When your loved one moves into a nursing home or assisted living facility, you want to trust that he or she will be well taken care of and treated with kindness. There are federal and state regulations in place to ensure that nursing home facilitators provide all residents with a certain standard of care. Unfortunately, standard procedures may not be followed due to overworked staff, lack of training, inadequate funding, and other factors.
If you discover that your family member is suffering from nursing home abuse or neglect, it is important to seek legal counsel as soon as possible. The personal injury lawyers at Cellino Law have extensive experience litigating and negotiating nursing home abuse and neglect cases in NYC and throughout New York State. Our hard-working attorneys fight diligently for victims of nursing home abuse, determined to make a difference in our clients’ lives.
If you suspect that your elderly or disabled loved one has been harmed while under the care of a New York nursing facility, we strongly encourage you to reach out to a member of our legal team today. The nursing home abuse attorneys at our law firm offer free case evaluations. Call us 24/7 or fill out the online evaluation form today to schedule an appointment.
What Classifies as Nursing Home Abuse?
New York nursing home staff are obligated to ensure all residents under their care are healthy and safe. Failure to do so results in elder abuse and neglect, of which there are five categories.
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Physical abuse
It’s difficult to believe that NYC nursing home staff could physically assault seniors who are under their care. Unfortunately, it happens all too often and victims of physical nursing home abuse are left with not only bodily injuries but also emotional pain and suffering.
Physical abuse occurs in nursing homes and assisted living facilities when staff use intentional, inappropriate force on a resident. This may include:
- Hitting
- Slapping
- Pushing or shoving
- Pinching
- Inappropriate use of restraints
- Overmedicating
Knowing what to look for is vital to protecting your loved one from experiencing ongoing physical abuse. If you notice any of the following signs, don’t hesitate to call the authorities and ensure your loved one receives medical attention.
Signs of elder abuse:
- Broken bones
- Dislocated joints
- Unexplained bruising, cuts, or other injuries
- Broken glasses or hearing aids
- Marks on wrists from restraints
- Improper distribution of medication
- Resident changes behavior in front of certain caregivers
- Caregivers refuse to let you see the resident
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Emotional abuse
Emotional abuse, also referred to as psychological abuse, occurs when one person causes emotional trauma to the other through non-physical means. How can this happen?
New York, NY, nursing home residents rely on caregivers to provide them with their basic needs such as food, water, hygiene, medications, and social interaction. A resident who feels intimidated may be afraid to bring up his or her needs, and the situation can quickly spiral into one of abuse and neglect.
Emotional elder abuse can take many forms and may include:
- Shaming or humiliating
- Name-calling
- Isolating them from friends and family
- Ridiculing
- Moving or hiding objects they need
- Blaming or accusing
- Threatening with physical abuse
- Ignoring requests or concerns
The sad reality is if you don’t advocate for your loved ones in nursing homes, it’s likely that no one else will. For this reason, it’s important that family members and friends of the resident recognize the signs of emotional nursing home abuse.
Be alert to the following warning signs of emotional abuse, when your loved one:
- Becomes withdrawn, angry, or depressed
- Loses interest in favorite activities
- Is afraid of a certain caretaker
- Changes eating or sleeping schedule
- Starts demonstrating soothing behaviors such as rocking back and forth or sucking the thumb
- Has low self-esteem
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Financial abuse
Financial abuse is the improper or illegal use of a senior’s property, funds, or assets. Elderly NYC nursing home residents with dementia or other cognitive difficulties are often more at risk for falling prey to financial exploitation.
Examples of financial abuse include:
- Stealing or misusing money or possessions
- Cashing a resident’s check
- Forging a signature
- Coercing a senior into changing a will or power of attorney
- Using a resident’s bank accounts or credit cards
- Opening lines of credit in a senior’s name
Financial abuse is a widespread problem in New York City nursing home facilities and can be difficult to detect. Family members should be alert to any suspicious activity involving cash, bank accounts, property, credit cards, or documents.
The following could be signs that your loved one is a victim of nursing home financial abuse:
- Complaints of theft of possessions or money
- Unpaid expenses
- Fear or anxiety when talking about money
- Unusual change in spending behavior
- Unexplained loans
- Giving expensive gifts to staff or visitors
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Sexual abuse
Sexual abuse is one of the most devastating types of reported abuse. It’s unbelievable to think that a person could abuse vulnerable New York City nursing home residents in this way. Cases of sexual abuse in nursing homes can result in residents facing physical, mental, and emotional trauma.
Victims of sexual abuse in NYC nursing homes or assisted living facilities may be afraid or unable to communicate what is happening to them. They may be threatened that food, water, medication, or other necessities will be withheld from them if they speak out.
