them enough to file a complaint, you can submit a written complaint to the New York State Department of Health within one year of the alleged abuse. A lawyer will help you file your complaint and figure out the next steps.
What to do if You Suspect Nursing Home Abuse
Per the New York State Department of Health’s Nursing Home Incident Reporting Manual, nursing homes must file a report any time something happens to (or could have happened to) a resident. Reportable incidents include various types of nursing home abuse, such as:
- Unwanted physical or sexual contact
- One person yelling at or threatening another
- Injuries resulting from neglect
- Failure to plan and prepare for the loss of water, electricity, or other utilities
- Failure to use proper equipment in the care and treatment of residents
- Failure to provide medical care that adheres to accepted medical practice
The New York State Department of Health’s website provides a complaint form for concerned relatives such as yourself. There are options for filing anonymously and for including copies of any corroborating documentation you have.
If the abuse your loved one suffered had harmful or permanent consequences, your family could be eligible for monetary damages. A lawyer from our firm can help you by filing a lawsuit against the nursing home for the damages your family deserves.
Receiving Damages After Nursing Home Abuse
Abuse victims may suffer various consequences, both economic (financial) and non-economic (physical and psychological). You are allowed to sue for compensation for all of these factors.
Examples of Non-Economic Damages Include:
- Pain and suffering: The abuse negatively impacted your relative’s physical and emotional wellbeing.
- Disability: In this context, disability is meant in the functional sense, not the usual sense of being unable to perform job duties. This would be when abuse has permanently affected your loved one’s physical and/or intellectual abilities.
- Disfigurement: Your relative has permanent physical scarring caused by the abusive behavior.
- Diminished quality of life: Your loved one can no longer enjoy life the same way or resume their lifestyle prior to the abuse.
Examples of Economic Damages Include:
- Medical expenses: Your relative’s physical or mental injuries were serious enough that they required treatment.
- Travel expenses: Your relative’s doctor was far away, forcing you to spend for the necessary travel, which may have included special arrangements, such as travel by ambulance/ambulette.
- Loss of wages: You had to take time off work to care for your loved one or help them deal with the abuse’s aftereffects.
- Loss of earning capacity: You will have to take extended time off work to provide additional care to your loved one.
In the worst-case scenario, you have lost a loved one to nursing home abuse. If this has happened we extend to you our condolences. We consider it a special privilege to represent the surviving family members of wrongful death victims of nursing home abuse.
We are dedicated to winning the compensation you need and the justice your departed loved one deserves. A nursing home abuse wrongful death claim could entitle you to non-economic and economic damages beyond those listed above. You can discuss your case with a patient and compassionate member of our legal team for more information.
Take Advantage of Your Right to File a Lawsuit
Your right to sue a nursing home lasts for a limited time. This is because:
- State laws only allow you so many years to begin your lawsuit.
- Important evidence could be destroyed, lost, or forgotten if you wait too long to file.
Our firm is ready to help you and your family with a nursing home abuse claim or lawsuit. We would be honored to handle your case on your behalf. With one of our attorneys on your side, you will not have to worry about any aspect of your case because we will:
- Keep you updated: Your lawyer will never leave you in the dark. Expect regular calls about how your case is going and the implications of new developments.
- Identify liable parties: In a case of nursing home abuse, the liable party could be an individual (e.g., a nurse or an administrator), the entire facility, or both.
- Communicate with others: The liable party and their representatives will talk to you through your lawyer and vice versa.
- Gather evidence: Information from medical records, witness testimony, police reports (if applicable), and more can strengthen your case against the liable party.
- Evaluate your case: Your lawyer will go over your case in detail to make sure that you are asking for appropriate compensation.
- Fight relentlessly to win the best possible case outcome for you.
Call the Attorneys at Friedman & Simon, L.L.P. for Help Today
Nursing home abuse is a very difficult and emotionally charged topic. If you suspect that your relative is experiencing nursing home abuse, call Friedman & Simon, L.L.P. at (516) 932-0400 for a free consultation.
We are able to assist you in multiple languages, including Spanish, Greek, Bengali, Tamil, and Kannada. We do not charge any fees unless and until you win.