When you trust a nursing home or rehabilitation center with the care of an elderly loved one, you should never have to deal with resident neglect. Unfortunately, facilities in Forest Hills and throughout Queens have been known to provide substandard care to their residents.
At Abaev Law Firm, PLLC, our local nursing home abuse attorneys are passionate about seeking justice on behalf of clients whose loved ones were harmed by nursing home neglect in New York. Contact us today at (212) 763-7738 for a free consultation to learn more.
Why Do Clients Choose ALF Law?
- Our local Forest Hills personal injury lawyers have years of experience in nursing home neglect cases. We understand the ins and outs of this area of New York law.
- Customer service and satisfaction are our top priorities. Our nursing home neglect lawyers in Forest Hills are very accessible and will return your calls within 24 hours.
- We are not afraid to stand up to nursing homes and long-term care facilities in New York, as well as their insurance companies, to go after maximum compensation for our clients.
- You won’t have to pay us anything unless your nursing home neglect case results in financial compensation for your losses. Our trial lawyers work on a contingency fee basis.
How Can Hiring a Nursing Home Neglect Lawyer Help?
When you hire a nursing home neglect lawyer in Forest Hills, you gain a strong advocate who can take care of negotiations with insurance companies and handle other complicated legal tasks for you. Your lawyer can investigate the neglect claim, search for and gather evidence of nursing home negligence, calculate your damages, hire experts, and work hard to prove your case.
While your loved one focuses on physical and emotional recovery, a lawyer will fight for maximum compensation in and out of the courtroom. Although most nursing home neglect cases in New York reach settlements, having an experienced litigator can keep you prepared in the event that your case goes to trial. You can trust an attorney to pursue optimal case results while you concentrate on healing.
What Is Nursing Home Neglect?
Nursing home neglect refers to the failure of the facility to meet all of its responsibilities, legal obligations and duties of care in terms of protecting its residents. Any act or omission by the nursing home or one of its staff members that breaches the duty of care constitutes neglect.
Examples of nursing home neglect include ignoring the needs of a resident, failing to provide proper medical care, withholding necessary services and allowing the nursing home to fall into a dangerous state of disrepair. If a reasonably prudent nursing home would have done something differently and prevented the harm suffered by a resident, the facility is guilty of neglect.
Nursing Home Responsibilities in Forest Hills
Nursing homes in New York have a legal responsibility (duty of care) to meet certain standards when it comes to ensuring resident safety and well-being. They must provide high-quality care that protects the safety, dignity and rights of residents. This includes specific standards that must be met involving:
- Environmental safety and living environment
- Nutrition and hydration
- Physical health care
- Medical needs and treatments
- Autonomy and decision-making
- Emotional and psychosocial well-being
- The prevention of harassment, discrimination and abuse
- The security of personal belongings (property and money)
There are many New York laws in place regarding how nursing homes must treat their residents. The state enforces strict minimum daily staffing requirements, for example, and requires 24/7 nursing care, physician supervision and individualized resident assessments. Furthermore, facilities must maintain safe and comfortable environments.
Warning Signs of Nursing Home Neglect
Nursing home neglect can describe various lapses in providing for a resident’s medical, basic care, emotional and safety needs. Any action or lack of action that falls below the professional standard of care and causes harm to a resident is considered nursing home neglect or malpractice.
Examples include:
- Injuries from falls or elopement
- Lack of proper medical care
- Medication errors
- New or unexplained injuries or loss of mobility
- Bedsores (pressure ulcers) or infections
- Malnutrition or dehydration
- Sudden weight loss
- Poor personal hygiene
- Behavioral changes
- Isolation or withdrawal
- Depression or anxiety
- Overall decline in physical or mental health with no medical explanation
- Signs of abuse, such as physical injuries or sexual trauma
Pay attention for signs of neglect in your loved one and at the facility itself. When you visit a Forest Hills nursing home, look for red flags such as a dirty or unsanitary environment, pests, mold, unwashed bedding or clothing, messy living areas, foul odors, and spoiled food.
About Nursing Home Neglect Lawsuits in Forest Hills
A nursing home (or staff member) does not need to have intentionally abused a resident or injured them to be held liable for nursing home neglect. If the act of neglect caused harm to a resident, the nursing home can be held responsible through a personal injury claim.
A personal injury claim requires evidence that the defendant is more likely to have caused harm to the plaintiff than not. This may require evidence such as nursing home records, witness statements, photos and videos of conditions at the nursing home, the victim’s medical records, and prior complaints or incidents.
Financial Compensation Available
Holding someone accountable for nursing home neglect in Forest Hills can help the victim move forward with the financial recovery he or she deserves. A nursing home neglect lawsuit can result in financial compensation for losses such as:
- Present and future necessary medical care
- Out-of-pocket costs
- Physical pain and suffering
- Emotional, mental and psychological trauma
- Loss of quality of life
- Loss of the loved one’s companionship (loss of consortium)
- Wrongful death damages, if the neglect is fatal
The value of a nursing home neglect settlement in New York will depend on the severity of the harm suffered by the injured resident. In cases involving severe or catastrophic injuries or resident deaths, settlements will generally be higher due to the amount of damage suffered.
Speak to an Experienced Nursing Home Neglect Lawyer in Forest Hills, NY Today
Nursing home neglect is an extremely harmful type of wrongdoing that must be spoken about, brought to light and stopped in the community of Forest Hills, New York. If your loved one is a victim of nursing home neglect or abuse in Queens, contact Abaev Law Firm, PLLC for a free evaluation of your situation.
You may have grounds to hold the nursing home or other parties accountable for harm caused to your elderly relative. Call us today at (212) 763-7738 to discuss a case. We are located at 108-01 Queens Blvd., Suite 204, Forest Hills, NY 11375.