Why Families Trust Our NYC Nursing Home Abuse Lawyers
Nursing home facilities are often operated by large corporations with powerful insurance teams and vast resources to fight abuse and neglect claims. Our firm is prepared to match these efforts and advocate for your loved one with relentless NYC grit.
A Legacy of Results
We’ve been protecting the rights of people injured due to others’ negligence since 1967. With billions of dollars recovered in verdicts and settlements, we have a legacy of securing meaningful results for our clients. Our nursing home abuse attorneys take a litigation-forward approach, which means we’re always prepared to go to trial and never settle for less than we know a case is worth.
Human-Centric Representation
When you choose us to represent you, we’ll investigate the care failures that caused your loved one harm and pursue maximum compensation while you focus on your family. We’ll stay in close contact every step of the way, maintaining open and honest dialogue so you always know where your case stands.
Accessible Advocacy
We’re here to help New Yorkers of all walks of life. Our attorneys provide multilingual representation with resources in Spanish, French, Russian, Korean, and other languages. This allows you to make informed decisions without language barriers.
No Fee Unless We Win
We understand money can be tight when a loved one is receiving nursing home care. Thanks to our contingency fee arrangement, you pay nothing out of pocket for our services. Our fee is a percentage of the compensation we recover for you, and we only get paid if we win.
New York Nursing Home Negligence Laws
You may be eligible to sue a nursing home if your loved one has suffered harm due to intentional abuse or through failures to meet established care standards. Negligence often occurs in cases involving:
- Improper staff training
- Failure to perform background checks before hiring new staff
- Failure to monitor staff appropriately
- Inadequate security
- Equipment malfunctions due to improper maintenance
- Medication errors
Many cases also involve violations of federal nursing home regulations. One such regulation is 42 CFR sec. 483.25 (d). This law requires facilities to keep residents’ environments reasonably free of accident hazards and provide adequate supervision and assistive devices to prevent accidents. Section 2801-d of the New York Public Health Law also protects nursing home residents by allowing them to sue a nursing home that causes harm by depriving them of a “right or benefit.”
We Have Your Back
Founded in 1967, The Sanders Law Firm has grown into a large, thriving organization of attorneys, paralegals, medical consultants, and support staff – all committed to providing the highest level of legal representation to injured New Yorkers.
How Common Is Nursing Home Neglect?
More than 11% of older people worldwide experience nursing home neglect in institutional care settings. This means that at any given time, millions of vulnerable individuals may be living in conditions that fall short of basic care standards. In New York, this type of mistreatment often occurs in understaffed nursing homes, overcrowded long-term care facilities, and other facilities prioritizing cost-cutting over people.
While local data is sparse, specific metrics can provide an idea of the level of care that residents in New York nursing homes are receiving. Data from the Center for Medicare and Medicaid Services suggests that 10% of New York City’s nursing home residents develop pressure ulcers. These injuries are often preventable and frequently signal inattentive care.
When in Doubt, Get Trusted Legal Help
If you suspect a loved one has been harmed in a care facility, it’s important to take your concerns seriously and contact our Manhattan nursing home abuse lawyers. Early action can make a meaningful difference in protecting their safety and preserving evidence of what happened.
The statute of limitations restricts how long you have to take legal action. In most cases, you have three years from the injury or negligent act, though the deadline can vary depending on the claim, defendant, and facts. If your loved one passed away because of the mistreatment, a personal representative of the estate has two years from the date of death to file a wrongful death lawsuit. If you miss your case’s filing deadline, you may lose your right to seek accountability.
Common Types of Damages Awarded in New York Nursing Home Abuse Claims
If you or a loved one has suffered harm in a nursing home, you may have the right to pursue compensation for any losses related to the abuse. These are typically divided into two categories of damages: economic and non-economic. Additional types of damages may also apply in certain cases.
Economic Damages
Economic damages cover the financial losses tied to the neglect, including past and future medical expenses for any treatment related to the resulting injuries. This category may also include the cost of relocating your loved one to a safer facility.
