New York City Nursing Home Abuse and Neglect Attorneys

New York City Nursing Home Abuse and Neglect Lawyers

Do you believe an elderly loved one has been harmed by the people who are supposed to protect him or her? Unfortunately, this happens more often than you might think in nursing homes. Recent studies have called mistreatment in New York City nursing homes “highly prevalent,” with more than 1 in 5 nursing home residents suffering some form of abuse or neglect.

Our compassionate New York City nursing home abuse attorneys have more than 20 years of experience successfully taking on deep-pocketed nursing home facilities after abuse has been discovered. Clients have come to trust Zlotolow & Associates because:

  • We will take immediate action to put a stop to mistreatment and get medical care for any injured nursing home resident(s).
  • Our attorneys will aggressively investigate allegations of nursing home abuse or neglect.
  • We have the resources and the will to stand up to corporate owners of NYC nursing homes.
  • Our team will fight fiercely for the compensation and justice your loved one and your family deserve.

Contact Zlotolow & Associates today to schedule a free consultation about your legal options, and learn how we can help you protect your loved one from suffering any further harm.

How to Report Suspected Nursing Home Abuse in New York City

When a nursing home is operated more like a business than a care facility, residents can suffer injury from abuse and neglect. It is important to recognize signs of mistreatment and to report it to authorities.

If you think a resident of a nursing home or another long-term care facility in New York City is being abused or neglected, you should:

  1. For a resident in immediate danger, either take the person from the home to get help, or call 911. If the resident cannot or does not need to leave the home promptly, make arrangements for you or others you trust to spend more time with the resident as the treatment is investigated.
  2. Advise a manager of the facility about your reasons for concern about a resident’s condition. Follow up your discussion with a written report. Ask for a response in writing. Be wary of quick assurances or excuses.
  3. Save any correspondence with the nursing home’s management, and make additional notes about the resident’s condition and what you think may have happened.
  4. Contact our NYC nursing home abuse attorneys right away. We can help you make a formal complaint to the New York State Department of Health, Division of Nursing Home and ICF/IID Surveillance, if you have not already done so. That agency is responsible for investigating complaints about resident abuse, neglect, mistreatment, and other incidents occurring in nursing homes in New York state that are related to violations of state and/or federal regulations.

We will also initiate our own independent investigation of your loved one’s condition and treatment. In most cases, we can work much faster than overburdened state personnel and can obtain immediate assistance for a nursing home resident who may need medical care or other assistance.

In addition, if our investigation finds evidence of abuse or neglect, we will demand compensation for all medical costs, personal property damage, pain, suffering, and financial losses, including the cost of moving a to a new long-term care facility, if that is necessary.

Schedule a free consultation with our nursing home neglect attorneys today to discuss your concerns, and learn how we can help.

TALK TO US FOR FREE (212) 991-9750

Recognize What Nursing Home Abuse and Neglect Look Like

The elderly and infirm are highly susceptible to mistreatment that can quickly lead to serious illness, injury, or death. A nursing home resident’s complaint of neglect or abuse should never be ignored.

However, a nursing home resident may fear worse treatment if he or she complains. And in some cases, elderly and infirm adults are unable to communicate effectively.

Being able to recognize and understand signs of abuse and neglect could help to save a nursing home resident’s life. The most common types of nursing home abuse and neglect are:

