Nursing home neglect is a preventable tort, or wrongful act, that can have long-lasting effects on vulnerable elderly residents – including serious injuries, permanent disabilities and wrongful death. If a nursing home or one of its staff members fell short of the responsibility of care, it can be held accountable for harm caused to victims.
Abaev Law Firm, PLLC is a premier injury law firm in New York. We are local to Cambria Heights in Queens and fully equipped to handle cases involving neglect, negligence, elder abuse, dangerous premises and other issues in nursing homes, hospice centers and long-term living facilities. Contact us today for a free consultation with our Cambria Heights injury lawyer.
Why Hire Our Nursing Home Neglect Lawyer in Cambria Heights?
- We are a local New York law firm that is tailored to the needs of Cambria Heights clients. We have the trial experience to go up against any nursing home in Queens.
- Our award-winning litigators have recovered millions of dollars in case results for past clients. We don’t leave money on the table when it comes to harmful elder neglect or abuse.
- Your satisfaction is our top priority. We understand the emotional toll caused by nursing home neglect. You will have direct contact with your attorney throughout your claim.
- Lead Attorney Nissim Abaev has received many awards and accolades, including Super Lawyers, the Million Dollar Advocates Forum and the New York State Academy of Trial Lawyers.
- ALF Law operates on a contingency fee basis. We don’t charge the client anything on nursing home neglect cases in Cambria Heights unless we win.
How Can an Attorney Help?
When you find out that a loved one is suffering from neglect or abuse at a nursing home in New York, contacting a personal injury lawyer for assistance can make all the difference in the legal process. A lawyer will prevent an insurance company from taking advantage of your loved one in a vulnerable time.
You can count on an attorney to thoroughly investigate the facility for signs of general negligence, meaning a failure on the part of the nursing home or its staff members to use the proper amount of care. With the evidence collected, your lawyer can build a strong claim against the Cambria Heights nursing home on your family’s behalf.
Legal representation can improve your odds of success and your overall settlement value. Although most nursing home neglect cases reach settlements, if your case has to go to trial, your attorney can provide aggressive advocacy in court. While a skilled attorney protects your family’s rights and best interests, you can focus on healing and moving forward.
What Is Nursing Home Neglect?
Nursing home neglect describes an elder care facility (or one of its employees or staff members) failing to provide an adequate level of care to its residents. In New York, the law requires nursing homes to uphold certain standards when it comes to ensuring the physical, mental and emotional well-being of residents. Any act or failure to act that falls short of this duty of care is known as neglect, or negligence.
What Does Nursing Home Neglect Look Like?
Nursing home neglect can take many forms. It refers to the failure to meet the basic care needs of an elderly resident, such as a lack of proper food, water, shelter and/or medical care. Examples of nursing home neglect include:
- Delaying medical attention when a resident is in need
- Failing to maintain a safe, hazard-free premises
- Cluttered floors or trip-and-fall hazards
- Failing to properly change, clean and bathe residents
- Improperly treating injuries, illnesses or infections
- Using dirty or unsanitary equipment
- Failing to turn immobile residents regularly to prevent bedsores
- Withholding food or water
- Illegally restraining a resident
- Understaffing (failing to supervise residents)
- A lack of proper staff training
Any form of neglect can threaten the safety, health and well-being of seniors within the facility’s care. Common types of harm suffered by victims include pressure ulcers, infections, sepsis, frequent or unexplained injuries, poor personal hygiene, mental health problems, malnutrition or dehydration, and changes in mood or behavior. Sadly, premature death (wrongful death) is also a possibility.
Legal Remedies for Nursing Home Neglect in Cambria Heights
If a nursing home is guilty of neglecting the care of its residents, it can be held liable (financially responsible). A personal injury or wrongful death claim can be brought against the institution for its own neglect or that of its staff. A successful case can make a victim whole again by providing damages, or financial compensation, for their related losses.
Examples include:
- Current and future medical care
- Treatments, therapies or rehabilitation
- Temporary or permanent disability costs
- Relocation-related expenses
- Pain, suffering, and emotional or mental distress
- Out-of-pocket costs
- Wrongful death damages (in fatal cases)
- Punitive damages, in some cases
You can start building your claim by collecting any available evidence against the Cambria Heights nursing home. This may include copies of incident reports or complaints made to the New York State Department of Health, photos of hazardous conditions, video footage from the nursing home, statements from eyewitnesses, the victim’s medical records, and testimony from relevant experts.
What Is the Statute of Limitations in New York?
Your family shouldn’t wait to seek financial compensation for nursing home neglect in Cambria Heights. A law in New York called the statute of limitations imposes a strict time limit on your right to file a personal injury claim against a nursing home. In general, you have no more than three years from the date of the victim’s injury or the last act of neglect to file.
There are some exceptions, such as a two-year time restriction on a wrongful death claim (from the date of the victim’s death) and two-and-a-half years for a medical malpractice case. Since you can lose the right to hold a nursing home accountable for neglect if you miss your deadline, it’s important to take prompt legal action by contacting an attorney at ALF Law as soon as possible.
Contact Our Local Nursing Home Neglect Attorneys for a Free Case Evaluation
If you or a loved one has suffered injuries or harm due to nursing home neglect in Cambria Heights or anywhere in Queens, contact a local attorney at Abaev Law Firm, PLLC 24/7 for a free evaluation of your case. We proudly serve injured individuals and families throughout New York State, with no fees unless we win. Call (212) 763-7738 today to explore your rights at no cost.