Sexual abuse of nursing home residents could include:
- Sexual harassment
- Sexual assault or battery
- Unwanted touching
- Sexual explicit photography of the resident
The following could be warning signs that your family member is being sexually abused:
- Sudden unexplained changes in personality or behavior
- Unexplained bruises, scars, or welts
- Bleeding from vagina or anus
- Torn clothing
- Stained or bloody underwear
- Recurring urinary tract infections in females
If you suspect that your loved one has been a victim of sexual abuse in one of the nursing homes in New York City, contact an attorney with our law firm today. We can help you report the abuse to the proper authorities, identify all liable parties, and pursue justice for your loved one.
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Neglect
Nursing home neglect occurs when caretakers – either intentionally or unintentionally – fail to provide a senior with the necessary services that prevent pain or harm. Often, New York City nursing home negligence is a result of understaffed facilities and overworked staff members. Even if it is unintentional, there is no excuse for nursing home neglect.
The following could be visible signs of nursing home negligence:
- Malnutrition or dehydration
- Improperly administering of medications
- Misdiagnosis or failure to diagnosis
- Restraint injuries
- Behavioral changes
- Unsanitary conditions
- Incorrect body position
- Infections
- Rapid weight changes
- Falls or fractures
- Bedsores or pressure sores
Any signs of neglect should be immediately reported to the New York City, NY, nursing home administrator. Depending on the circumstances, you may also want to report the negligent nursing home to the New York Department of Health.
A personal injury lawyer from our law firm can help you file a claim or lawsuit against all parties responsible for nursing home abuse. Call our law office today or fill out the online form to schedule a free case consultation with any one of our skilled nursing home abuse lawyers.
What Are the Reasons For Nursing Home Falls in Manhattan, NYC?
Each year, millions of nursing home residents are injured in falling accidents. The majority of falls in long-term care facilities and nursing homes are preventable and avoidable. A well-run Manhattan nursing home that is adequately staffed should be able to keep most falls from occurring with proper attention and care.
Most of the time, New York nursing home falls are the result of negligence. The following are some of the most common things that can lead to a fall:
- Improper transfers: Many falls occur in nursing homes when a resident is transferred from bed to a wheelchair, walker, toilet, or shower. The caregiver may not have the physical strength to make the transfer or perhaps has not been properly trained to lift patients.
- Unattended residents: If a facility is understaffed, a resident may get tired of waiting for help and try to stand or move without assistance.
- Slip-and-fall hazards: The elderly usually have diminished eyesight and slower reflexes that make them more susceptible to trip-and-fall hazards. NYC nursing home caregivers must ensure all walkways in the facility are clear and should quickly clean up any spills or slick spots on the floor.
- Prescription drugs: There are various medications that can make a person feel dizzy, light-headed, off-balance, or weak. This can result in a fall if that person tries to move without assistance. Sadly, some caregivers purposely overmedicate to make residents easy to manage.
The sad reality is that negligence is the cause of many NYC nursing home falls. The personal injury attorneys at Cellino Law work to assist residents and their families when nursing home neglect leads to harm. Contact our law firm to schedule a free consultation.
How Can a New York Nursing Home Fall Be Prevented?
New York, NY, nursing home residents who fall sustain injuries that may result in permanent disability and reduced quality of life. The number of falls that occur in assisted living facilities could be greatly reduced if all nursing home staff were trained on how to properly implement fall prevention techniques.
Consider the following steps to reduce the number of falls in nursing homes:
- Recognize the desire to get up or move. When a person is in one position for an extended period of time, he or she may experience discomfort or pain. Caregivers need to be attentive to immobile residents and keep them comfortable so that they won’t try to move on their own.
- Keep pathways clear of hazards. All walkways should be kept clear of environmental hazards such as slippery floors, poor lighting, debris in walkways.
- Encourage exercise programs. Daily exercise can improve an elderly person’s balance, endurance, and strength.
- Offer proper walking equipment. The right equipment should always be available to those who need help walking. This might include canes, walkers, or rubber-soled athletic shoes.
Contact a New York Nursing Home Abuse Lawyer Today
If you or your loved one has been a victim of abuse in a nursing care facility in Manhattan or anywhere in the State of New York, contact a nursing home abuse lawyer from Cellino Law today. The attorneys at our law firm can help you report abuse or neglect to the New York State authorities and independently investigate your claim. When you file a claim or lawsuit, you can not only recover damages for your losses, but you can also help put an end to dangerous negligence.
The nursing home abuse attorneys at our law firm have the extensive experience and resources needed to negotiate difficult settlements and win complex lawsuits for nursing home abuse and neglect. When you choose the attorneys at our law firm to represent you and your loved one, you’re working with trustworthy legal professionals who know how to handle personal injury litigation the right way.
We at Cellino Law believe that everyone is entitled to skilled legal representation in the case of nursing home abuse, regardless of their current financial situation. Our attorneys charge no fees unless a recovery is obtained. Call us 24 hours a day, 7 days a week, or fill out the online evaluation form to schedule a free consultation with our Manhattan personal injury lawyers for your case.