Abusing a nursing home resident may seem unthinkable. However, these despicable acts take place all too often in New York nursing homes. Nursing home abuse takes many forms, all of which are illegal and may result in legal action.
If your loved one is suffering from elder abuse, be it physical abuse, emotional abuse, financial abuse, or sexual abuse, you likely need help from highly skilled professionals who will watch out for your best interests. A nursing home abuse attorney like those at our law firm can handle the delicate legal aspects of your case so you can get the abuse victim to safety and help them recover from this traumatizing event.
The nursing home should be a place of safety, positivity, and peace. When nursing homes allow abuse to go on, they should be held liable for the pain they cause the victim and their family members. Don’t wait a moment longer to protect your loved one from devastating physical abuse in a nursing home. Call our law firm today.
We offer a free consultation so you can get answers to your questions and understand what to expect during the legal process. We provide compassionate service that matches our clients’ needs and goals, so you can rest assured that you are in excellent hands when you hire our nursing home abuse lawyers. Call Andreozzi + Foote right away at 866-311-8640 to schedule your free case evaluation.
What Are New York Laws Regarding Sexual Abuse in Nursing Homes?
New York laws provide stringent guidelines for how nursing home residents are to be treated. For example, physical restraint is prohibited unless strictly necessary because of a patient’s condition, and then it should be used cautiously, allowing changes in position and blood flow.
Additionally, nursing home facilities may not permit any form of abuse, be it verbal, emotional, sexual, or physical. The nursing home must also not employ anyone with a history of abusive behavior or neglect. With these specific laws in place, loved ones of nursing home residents who have been abused may have legal recourse if the facility is guilty of nursing home abuse or neglect.
If you suspect your loved one’s assisted care facility is allowing abuse, you could bring a nursing home abuse lawsuit against the organization and hold them responsible for the damage they’ve caused. Taking legal action can be beneficial because it compensates your family and loved one for the pain, medical care, lost time at work, and other damages incurred because of the abuse. You may also be able to prevent future victims from being harmed by causing the company to change its staff, policies, and other aspects of running the nursing home.
When you are ready to learn more about taking legal action because you suspect nursing home abuse, call our law firm. We will listen carefully to your story and help you understand your legal options.
Why Is Sexual Abuse in Nursing Homes Underreported?
Sexual abuse is not commonly reported in New York nursing homes. However, these low numbers are possible because victims are less likely to report sexual assault that occurs at a New York nursing home. Unlike nursing home negligence, which has visible signs and is more noticeable, sexual abuse is more challenging to detect. Family members should understand the signs and symptoms of this type of abuse so they can identify loved ones who are being abused.
Another reason sexual assault goes unreported is because many victims worry about the stigma associated with these crimes. Like any rape victim, elderly individuals may fear the repercussions of others knowing they were assaulted. However, it is essential to report sexual crimes so future victims can be spared the horror of going through New York nursing home abuse.
Finally, many nursing home residents don’t report the abuse because they can’t. Sadly, some employees and family members take advantage of older people in nursing home facilities because they lack communication skills and can’t speak up about the assault. This is why it is so vital for loved ones to pay close attention to signs of abuse that might be occurring.
What Are the Main Types of Nursing Home Abuse/Neglect?
Some forms of abuse/neglect that typically occur in a New York nursing home are:
- Nursing home neglect – Neglect gets a lot of attention in the news because these crimes are horrendous and are easily reported. Neglect often involves food and water deprivation, leading to malnutrition or dehydration. It may also involve medication errors, such as giving the wrong medication or the wrong dose
- Verbal abuse – Nursing home residents suffering from verbal abuse may hear repeated insults, name-calling, bullying, discrimination, and other controlling speech
- Physical abuse – Staff members who engage in physical abuse often do so because they are frustrated or tired. However, this abuse is illegal and could result in legal action. Physical abuse could mean hitting, shoving, kicking, slapping, punching, or pinching. Some signs of physical abuse include becoming withdrawn and having unexplained bruises or other injuries
- Sexual abuse – Sadly, some abusers take advantage of the vulnerable assisted living facility residents and abuse them sexually. This may include unwanted sexual contact, groping, rape, forced nudity, and kissing. Please reach out to a trusted nursing home abuse lawyer right away for help recovering financial compensation for the pain caused by a sexual abuse situation
- Financial abuse – Another form of elder abuse occurs when someone with access to the person’s wealth steals or misappropriates funds. The at-fault party could be a housekeeper, staff member, or family member. Someone with power of attorney who uses the person’s money for their personal needs may also be guilty of financial abuse
What Are Some Signs of Nursing Home Neglect?