  • Physical Abuse: The intentional use of force for any nonmedical reason that results in bodily injury, pain, or impairment, including but not limited to being slapped, punched, kicked, pushed, pulled, burned, cut, or improperly restrained. Look for bandages, bruising or bleeding, and/or ligature marks on wrists, ankles, or chest.
  • Sexual Abuse: Non-consensual sexual contact of any kind, including but not limited to forced sexual contact (including molestation and rape), forced sex with a third party, forcing a person to watch sexual behavior (including pornography), or exposing oneself to an unwilling resident. Forcing a person to disrobe or covertly watching a person disrobe for purposes of titillation or humiliation is also sexual abuse. A person who cannot understand or communicate because of dementia or another disability cannot legally consent to any form of sexual contact. Look for bruising around the genitals or breasts; torn, stained, or bloody undergarments or bedding; genital infections or venereal disease; emotional withdrawal; or anxiety in the presence of certain individuals.
  • Emotional Abuse: Willful infliction of mental or emotional anguish by threat, humiliation, intimidation, or other abusive conduct, including criticizing, scolding, falsely blaming, or otherwise harassing a resident. Leaving the resident out of group activities he or she would like to participate in or otherwise isolating a resident is also emotional or psychological abuse. Look for anxiety around other residents or staff members, withdrawal, depression, decline in personal hygiene, reversion to infantile or other strange behavior, or broken personal items, such as eyeglasses, hearing aids, bedside clocks, radios, TV, etc.
  • Financial Exploitation: Improper use of a nursing home resident’s funds, property, or resources by another individual, including but not limited to fraud, gain by false pretense, embezzlement, conspiracy, forgery, falsifying records, coerced property transfers, or denial of access to assets. Unfairly persuading a nursing home resident to change his or her will or beneficiary designations on insurance policies or other financial accounts is also financial exploitation. Look for changes in financial accounts.
  • Neglect: Active neglect is willful failure by nursing home staff to fulfill its care-taking function and responsibilities, such as by withholding food, water, heat and air-conditioning, clean clothing and bedding, eyeglasses, dentures, or health-related services, or allowing elopement from the facility or a protected ward. Passive neglect is nonwillful failure as described due to inadequate knowledge or not valuing such services. Look for weight loss, sudden decline in physical and/or cognitive health, or lack of clean clothing, bedding, or other necessary items.

Bed sores, which are painful and potentially deadly open flesh wounds caused by remaining in one position for too long, are a sign of neglect. Anyone who moves to a nursing home without bed sores should never develop one. Nursing home staff should follow established protocols for regularly turning or assisting residents who are confined to beds or wheelchairs due to mobility or cognitive issues.

A Cornell University study found that abuse by fellow residents of nursing homes is a growing problem and often the primary cause of abuse in a home. Resident-to-resident mistreatment includes acts of verbal or physical abuse, inappropriate sexual behavior, or invasion of privacy, among other incidents.

Many cases of nursing home abuse and neglect result from poorly trained staff or a lack of staffing and funding. However, the worst cases occur when staff members purposely harm residents who are unable to defend themselves. Regardless of the cause, allowing or perpetrating the abuse or neglect of a nursing home resident is an actionable offense under criminal and civil law in New York. If you suspect abuse or neglect of a nursing home resident, you need to take action.

Frequently Asked Questions

How long will my case take?

The amount of time it takes to resolve your case will depend on multiple factors. First, it is important that you take the time you need to heal. Once you reach maximum medical improvement, we will be able to estimate the extent of your damages. Second, you are the one who decides when you want to settle or go to court. Our attorneys will present you with every settlement offer and explain whether we feel you are owed more. We will negotiate aggressively and be prepared to take your claim before a judge and jury, if necessary. But a lawsuit does take time, and it is ultimately your decision on how you want to proceed.

What will my lawyer handle for me?

Our full-service personal injury law firm will handle all aspects of your claim, including communicating with the insurance company, filing your property damage claim, and keeping track of your medical records. We will also launch our own investigation into the cause of your accident to identify every possible source of compensation. And we will bring in medical experts and financial professionals to help evaluate your claim and determine what full and fair compensation should be.

What will I have to do for my personal injury case?

You need to stay focused on your health. Make sure you follow your doctor’s orders and make it to all your appointments. Start a journal to document how your injury is affecting your everyday life, both physically and emotionally. And protect your privacy by taking a break from social media and not talking about your case.

Contact Our NYC Nursing Home Abuse and Neglect Lawyers Today

Don’t hesitate to take action if you suspect that a person is being subjected to abuse or neglect in a New York City nursing home. Contact the experienced nursing home abuse attorneys at Zlotolow & Associates today.

We can provide a free, no-obligation initial consultation, and we will not charge anything to get started on your case. Instead, we only collect attorney fees if and when we recover money in your case.

TALK TO US FOR FREE (212) 991-9750