Nursing home abuse cases are especially emotional ones because we expect nursing home employees, managers, and owners to provide our loved ones the best care and attention possible. But when this trust is broken, or if an elderly loved one was injured because of the negligence of a nursing home caretaker, you have the right to file a claim for damages. A personal injury attorney can help you prove harm in a nursing home abuse case and win you the compensation your family deserves.
Taking Legal Action
Should you decide to sue the nursing home at which your loved one was injured, filing a civil lawsuit will be the best route to take. In this case, your lawyer can help you file a complaint with the county or state court clerk. The nursing home will respond to the complaint, and the two parties will enter into the discovery period, during which evidence and witness testimony will be evaluated by each side. Generally, the parties can reach an agreement out of court, but if not, they will go to court to resolve the dispute. Your attorney can represent you in court and present your evidence and argument against the nursing home.
Proving Nursing Home Abuse or Negligence
Proving a nursing home abuse or negligence claim requires demonstrating that the facility’s owners, supervisors, or employees were negligent in some way, and as a result, your loved one suffered harm. The elements that must be present:
- The nursing home had a responsibility to provide care to the resident
- The nursing home failed to uphold this responsibility (either by directly abusing the resident or indirectly harming them through negligence)
- As a result of the home’s breach, the resident suffered lasting harm
Proving these elements is usually an easy hurdle to jump since the home’s duty to care is spelled out in their contract. Your attorney can prove that the resident was harmed by showing medical documents and the injury incident report which should have been made by the nursing home staff.
Additionally, if a resident is being emotionally or physically abused, it is recommended that they document the abuse through diary entries and photographs, which can be used as proof in court.
Contact a New York Nursing Home Abuse Lawyer
The experienced nursing home abuse attorneys at Hach & Rose, LLP will be ready to help you put an immediate stop to any abuse or neglect suffered by a loved one in a nursing home. Call our office at (212) 779-0057 or reach out to us online to schedule your free consultation today.
The New York State Health Department recently fined a Buffalo-area nursing home $10,000 for destroying evidence of an alleged sexual assault that took place at the nursing home. Officials claim that nursing home staff also waited hours before reporting the assault.
According to a report from The Buffalo News, staff from the Gowanda Rehabilitation and Nursing Center waited more than six hours before reporting the May 29 assault to the police. A 73-year-old male resident sexually assaulted an 88-year-old female resident around 4:30 a.m. on May 29. According to the article, both residents suffer from dementia and the female resident cannot leave her bed without the help of a mechanical lift.
Nursing home staff members checked in on the female resident after hearing her shout “No” to the man, but decided they didn’t find evidence of a sexual assault. Later, a staff member cleaned the woman and changed her underwear, destroying any evidence that could have been examined by the police.
The alleged victim’s daughter filed a civil suit against the nursing home’s owners in September, though on Nov. 4 the owners denied responsibility.
Unfortunately, abuse in nursing homes is relatively common and is generally underreported. According to a study by the National Academy of Elder Law Attorneys, for every report filed by a victim of nursing home abuse, there are five cases that go unreported. Whether you or a loved one has been the victim of abuse from a nursing home staff member or a fellow resident, there are professional nursing home abuse attorneys who will fight for you, such as the ones at Hach & Rose, LLP.
Contact a New York Nursing Home Abuse Lawyer Today
If you or a loved one have been victimized in a nursing home, contact the experienced nursing home abuse lawyers of Hach & Rose, LLP at (212) 779-0057. We are here to support you through this challenging time, so call us or fill out our online form to schedule a free consultation today. We’ll help you understand your rights and legal options, and will help you get the justice you deserve.
In nursing homes, elders deserve to be treated with as much care and respect as any other person in a long-term care facility. Unfortunately, there are too many instances where this is not the case. According to research from the National Institute on Aging, “hundreds of thousands of adults over the age of 60 are abused, neglected, or financially exploited [per year].”
Researchers have estimated that every year, approximately 5 million elders are abused in nursing homes or long-term care facilities. This is particularly true for elders who are made especially vulnerable by disabilities, Alzheimer’s, or dementia. Often times, these elders are seen as “easy targets” for abusive behavior.
Signs of Elder Abuse
Often times, preventing abuse can be as simple as recognizing the signs. Here are some of the most common signs that an elder is being abused in a nursing home or other long-term care facility. An elder may be experiencing abuse if they:
- Have unexplained bruises, burns, cuts, or scars
- Develop bedsores or other preventable conditions
- Have poor hygiene, like unwashed hair or dirty clothing
- Become depressed and withdrawn
- Have unexplained weight loss
- Are afraid to speak in front of an attendant
- Exhibit signs of trauma, such as rocking back and forth
- Become violent or agitated easily
- Stop participating in activities they once enjoyed
Types of Elder Abuse
There are several different types of abuse that elders can be subject to, including:
- Physical abuse – a caregiver striking, hitting, pushing, slapping, or otherwise causing bodily harm
- Emotional or verbal abuse – a caregiver yelling, threatening, repeatedly ignoring, or otherwise harming psychological health
- Medical neglect or abandonment – a caregiver failing to provide the proper level of care needed in maintaining a patient’s health
- Sexual abuse – a caregiver forcing or manipulating a patient to participate in unwanted sexual acts
- Financial abuse – a caregiver stealing from or taking financial advantage of a patient
- Healthcare Fraud – a caregiver falsifying medical claims or charging for care that was not provided
Contact a New York Nursing Home Abuse Lawyer
If your loved one has been the victim of abuse within a nursing home or other long-term care facility, you are undoubtedly going through an emotionally difficult and confusing time. You trust these care facilities to provide your loved one with the care and respect they deserve. However, once that trust has been broken, it can be difficult to understand how to move forward.