Nursing home neglect may not involve violent acts against a resident, but the results can be just as damaging. Individuals suffering from nursing home neglect may experience illness, mental health issues, and death. Loved ones who recognize the signs of nursing home negligence can act early enough to prevent the worst possible outcomes.
Some signs that your New York nursing home could be guilty of neglect include:
- Unexplained weight loss
- Waiting too long to call a doctor when the person is sick
- Dirty living conditions
- Presence of pests, such as lice or fleas
- Bed sores that are left untreated
Letting someone go too long without nutrition or medical care can cost them their lives in some cases. Please act quickly to protect your loved one from a negligent New York City nursing home. Call a nursing home abuse lawyer for help proving that negligence is occurring and to recover damages.
How Can Loved Ones Identify Nursing Home Sexual Abuse?
Sexual abuse can be more difficult to detect than neglect. Family members should pay close attention to changes in the person’s mood and physical appearance to ensure they are not suffering from sexual abuse at their nursing home. You may visit the person at various times to observe them with various staff members, including during the day, in the evening, and on weekends. If you are not permitted to be alone with the person, this could be a red flag that something might be wrong.
Some symptoms that indicate an assisted living facility resident might be sexually abused are:
- Abrupt, unexplained mood changes
- Persistent negative interactions with particular staff members
- Bruises on the thighs and genitals
- Rectal or vaginal bleeding
- Panic attacks
- Sudden, unexplained depression or anxiety
- Social withdrawal
- Unexplained difficulty walking or sitting
- New sexually transmitted infections
- Torn, stained, or bloody clothing or sheets
Nursing home abuse cases can be complicated because the victim may not be able to describe what is happening. Many times, we rely on family members who observe the signs of sexual abuse to report and act on the assault that is occurring.
If you think your loved one is being abused in a nursing home, please call the authorities right away. You should also consider consulting with a nursing home abuse attorney for help developing a strong case against the at-fault party.
What Injuries Do Nursing Home Residents Suffer as a Result of Sexual Abuse?
Nursing home abuse, especially sexual abuse, can result in severe trauma that affects the person physically and emotionally. Many victims are in frail condition to begin with, making these assaults especially devastating. In worst cases, the victim may lose their life because of sexual assault in a nursing home.
Some physical injuries that could arise from nursing home abuse include broken bones, lacerations, sexually transmitted diseases, scratches, and bruises. In cases of neglect, the person could suffer from malnutrition, dehydration, or harm from incorrect medications. The emotional effects of abuse can also not be ignored. Abuse victims often experience mood disorders such as depression, anxiety, and post-traumatic stress disorder. They may become socially withdrawn and fail to enjoy a healthy relationship with those around them.
To protect your loved one from the injuries associated with sexual abuse, please be observant about unexplained changes in their mood or health. You can also question administrators about suspicious staff members or visitors. Finally, you can collect financial compensation for injuries by consulting with a nursing home abuse attorney like those at Andreozzi + Foote.
What Should I Do if I Suspect Abuse at My Loved One’s Nursing Home Facility?
If you suspect that your loved one is being abused at a nursing home facility, you should not delay in taking action. Talk to the individual about your suspicions and ask questions about how the facility is run. You should also bring up your concerns with facility administrators as soon as possible to get your loved one to safety and stop the abuse from happening.
You can also take action by documenting evidence, such as taking photos and gathering eyewitness testimony from other residents. You might consider moving your loved one to a different nursing home for their own safety. In the meantime, you should contact the authorities and file a report about the abuse going on at the current nursing home.
Finally, it would be best if you protected yourself legally by talking to a New York nursing home abuse lawyer. Your lawyer can help you gather evidence, prepare a strong case, and defend your rights against the offending institution. At our law firm, you can get a free consultation where we’ll answer your questions and help you understand what to expect during the legal process. Call right away to get started.
Who Is Typically Guilty of Abuse in New York Nursing Homes?
Perpetrators in nursing home abuse cases can be a variety of individuals, such as:
- Other resident – Other residents at assisted living facilities may be guilty of abuse. These individuals have great access to vulnerable residents who cannot communicate consent or fight off unwanted advances
- Staff member – A nursing facility staff member is another suspect for perpetrating abuse. These individuals, along with other medical professionals, could take advantage of their position of power to illicit sexual favors against the person’s will
- Facility administrator – Facility administrators have the duty of hiring trustworthy staff members and providing proper training. If administrators hire someone with a history of abuse or fail to stop recurring sexual abuse, they could be liable for damages
- Family member – A family member is another possible abuser in an elderly abuse case. However, the nursing home should take steps to protect their patients and be aware of symptoms of sexual assault
How Long Do I Have to Report Nursing Home Abuse in New York?
