New York Nursing Home Abuse Lawyer
New York has a large and growing elderly population, with many seniors residing in nursing homes and long-term care facilities. Unfortunately, nursing home abuse is a widespread problem in New York, with many residents suffering from neglect, mistreatment, and abuse. According to the New York State Department of Health, there were over 8,000 reports of abuse, neglect, or exploitation in nursing homes in 2020 alone. New York State has implemented laws and regulations to protect nursing home residents from abuse and neglect, but unfortunately, many facilities fail to follow these guidelines, leading to harm and suffering for residents. If you suspect that your loved one has been a victim of nursing home abuse in New York, it is crucial to seek legal help from a knowledgeable and experienced New York nursing home abuse lawyer who understands the complexities of nursing home abuse cases in the state. Stephen Bilkis & Associates is committed to fighting for justice for victims of nursing home abuse in New York.Why Nursing Home Abuse Occurs
Nursing home residents are among the most vulnerable members of our society. Many nursing home residents are elderly, and they may have physical or mental health conditions that make it difficult for them to care for themselves. This vulnerability puts them at risk for a range of issues, including abuse, neglect, and exploitation.
Physical vulnerability is a significant concern for nursing home residents. Many residents have limited mobility, which can make it difficult for them to move around or perform basic activities of daily living (ADLs) like bathing, dressing, and toileting. This can make them more susceptible to falls, injuries, and accidents.
Mental vulnerability is also a concern. Many nursing home residents have dementia or other cognitive impairments, which can make it difficult for them to understand and communicate their needs. This can put them at risk for neglect or abuse, as they may not be able to express their concerns or report mistreatment.
In addition to these physical and mental vulnerabilities, nursing home residents may also be socially isolated. Many residents do not have regular contact with family or friends, and they may not have opportunities to participate in social activities or engage with others. This isolation can contribute to depression, anxiety, and other mental health issues.
All of these factors combine to make nursing home residents particularly vulnerable to abuse, neglect, and exploitation. Unfortunately, these issues are all too common in nursing homes across the United States, including in New York. It is essential for family members, caregivers, and nursing home staff to be vigilant and to prioritize the safety and well-being of nursing home residents at all times. This includes advocating for their needs, reporting any suspected mistreatment, and working to create a supportive and caring environment that promotes their health and happiness.Common Forms of Nursing Home Abuse
Nursing home abuse is a tragic reality that occurs all too often in New York and across the country. Unfortunately, many elderly individuals are subjected to neglect and mistreatment in nursing homes, which can have devastating consequences for their physical and emotional well-being. There are several common forms of nursing home abuse that occur in New York, including:
- Physical Abuse: Physical abuse involves the use of force against a resident, resulting in injury or pain. This type of abuse can take many forms, such as hitting, pushing, or restraining a resident. Signs of physical abuse or neglect include bruises, cuts, burns, broken bones, or other unexplained injuries.
- Emotional Abuse: Emotional abuse involves the use of words, actions, or behaviors that cause psychological distress to a resident. Examples of emotional abuse include yelling, belittling, and isolating a resident from social activities. Emotional abuse in nursing homes can be difficult to detect, as it often does not leave physical marks or scars. However, there are some signs to look for that may indicate emotional abuse is occurring. For example, if the resident suddenly becomes less social, less communicative, or less engaged with activities they once enjoyed, this may be a sign that they are experiencing emotional abuse. Emotional abuse can cause a resident to display unusual behaviors, such as rocking back and forth, sucking their thumb, or biting their nails. If the resident suddenly displays a lack of confidence or poor self-esteem, this may be a sign that they are being emotionally abused.
- Sexual Abuse: Sexual abuse involves any unwanted sexual contact or activity with a resident. This can include rape, fondling, and other sexual acts. Sexual abuse in nursing homes is a serious issue that can be difficult to detect. However, there are some signs to look for that may indicate sexual abuse is occurring. Bruises, cuts, or other physical injuries around the genitals or breasts may be a sign of sexual abuse. Torn or bloody underclothing can be a sign of sexual abuse. Pain or difficulty walking or sitting may also indicate that the resident has experienced sexual abuse. If the resident has an unexplained STI, it may be a sign of sexual abuse.
- Neglect: Neglect occurs when a nursing home fails to provide adequate care to a resident, leading to physical or emotional harm. This can include failing to provide food, water, medication, or assistance with personal hygiene. Signs of neglect include poor hygiene, including dirty clothing, bed linens, and living spaces. The resident may also appear unkempt or have unexplained weight loss.
- Financial Exploitation: Financial exploitation involves the unauthorized use of a resident's money or assets for personal gain. This can include stealing cash or valuables, forging checks, or using a resident's credit card without their consent. Unexplained withdrawals from bank accounts or missing personal items could be a sign of financial exploitation by caregivers or staff members.
Note that not all abuse in nursing homes is committed by staff. In some instances, residents are abused by other residents. However, it is up to staff to make sure all residents are safe by providing adequate staffing and property monitoring.
