New York Nursing Home Neglect & Abuse Lawyers
Protecting the Elderly from Injury Caused by Their Caretakers
It is emotionally challenging to place a loved one in the care of a nursing home or other outside provider. This stress increases tremendously when the unthinkable happens and you suspect that your loved one is not being treated in a humane and proper manner.
The elderly are among our most vulnerable citizens and they often depend on loved ones and concerned third parties to protect them. Nursing home neglect and abuse can take many forms including physical, emotional, and financial harm. As the elderly often cannot speak up for themselves, they are at the mercy of others to take the steps to prevent injuries and neglect from occurring.
At The Law Firm of D.F. Truhowsky, we understand the pain, frustration, anger, and betrayal that come with learning a loved one has been neglected or abused while in elder care. Founding attorney Deborah Truhowsky is passionate about helping the neglected and abused attain the maximum compensation, treatment, care, and justice they deserve. Our New York nursing home neglect and abuse lawyers will work closely with you and your loved one throughout the duration of your case to ensure you obtain the best possible outcome.
Common Signs of Neglect & Abuse
Determining whether your loved one is being neglected or abused by a caregiver can be a challenging affair. This is especially true in situations when an elderly resident does not even realize they are the victim of neglect or abuse, or if they realize but cannot convey what they’ve experienced. While the signs of neglect and abuse can overlap, there are distinctions between the two. Your loved one may be neglected, abused, or both at the same time. Even though they may overlap, it is important to know the differences. Fortunately, there are some tell-tale signs to watch out for if you suspect neglect or abuse.
Signs of neglect include:
- Bed sores also known as pressure ulcers
- Falls or wandering
- Injuries, such as fractures, of unknown origin
- Rapid, unusual weight loss not associated with a known condition
- Dehydration and/or malnutrition
- Unsanitary living conditions
- Signs that your loved one hasn’t been changed or bathed recently
For example, pressure ulcers (or bed sores) are often the result of negligence that occurs when a caregiver fails to move or position a person who can no longer do this for themselves. If left in the same position for hours, the unrelieved pressure and other factors can cause the skin to break down, forming painful bed sores that can become infected and, in some cases, can even be fatal. Bed sores should typically not occur if your loved one is being treated well (although there may be exceptions), so this is a common signal that your relative may have been neglected by the facility.
Common signs of abuse include:
- Changes in behavior, such as becoming more withdrawn, irritable, or avoiding activities they once enjoyed
- Rocking back and forth and/or other signs of having experienced trauma
- Unexplained bruises, burns, cuts, scars, or other wounds
- Signs of financial trouble, such as an eviction notice for unpaid rent, a notice of late mortgage payments, or home eviction, even though your loved one should have enough assets to cover their expenses
Neglect and abuse are often associated with nursing homes and caregivers; in fact, over 50% of nursing home staff have confidentially admitted to partaking in some form of abuse. Resident-on-resident abuse is also common. Whether your loved one’s neglect or abuse was perpetrated at a nursing home, hospital, assisted living facility or while receiving home care, our experienced legal team will be there for you.
The best way to determine whether your loved one is being well cared for is to visit and/or speak with them as often as possible. If your loved one is lucid and seems to be in a calm enough mental state, ask them directly how they are being treated, but do so in a private space where they can feel comfortable being truthful. However, don’t push your relative if they seem uncomfortable. In fact, this discomfort may be a sign that they have been neglected or abused but are too afraid or embarrassed to reveal it; studies estimate that between only 1 in 14 and 1 in 25 cases of elder abuse are actually reported.
Compensation for Nursing Home Neglect: Failure to Prevent Falls & Bed Sores
We obtained a significant six-figure settlement on behalf of the estate of an elderly woman with Alzheimer’s disease against a Long Island nursing home whose negligence resulted in her suffering numerous serious falls, painful fractures, and bed sores (pressure ulcers). The facility failed to properly assess her needs and provide interventional measures, even though the resident was at a high risk for falls.
In a little over a year, the elderly woman fell 16 times, resulting in fractures of the pelvis, spine, nose, and wrist—and developed multiple bed sores that became infected and required agonizing debridement procedures (removal of dead tissue).
To attain the comprehensive and compassionate representation you and your loved one deserve, contact us now. We offer free consultations.
Compensation for Nursing Home Abuse: Captured by a Hidden Camera
We obtained a significant six-figure settlement against a nursing home in New York City for nursing home abuse and neglect. The client, a frail woman in her late 80s, had several suspicious injuries and painful bed sores. When the family didn’t receive satisfactory explanations from the nursing home, they cleverly hid a camera in her room and captured on film several incidents of nursing home abuse and neglect by the nursing home staff.
Compensation for In-Home Neglect: A Nurse Too Busy to Provide Proper Care
We obtained a significant settlement for the family of a deceased elderly woman against a home care agency. The woman was in her late 80s, with both dementia and Alzheimer’s disease, and required 24-hour in-home care. While receiving this 24-hour care, she became dehydrated, malnourished with sepsis due to aspiration pneumonia, and developed a pressure ulcer (bed sore) that became infected.
Due to poor supervision and care planning by the supervisory staff of the agency, she did not receive the appropriate services to prevent her deterioration and eventual death.
This case settled before trial and the money was awarded to the woman’s estate.
How a New York Nursing Home Neglect & Abuse Attorney Can Help
Many family members do not know what to do when they suspect that a loved one is receiving inadequate care or is subject to abuse. Residents of nursing homes and assisted living facilities and hospital/home care patients are entitled to the same protections as any person in society, and they can receive compensation when their rights have been violated through neglect or abuse.
In addition, there are federal and state regulations that set forth specific standards of care that facilities are required to provide their residents. Further, under the New York State Public Health Law, if a nursing home resident is injured, the burden is on the facility to show that they properly cared for the resident.
If you suspect that someone you care about has been the victim of neglect, abuse, or mistreatment, it is critically important that you take immediate action—whether your loved one is a resident of a nursing home, a hospital patient, an assisted living resident, or receiving in-home care. In addition to the emotional trauma that such incidents create, your loved one could be at serious risk of injury, disease, or even death.
Over the years, our attorneys have helped thousands of victims of neglect and abuse and their families receive millions of dollars in compensation. As we are paid on a contingency fee basis, there are no upfront costs to you in most cases. Reach out to us today to learn more.
If a loved one has been the victim of neglect or abuse, contact us online or call us at (888) 400-1691. We will do our best to ensure that they receive the maximum financial compensation possible for their pain and suffering.