According to New York law, a nursing facility must provide safe premises and adequate care for its residents. Violations of these laws can lead to personal injury cases, many of which are filed by concerned family members and loved ones who notice recurrent symptoms of abuse.
However, nursing facility residents and their loved ones have a limited amount of time in which to report elderly abuse. New York’s statute of limitations requires nursing home abuse cases to be reported within three years of the incident. In certain cases, such as when the person resides at a government-owned facility, they may have even less time to report the abuse.
If you believe your loved one is suffering from nursing home abuse or neglect, please get in touch with a nursing home abuse lawyer right away. They can help by reviewing medical records, gathering evidence, and providing legal representation to get you the justice you’re seeking.
What Compensation Am I Entitled to in a Successful Nursing Home Abuse Case?
Sexual abuse that occurs in a New York nursing home can cause many severe injuries. Some of these are wounds that heal over time. Others are emotionally damaging and may have an even lengthier recovery. In the worst cases, the victim passes away because of the injuries caused by the abuse. Victims and their family members may recover monetary damages in a successful New York nursing home abuse lawsuit.
Some examples of items that could be covered in a successful abuse claim include:
- Past and future medical expenses
- Hospital stays
- Emergency transportation charges
- Rehabilitation, including physical therapy and chiropractic care
- Home renovations to accommodate a related injury
- Emotional pain and suffering
- Mood disorders, such as depression, anxiety, and PTSD
- Time missed at work for family members caring for the individual
- Catastrophic injuries
- Wrongful death
- Funeral and burial expenses (within reason)
- Punitive damages
Don’t rely on the insurance company to pay the expenses that arise from a New York nursing home sexual abuse case. Your loved one deserves to see justice served against the person or organization that harmed them. Taking legal action can also stop the abuse so more people aren’t hurt by the at-fault party. Call our legal team immediately to talk about what you can do to seek justice and get financial compensation for damages.
Do I Need a Nursing Home Abuse Lawyer to Win?
Hiring a nursing home abuse attorney like those at our law firm can help your case in many ways. You will benefit from the experience and knowledge of lawyers who have dealt with these cases countless times over the years. Your lawyer can advise you on your legal options and help you decide how to move forward. Then, during the legal process, they can construct a solid case that gives you the best chance of achieving the results you’re looking for.
Another benefit to hiring nursing home abuse attorneys is getting the emotional support you and your family require at this difficult time. Not only will your law firm handle the complex legal aspects of your case, but they will be there to listen to you when you have questions or just need to talk.
Please rely on our legal team for help when you or your loved one has suffered physical harm because of a sexual predator in a nursing home. We have helped many clients obtain justice and compensation for the harm caused by negligent organizations like New York nursing homes. Call today to schedule your free consultation.
Why Is Andreozzi + Foote the Ideal Sexual Abuse Law Firm?
You can trust our law firm with the most complex cases because we have a deep understanding of New York law and care about our clients. Over the years, we have dealt solely with sexual abuse cases to hone our skills and offer the best services possible for our clients. We recognize the unique suffering that abuse survivors experience, and we work tirelessly to get victims the dignity, justice, and compensation they deserve.
Aside from our dedicated legal service, we are renowned for the compassion and attention we offer survivors and their families. We recognize that no two cases are alike, so we take the time to understand where each client is coming from. We also listen carefully to our clients so we know their idea of a successful outcome. We will answer your questions and concerns in terms that are easy to understand so you can be a full participant in the decision-making process.
What Approach Do Your Nursing Home Abuse Lawyers Use?
Our law firm uses an individualized approach to give our clients the best possible care and chance of positive outcomes. We believe that our proven record of success stems from deeply caring about each client. At Andreozzi + Foote, you are not just another case number. You are a unique individual who deserves respect and justice.
We listen carefully to understand your expectations and goals, then develop a strategy that gives you the best chance of meeting them. We offer a space of safety and respect as we provide excellent legal representation for complex personal injury issues.
Should You Hire Our New York Nursing Home Sexual Abuse Lawyer?
If you or your loved one is a sexual abuse survivor, or if you lost a loved one in an injury relating to nursing home abuse, you have our condolences. We understand that no amount of money can undo the anguish of your injuries or bring your deceased family member back. However, we also believe that seeking justice can provide peace and closure following such a traumatic experience.
When you hire our law firm, we will fight fearlessly to stop the abuse and hold those responsible accountable for the damage they’ve caused. You can trust our team of nursing home abuse attorneys to pursue the compensation you need to recover and get back to your everyday life.
At Andreozzi + Foote, we charge on a contingency fee basis, so you don’t owe us any money unless we win. Call 866-311-8640 today to speak with our caring, capable legal team and schedule your free consultation.