Non-Economic Damages
Non-economic damages reflect the human impact of nursing home neglect, such as pain and suffering for the physical discomfort caused by bed sores, untreated medical issues, or other injuries. Many victims also recover compensation for emotional distress and loss of enjoyment of life.
Punitive Damages
Punitive damages are not meant to compensate for specific losses. Instead, courts award them to punish particularly reckless or intentional misconduct. While less common, they may apply in nursing home cases involving extreme neglect or abuse, such as withholding food or water from a resident or knowingly ignoring a life-threatening condition.
Wrongful Death Damages
In some cases, nursing home neglect leads to a resident’s preventable death. When this happens, surviving family members may have the right to pursue a wrongful death lawsuit. New York typically limits these damages to economic losses, such as funeral expenses and loss of financial support.
Signs of Abuse in New York City Nursing Homes
Elder abuse victims are often unwilling or unable to discuss mistreatment, leaving many cases unreported. As a result, the responsibility of detecting nursing facility abuse primarily falls on residents’ family members.
There are many potential warning signs of nursing home neglect and abuse. If you have a loved one receiving nursing home care, it’s important to recognize these common signs of mistreatment:
- Neglect: Malnutrition, dehydration, poor hygiene, sudden weight loss, and bed sores
- Physical abuse: Unexplained injuries, rope marks on the ankles or wrists, broken eyeglasses, and dental problems
- Emotional abuse: Mood or behavior changes, rocking back and forth, depression, emotional outbursts, reclusiveness, and refusal to eat or take medication
- Sexual abuse: Inexplicable infections or bleeding and torn underclothing
- Financial abuse: Withdrawals from accounts, missing cash or belongings, unpaid bills, and unnecessary purchases
Signs of Abuse by a Caregiver
Not only should you be aware of signs of abuse exhibited by family members, but you should also take note of the caregiver’s behavior.
Caregivers with a history of mental illness or instability or substance abuse issues may have a higher risk of committing elder abuse. Some behaviors to watch for may include the caregiver not allowing your loved one to have visitors or speak to family or friends, a general lack of affection or indifference towards the elderly, or an unwillingness to leave the elder adult alone with others.
Always remember that elder abuse can be difficult to detect, and is sometimes subtle. Take any concerns seriously and act immediately. Nursing home abuse claims must be accompanied by evidence and proof. You should consider engaging a nursing home abuse lawyer early in the process.
How To Protect Your Loved One When Choosing a New York City Care Facility
Choosing a nursing home facility for a loved one is not an easy decision. While no placement is risk-free, there are practical steps you can take to better evaluate your options:
- Talk to residents and their families about their experience with the nursing facility. Observe current residents’ behavior and general well-being.
- Speak with care providers, observe how they interact with residents and colleagues, and confirm that the facility screens out staff with prior findings of abuse or neglect.
- Observe living spaces for odors, cleanliness, appropriate temperature and lighting, and quality of furnishings. Look for clearly marked exits, smoke detectors and sprinklers, wheelchair accessibility, handrails, and other safety features.
- Avoid restricted access facilities.
- Evaluate the activity offerings, including availability of outdoor spaces, activities for residents unable to leave their rooms, and volunteer programs.
- Read contracts carefully before signing, paying particular attention to binding arbitration clauses.
- Compare facilities by reviewing health inspection reports from the U.S. Centers for Medicare & Medicaid Services.
We’re Here To Help If You Suspect Nursing Home Neglect
You deserve clear answers and hands-on guidance when you suspect your loved one has experienced nursing home neglect. The Sanders Law Firm is here to help you navigate this situation with compassion and confidence.
Contact us online or call (833) SANDERS to schedule your free consultation with our New York City nursing home abuse lawyers today. Our team is ready to listen to your concerns, explain your options, and help you pursue accountability for the care failures that caused your loved one harm.