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Nursing Home Abuse

Home  >  New York Personal Injury Lawyer   >  Nursing Home Abuse

If a loved one has suffered from nursing home abuse or neglect, the attorneys at Hach & Rose, LLP are committed to holding the responsible parties accountable and securing the justice your family deserves. With over 100 years of combined legal experience, our New York nursing home abuse lawyers have successfully represented numerous victims of nursing home abuse throughout New York City and the entire state, helping their families obtain meaningful compensation and peace of mind.

Choosing a nursing home for a family member is a challenging decision, made with the hope that they will receive compassionate and high-quality care. Sadly, many nursing homes fail to meet these standards, resulting in abuse, neglect, and mistreatment of vulnerable elderly residents. 

At Hach & Rose, LLP, we understand the profound impact such abuse has on families, and we fight rigorously to ensure victims and their families receive the justice and compensation they deserve.

Contact Hach & Rose Today for a Free Consultation

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Table Of Contents
  • Contact Hach & Rose Today for a Free Consultation
  • Why Choose Hach & Rose, LLP as Your New York Nursing Home Abuse Law Firm?
  • Recognizing Signs of Nursing Home Abuse and Neglect
  • Steps to Take After Suspecting Nursing Home Abuse
  • How Hach & Rose, LLP Investigates Nursing Home Abuse Cases
  • What is the Legal Process, and What Compensation Can We Request for Nursing Home Abuse Victims?
  • Common Causes and Types of Nursing Home Abuse We Handle
  • We Can Navigate Insurance Claims While You Pay No Upfront Legal Fees
  • Trust Our Nursing Home Abuse Laws in New York
  • Nursing Home Abuse FAQs
  • Speak to A Dedicated New York Nursing Home Abuse Lawyer
  • We Hold Negligent Nursing Homes Accountable

Why Choose Hach & Rose, LLP as Your New York Nursing Home Abuse Law Firm?

Our attorneys bring an unparalleled level of legal advocacy to all our clients, including nursing home abuse clients. Recognized among New York’s top-rated lawyers, our team members have been honored on the New York Super Lawyers list, Top 40 Under 40, and the Multi-Million Dollar Advocates Forum. This recognition underscores our dedication, experience, and skill in successfully handling complex abuse and neglect claims.

New York state regulations and federal laws provide strong protections for nursing home residents. These provisions regulate nursing home operations, staff qualifications, resident rights, and standards of care. Our attorneys’ deep knowledge of these laws enables us to craft tailored legal strategies that effectively advocate for our clients’ rights in abuse situations.

We are prepared to pursue compensation for all damages caused by nursing home abuse, including: 

  • Medical expenses 
  • Pain and suffering 
  • Emotional distress 
  • Loss of quality of life 

At Hach & Rose, LLP, we ensure that the facility’s negligence or intentional misconduct does not financially burden you and your family.

Nursing homes that mistreat their residents must be held accountable.

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Recognizing Signs of Nursing Home Abuse and Neglect

According to the World Health Organization, roughly one in six people over 60 experience abuse in community settings, and rates in institutional environments like nursing homes are often higher. These violations compromise not only the health but also the dignity and security of affected individuals.

It is vital to act swiftly if you suspect nursing home abuse or neglect. Look for these common signs of abuse:

  • Unexplained bruises 
  • Cuts,
  • Bedsores 
  • Dehydration
  • Sudden behavioral changes
  • Withdrawal from social interaction 
  • Poor hygiene

Neglect can also occur when basic needs such as food, water, medication, or proper medical care are not provided.

If you observe any of these warning signs—or if your loved one reports mistreatment—you should immediately consider two priorities: protecting their safety and preserving evidence that could support a legal claim, even when nursing homes from being sued try to avoid responsibility.

Steps to Take After Suspecting Nursing Home Abuse

If you suspect your loved one is being abused, you need to act quickly. Here are some steps to consider depending on the circumstances you are facing, including concerns about abuse of the elderly in nursing homes.

  1. To prevent further harm, the loved one should be relocated to a safer environment, such as another nursing facility, hospital, or family home.
  2. Obtain complete resident and medical records from the nursing home and healthcare providers related to the incident. Our team can help you gather these documents.
  3. Document all signs of abuse or neglect with detailed notes and photographs, including visible injuries and poor living conditions.
  4. File a formal complaint with the New York State Department of Health, which investigates allegations and may cite the facility.
  5. Consult our experienced nursing home abuse attorneys promptly to begin case evaluation and evidence collection.