If you suspect that your loved one is experiencing abuse in a nursing home, it's important to report it to the nursing home administration, the police, or an elder abuse hotline immediately. A skilled New York nursing home abuse lawyer can help you investigate the matter, protect your loved one's rights, and pursue justice.Statistics on Nursing Home Abuse in New York
According to data from the New York State Department of Health, the number of reported cases of abuse, neglect, and exploitation in nursing homes in New York has increased over the past few years. Here are some statistics on nursing home abuse in New York. In 2020, there were 7,286 reported incidents of abuse, neglect, and exploitation in New York nursing homes. The most common type of abuse reported was physical abuse, accounting for 32% of all incidents. The second most common type of abuse reported was psychological abuse, accounting for 29% of all incidents. Sexual abuse was reported in 1% of cases. The most common form of neglect reported was related to basic needs, such as lack of food or water, accounting for 28% of all incidents. Financial exploitation was reported in 2% of cases. More than 90% of the incidents reported in nursing homes were classified as non-criminal. It is important to note that these statistics only reflect reported cases of abuse, neglect, and exploitation in nursing homes, and it is believed that many cases go unreported.
These statistics highlight the need for families to be vigilant and aware of the signs of nursing home abuse, and for nursing home staff to be held accountable for any abuse or neglect that occurs. If you or a loved one has been a victim of nursing home abuse in New York, it is important to seek the help of an experienced New York nursing home abuse lawyer who can protect your rights and help you seek justice.Value of a Nursing Home Abuse Case
If you or a loved one has suffered abuse or neglect in a New York nursing home, you may be wondering how much your case is worth. While there is no set amount for nursing home abuse cases, the value of your case will depend on several factors.
One of the most important factors is the severity of the abuse or neglect. The more severe and long-lasting the abuse or neglect, the more compensation you may be entitled to. For example, if a loved one suffered from bedsores that went untreated for months, resulting in serious infections, they may be entitled to more compensation than someone who experienced milder forms of neglect.
Another factor that can affect the value of your case is the type of damages you are seeking. Compensatory damages, which are intended to compensate victims for their losses, can include medical expenses, lost income, and pain and suffering. Punitive damages, which are intended to punish the nursing home for its misconduct, may also be available in some cases.
It's important to note that the value of your case will also depend on the strength of the evidence you have to support your claim. A skilled nursing home abuse attorney in New York can help you gather and present evidence that supports your case and can help you obtain the compensation you deserve.Notable New York Nursing Home Abuse Cases
Here are some examples of New York nursing home abuse personal injury cases:
- Cooney v. Ketteler Care Center, Inc., 37 Misc. 3d 1213(A) (Sup. Ct. Queens Cnty. 2012): In this case, a resident of a nursing home suffered multiple falls due to the negligence of the nursing home staff, resulting in serious injuries including a fractured pelvis. The court found that the nursing home was liable for the resident's injuries due to their failure to provide adequate care.
- Gadaleta v. Kissing Camels Home Health Care, Inc., 173 A.D.3d 1467 (App. Div. 2d Dept. 2019): In this case, a resident of a nursing home suffered a pressure sore due to the nursing home staff's failure to properly monitor and treat the sore. The resident eventually had to have her leg amputated as a result of the pressure sore. The court found that the nursing home was liable for the resident's injuries and awarded damages to the resident.
- Delaney v. Lutheran Care Center, 94 A.D.3d 1285 (App. Div. 3d Dept. 2012): In this case, a resident of a nursing home suffered multiple falls due to the nursing home staff's failure to properly supervise and assist the resident. The resident suffered serious injuries including a fractured hip and required surgery as a result. The court found that the nursing home was liable for the resident's injuries and awarded damages to the resident.
- Zipp v. Meyer Suozzi English & Klein, P.C., 33 Misc. 3d 1229(A) (Sup. Ct. Nassau Cnty. 2011): In this case, a resident of a nursing home was sexually assaulted by another resident due to the nursing home staff's failure to properly monitor and supervise the residents. The court found that the nursing home was liable for the resident's injuries and awarded damages to the resident.
These cases demonstrate the types of nursing home abuse and neglect that can occur in New York and the legal remedies available to victims and their families. It's important to consult with a skilled nursing home abuse attorney in New York if you suspect that your loved one has been the victim of abuse or neglect in a nursing home.Contact Stephen Bilkis & Associates
Nursing home abuse is a serious problem in New York, with thousands of reported incidents of abuse, neglect, and exploitation in recent years. These incidents can have devastating consequences for victims and their families, including physical and emotional trauma, financial loss, and even death. It is crucial for families to be aware of the signs of nursing home abuse and to take action if they suspect their loved ones are being mistreated. At Stephen Bilkis & Associates we understand the devastating impact of nursing home abuse, and we are committed to fighting for the rights of victims and their families. Our experienced nursing home abuse attorneys serving New York have the knowledge and resources to hold nursing homes accountable for any abuse or neglect that occurs, and we are dedicated to helping our clients seek the justice and compensation they deserve. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Brooklyn, Long Island, Queens, Manhattan, Staten Island, Suffolk County, Bronx, and Westchester County.