At Hach & Rose, LLP, our experienced team of nursing home negligence attorneys will support you and guide you through the legal process in obtaining justice on behalf of your loved one.
According to the Centers for Disease Control and Prevention (CDC), there were 230 reported food-related illness outbreaks in nursing homes from 1998-2017, resulting in 7,648 reported illnesses by residents. Of that number, 532 residents were hospitalized and 54 died as a result of food-borne illness.
In 2018, unsafe food handling was the third most common citation issued to nursing homes in the U.S., behind lack of infection prevention and injuries caused by a lack of supervision, hazards, or devices. In fact, 33% of all nursing homes were cited for violations concerning food safety last year. One of the largest organizations in the U.S., Genesis Healthcare, which operates more than 400 homes in 30 states, received violations at nearly half of its facilities.
Commonly-Cited Food Safety Hazards at Nursing Homes
Some of the most frequent food safety citations at nursing homes include:
- Employees failing to wash hands before handling food
- Cockroach infestations
- Mouse droppings in cooking areas
- Flies in undercooked meat
- Debris in meat slicers
- Mold in ice machines
People over the age of 65 are particularly susceptible to foodborne illness, due to age-related digestive system issues, weakened immune systems, chronic diseases, and other issues, according to FairWarning.org.
Unfortunately, the fines for food safety violations are relatively low, so facilities are often cited for the same violation numerous times. Approximately one-third of facilities received the same violation two or three times, and ten percent received the same violation three or more times.
It appears that there is little that can be done about these blatant food safety violations. In fact, in July, the Trump administration even rolled back existing regulations on nursing homes that included strict food handling standards. The original regulations required directors of food and nutrition services to have specific education and certifications, but the government cited that the legislation was too “burdensome” in its rollback. Now, the education and certification requirements have been relaxed to “a few years of experience,” which might not be enough to prevent food-borne illness outbreaks in many facilities.
Contact a New York Nursing Home Lawyer
Did your loved one become ill due to negligent food handling in a nursing home? When facilities fail to provide an adequate standard of care for residents, the team at Hach & Rose, LLP will be there to make sure that the responsible parties are held accountable. We fight for the rights of nursing home facility residents and their families in New York and the surrounding areas, and we’ll be ready to discuss your case when you call us at (212) 779-0057 to schedule a free, no-obligation consultation.
Bethlehem, NY (May 1, 2019) – A 32-year-old woman from Troy has been arrested for allegedly mistreating a disabled person who was in her care at the time. The arrest was announced on Wednesday, May 1st after police were able to credibly accuse Tracey-Ann Gardner of abuse while working at the Center for Disability Services located in Delmar.
Hach & Rose attorney John Blyth discusses what it means to be a “fall risk” when it comes to nursing homes and caring for the elderly. At Hach & Rose, LLP, we firmly believe that our loved ones deserve the utmost care in a nursing home, and if they are not properly monitored or taken care of according to their specific needs, the nursing home should be held responsible for their failures.
Our elderly loved ones deserve to live with dignity and proper care, and we will not stand for anything less than ideal treatment. For more information about your rights and the rights of your loved one, contact us at (212) 779-0057 today.
In a new video FAQ, attorney John Blyth describes the signs that a loved one has not been cared for properly by an elder care facility or nursing home. If you suspect that your loved one has been harmed by the individual or individuals who are paid to care for them, there are steps you can take to make things right. Contact the New York City nursing home abuse lawyers of Hach & Rose, LLP today to discuss your legal options at (212) 779-0057.
In a new video FAQ, Hach & Rose attorney John Blyth discusses how nursing home or elder care facilities should take precautions to prevent injuries to patients who are at a greater risk of falling. Watch the video here, or contact us if you have any questions about a specific incident that has happened to you or a loved one.
Hach & Rose attorney John Blyth discusses bed sore prevention and treatment. Unfortunately, if nursing home staff are not properly trained or if they neglect your loved one, painful bed sores may occur. You do not have to tolerate the mistreatment of your loved one and you can take action. Contact us today to discuss your legal options.
The decision to place a parent, grandparent, or other loved one in a nursing home or other care facility is often fraught with reasonable concerns. While on the one hand, the regular care, supervision, and medical attention is often more than you can personally provide, you also may fear that the staff may not give them the love and attention they deserve. Even worse than the fears of neglect are the fears of abuse at the hands of the people who are supposed to be helping your loved one.
In a new CNN investigation, the news outlet examines some real-life cases of abuse that have become horrifyingly common. Read the CNN report here, and if you suspect that your loved one has suffered similar abuse, you do not have to stand idly by. To learn more about how we can help you, visit our Nursing Home Abuse page. Make sure to contact an experienced elder care lawyer of Hach & Rose, LLP at (212) 779-0057 today.
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