If you or your loved one suffered harm in a Suffolk County nursing home, you might have a case for money damages. A nursing home abuse lawyer from Rosenberg & Gluck, L.L.P., could help you hold the at-fault party accountable and pursue compensation on behalf of you or your close relative.
Nursing home abuse does not have to be intentional. Neglect and negligence often lead to injuries that can be the basis of a nursing home abuse claim or lawsuit. Don’t fret about the legal process; our abuse lawyers serving Suffolk County can handle all of your case-related obligations.
For a free legal consultation with a nursing home abuse lawyer serving Suffolk County, call 516-451-7900
How Much is Your Case Worth?
Every claim is different. We cannot toss out a number that accurately represents the monetary value of your case without first talking to you and investigating your situation. One of the first things we do is evaluate the extent of the harm you experienced as a result of nursing home abuse.
Different types of nursing home abuse can cause different types of losses. For example:
- Physical abuse and neglect can cause a person to incur medical bills to treat their injuries. Those medical bills can be compensable.
- Financial abuse involves improperly taken or used assets, possessions, or cash. The abuser might have to return the money or other assets.
- Compensation for pain and suffering addresses two types of harm. A person might endure physical discomfort and emotional distress because of the mistreatment.
- A victim of nursing home abuse might have intangible losses, like the loss of mobility after a fall. These losses can be a part of your claim.
- Another challenging loss to measure in terms of dollars, but nonetheless a valid item for a claim, is post-traumatic stress disorder (PTSD) and anxiety. A vulnerable person can develop these life-altering conditions following abuse.
When we evaluate your situation, we can explore the potential items that we can include in your claim.
Suffolk County Nursing Home Abuse Lawyer Near Me 516-451-7900
Can You Afford a Lawyer for Your Nursing Home Abuse Case?
We accept nursing home abuse cases on a contingency-fee basis, which means that we will receive a percentage of the settlement or trial proceeds. You do not have to pay any upfront legal fees. We do not get paid until you win.
How Much Time do You Have to File a Nursing Home Abuse Lawsuit?
Generally, you have three years to file a nursing home abuse lawsuit, according to CPLR § 214. Sometimes this deadline is shorter, and under some circumstances, a court might extend the time limit.
If your loved one passed away because of nursing home abuse, you might be able to pursue a wrongful death lawsuit on behalf of the legal beneficiaries. New York generally gives people only two years to file wrongful death lawsuits, per EPTL § 5-4.1.
The American Bar Association (ABA) says that if you miss the deadline to file a personal injury or wrongful death lawsuit, you can forever lose the right to hold the at-fault party accountable.
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What Are the Types of Nursing Home Abuse?
People living in long-term care facilities are vulnerable to predators and neglect, as well as other forms of abuse. Using eyewitness testimony, your loved one’s statements, and video surveillance footage, we can evaluate your case’s validity.
We may find that one or more of the following instances of maltreatment took place:
- Physical abuse can be someone striking the victim intentionally or causing another kind of physical harm.
- Emotional abuse can be verbal abuse, like telling the resident that no one cares about her or mistreating the person on the basis of intellect, appearance, religion, sexual preference, gender identity, race, national origin, or other reasons.
- Sexual abuse can be any unwanted sexual contact or activity. If the resident has a significant intellectual impairment or is unconscious, the person does not have the capacity to give consent.
- Financial abuse happens frequently to seniors, both those who reside in long-term facilities and those who live out in the community. Elder financial abuse can include things like stealing money, valuables, and other assets. Also, tricking a senior into signing a document (like a will or the title to real or personal property) is financial abuse.
- Neglect in a nursing home can rise to the level of abuse. If staff members do not make sure the residents receive adequate nutrition and hydration, the residents can suffer severe harm. Failure to give prescribed medication as directed can also have lethal consequences.
There are many additional actions that can amount to nursing home abuse. Rather than suffering in silence and hoping that the situation will get better, it is best to advocate for yourself or your loved one sooner rather than later.
Who Can Be Liable for Nursing Home Abuse?
People typically think of filing a lawsuit against the nursing home when someone gets hurt, but there can be other potential defendants. Whoever was at fault through negligence or intentional actions can be liable for nursing home abuse.
The long-term care center and its staff members could get sued for nursing home abuse. Doctors and pharmacies could be liable for the harm they cause. Fellow residents may also inflict injury on others who live in the facility.
We will determine the at-fault and liable parties in your case. From there, we will seek to hold them accountable for your losses.
What Rights do Nursing Home Residents Have?
If the nursing home is a Medicare or Medicaid-certified facility, you have protections under the Nursing Home Bill of Rights. The Nursing Home Bill of Rights applies to all residents in a Medicare or Medicaid-certified facility, whether they receive these benefits or not.
State and federal laws protect residents of long-term care centers from mistreatment. Those laws lay the groundwork for the protections in the Nursing Home Bill of Rights.
What Should You do if You Suspect Nursing Home Abuse?
When a vulnerable person feels victimized, fear of retaliation might prevent them from seeking help. If you notice something “off” about your loved one, like unexplained bruising, significant personality changes, unusually high credit card balances, or low bank balances, you should take immediate action to protect their well-being.
This could include:
- Removing them from the facility
- Storing their personal possessions in a safe, secure place
- Notifying the nursing home of your suspicions
- Asking other residents and caretakers about your loved one’s situation
- Seeking medical care for your loved one
- Documenting suspected instances of abuse
Consider Your Legal Options
A nursing home abuse lawyer from Rosenberg & Gluck, L.L.P. serving Suffolk County, New York, can explore whether you or your loved one might have a claim. We offer an initial consultation at no charge, and there is no obligation.
We are happy to assist Spanish-speaking clients. Please feel free to call us today at (631) 451-7900 today to get started.