Our attorneys will guide you through each step, working diligently to protect your loved one’s rights.

nursing home abuse
elder abuse women

How Hach & Rose, LLP Investigates Nursing Home Abuse Cases

When we are presented with potential nursing home abuse, our approach to investigation is thorough and multifaceted. Once we learn the details from you, we can:

  • Review police and incident reports and collect statements from witnesses, including staff and residents.
  • Analyze medical and hospital records detailing injuries and treatment.
  • Examine nursing home policies, employee records, staff training protocols, and maintenance logs.
  • Secure photographic or video evidence of injuries and substandard facility conditions.
  • Investigate past abuse reports to establish patterns of negligent behavior.
  • Collaborate with medical experts to assess injury causation and extent.

This comprehensive investigation supports building a strong case to establish the facility’s liability and support your request for financial damages, demonstrating the full extent of nursing home abuse and neglect.

What is the Legal Process, and What Compensation Can We Request for Nursing Home Abuse Victims?

Once evidence is gathered, we create and present a formal demand to the responsible parties, which could be the nursing home facility or individual caregivers. This demand provides evidence and requests fair compensation. 

Our goal is to negotiate a fair settlement to avoid an expensive and lengthy trial and the stress that it might place on your loved one. However, if negotiations fail, we will be prepared to take your case to court and aggressively advocate before a judge or jury.

Victims of nursing home abuse may be entitled to various damages, including:

  • Past and future medical bills
  • Out-of-pocket expenses
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Permanent disability or disfigurement
  • Loss of consortium (for family members)

The value of your claim depends on the severity of the injuries, the length of treatment, the strength of the evidence, the facility’s insurance policy coverage, and other factors. Our tenacious elder abuse lawyers will fight for the maximum compensation possible that addresses both tangible financial losses and intangible personal harms, while also helping families recognize the signs of nursing home abuse that often go unnoticed.

Common Causes and Types of Nursing Home Abuse We Handle

In our experience, elderly people living in nursing homes or other institutional settings may suffer a variety of abuses, including:

  • Understaffing: Overworked and exhausted staff increase risks of neglect and abuse.
  • Inadequate Training and Supervision: Insufficient staff education can lead to errors and misconduct.
  • Negligent Hiring: Facilities that fail to screen employees may hire individuals with abusive backgrounds.
  • Physical Abuse: Assaults causing bruises, fractures, and trauma.
  • Emotional Abuse: Verbal harassment, intimidation, and humiliation affecting mental well-being.
  • Sexual Abuse: Non-consensual acts causing physical and emotional harm.
  • Financial Exploitation: Misuse or theft of residents’ assets or property.
  • Neglect and Abandonment: Failure to provide essential care, resulting in malnutrition, bedsores, or worse.

Our attorneys can thoroughly investigate your situation to identify all responsible parties and ensure justice is served, offering guidance on how to choose a personal injury lawyer who has the experience and dedication needed for nursing home abuse cases.

We Can Navigate Insurance Claims While You Pay No Upfront Legal Fees

Nursing home abuse claims involve complex insurance policies held by facilities and caregivers. We review relevant policies to assess all available coverage and build compelling claims supported by solid evidence.

The New York nursing home abuse lawyers at Hach & Rose, LLP work on a contingency fee basis, meaning you owe no upfront legal fees and pay nothing unless we recover compensation for you and your loved one. We provide free initial consultations to evaluate your case, explain your options, and help you make informed decisions.

Trust Our Nursing Home Abuse Laws in New York

New York enforces robust state and federal laws protecting nursing home residents’ rights, covering care standards, facility licensing, staffing requirements, and the duty to report abuse. The Patient Abuse Reporting Law mandates healthcare professionals to report suspected mistreatment promptly to relevant authorities.

Our attorneys leverage these protections to hold negligent parties accountable, ensuring that clients’ legal rights are vigorously defended.

Contact Hach & Rose, LLP Today to Learn More

Facing suspected nursing home abuse can be overwhelming and emotionally painful. You need knowledgeable legal advocates who understand the intricacies of elder law and personal injury litigation in New York.

The nursing home abuse lawyers at Hach & Rose, LLP provide compassionate, tenacious representation to protect your loved one’s dignity and well-being while pursuing fair compensation. Contact us at (212) 779-0057 or online for a confidential, no-obligation consultation.

We stand ready to fight for justice and help you reclaim peace of mind.

Get a free consultation

Nursing Home Abuse FAQs

If someone you loved was the victim of abuse, you might not know the steps you should take to pursue legal action. You want to hold the people responsible for causing their injuries accountable but don’t have experience with this situation. Below we answer the most common questions people ask about nursing home abuse cases.

How can I tell for sure if abuse is occurring?

It can often be difficult to determine if abuse affects an elderly resident. This is a reason many abusers target them in the first place. The elderly are more susceptible to bruises, cuts, and other small injuries from everyday activity. However, these wounds can also be signs of abuse. To determine when abuse is occurring, make a note of the severity and frequency of the injuries. You should also look for warning signs, such as bedsores, withdrawal from social activities, symptoms of depression, and other sudden or strange behavior changes.

In what ways do caretakers take advantage of the elderly?

Unfortunately, caretakers are some of the most common perpetrators of abuse in nursing homes. In many situations, the people that you and your loved one trust the most are the ones that take advantage of their patients. Many caretakers abuse their position of authority and take advantage of patients with physical or mental deficits. Victims often avoid incriminating their caretakers for fear of disbelief or retaliation. Some victims who experience memory loss may be unable to identify their abuser. Those who take advantage of the elderly in these situations commit serious crimes and should be punished for their actions.

Why Should I Seek Legal Help?

When facing an abuser of any kind, it can be very difficult for the victim or their loved ones to have an impact on the situation. This is particularly true of nursing homes, which often aim to protect their reputation more than their residents. The lawyers at Hach & Rose, LLP know the underhanded tactics that nursing homes use to get out of lawsuits, and we are prepared to make sure they face the consequences of their actions. We will help you gather the necessary information to prove the nursing home’s abusive behaviors and build a case in your favor. The advice and assistance of a lawyer will not only make creating your case a simpler process, but it will also increase your chances of winning and ending this injustice.

What is My Case Worth?

You may question whether taking your case to court is worthwhile if you stopped the abuse. However, in many cases, you or your loved one may be able to receive compensation for the suffering they endured. Additionally, you could use the financial award to transfer them to a better facility or pay for a different form of care. Our New York nursing home abuse attorneys will calculate your economic damages and determine a monetary value for your noneconomic damages. We can’t provide an exact amount you could recover, but we have an estimate of what we believe your case is worth.

How can I find the right nursing home?

When selecting a nursing home, finding a facility that suits your or your family member’s health needs is important. Some of the things you may want to consider when choosing a nursing home include:

  1. Compile a list of potential nursing homes within traveling distance.
  2. Speak to friends, neighbors, senior groups, and social groups about potential facilities
  3. Check the Medicare and Medicaid website for a list of certified nursing facilities
  4. Determine the facility’s proximity to family members and friends so that visits can be as frequent as possible
  5. Make an unannounced visit to the facility to determine the general feel of the place. Ask questions:
    • Is the atmosphere friendly?
    • How does the staff treat residents?
    • Is the facility clean?
    • How is the temperature?
    • How is the food?
    • What steps are taken in the event of a medical emergency?
    • Are there trained medical professionals on staff?
    • Where is the nearest hospital to the facility?
  6. After the unscheduled walk-through, schedule an appointment with the facility’s administrator to ask questions regarding visitation, meals, hiring practices, and staff requirements.
  7. Finally, try to determine the overall quality of life of the residents. Does the facility provide social events? Opportunities to interact with friends and other residents?

Speak to A Dedicated New York Nursing Home Abuse Lawyer

At Hach & Rose, LLP, we have an experienced legal team that will fight hard to hold the nursing home accountable for the harm they caused. Your loved one should have peace of mind knowing they will have a safe and healthy future ahead of them. We will use our knowledge of state laws and regulations to prove wrongdoing and restore you and your family’s financial security. You will not be alone during this devastating experience. We will remain by your side until the very end. If you suspect a nursing home of abuse or neglect, call the New York nursing home abuse attorneys of Hach & Rose, LLP for a free consultation at (212) 779-0057 or contact us online.

We Hold Negligent Nursing Homes Accountable

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Practice Areas

  • New York Bedsores and Pressure Ulcers Lawyer
  • New York Nursing Home Neglect Lawyers
  • New York Nursing Home Dehydration Lawyer
  • New York Nursing Home Falls Lawyer

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