Nursing home neglect is a type of abuse suffered by elderly residents who are in the care of nursing homes, assisted living centers, hospice and long-term living facilities. Nursing home neglect can cause severe resident harm, including serious injuries, infections and wrongful death.
If you believe your elderly loved one is a victim of nursing home neglect in Garden City, New York, don’t hesitate to contact the Garden City injury attorneys at Abaev Law Firm, PLLC for a free consultation about your legal situation. Customer service and satisfaction are our number one priority.
What Makes ALF Law the Right Choice in Garden City
- Years of experience. Our team has extensive experience handling local nursing home neglect cases in Garden City, Nassau County, Long Island and throughout New York.
- Proven credibility. We have recovered millions of dollars in case results for past clients and are designated as Super Lawyers by Thomson Reuters.
- Personalized services. We are The Firm of the People. We pride ourselves on providing an exceptional level of care during sensitive nursing home neglect cases.
- Affordable rates. We take nursing home neglect cases in Garden City on a contingency fee basis, meaning you will be charged $0 unless we win your case.
How Hiring a Nursing Home Neglect Attorney Can Help You
A nursing home neglect lawyer in Garden City will have the experience, knowledge and legal resources you need to move forward with a claim with confidence. An attorney can carefully investigate the claim, interview nursing home staff members and witnesses, preserve evidence and medical records, and hire experts to strengthen your case.
While your family focuses on healing, your attorney can communicate with insurance providers and negotiate a fair settlement on your behalf. Unlike an insurance company, your lawyer will prioritize you, the client. An attorney will work to ensure the victim’s emotional well-being and physical health in addition to a fair financial recovery.
What Does Nursing Home Neglect Mean?
Nursing home neglect means the facility has fallen short of its duty to adhere to certain standards when it comes to caring for its elderly residents. Nursing homes and similar facilities in New York have an obligation to obey state and federal laws to ensure the safety and well-being of those in their care.
Nursing homes are legally required to provide comprehensive care, including:
- Caring for the physical, mental and psychosocial needs of residents
- Providing professional medical care to residents as needed
- Turning immobile residents regularly to prevent bedsores
- Preventing foreseeable harm, such as slip and fall accidents
- Upholding residents’ rights to dignity, respect and autonomy
- Providing a clean, safe and comfortable living environment
- Developing policies that prevent elder mistreatment, harassment and abuse
- Addressing any complaints or safety concerns immediately
Nursing homes in New York must follow the state’s Resident Bill of Rights when it comes to caring for and treating elderly residents. Any failure to adhere to these rules and regulations, either by the facility or one of its employees or staff members, can constitute neglect.
When Can Nursing Home Neglect in Garden City Result in a Personal Injury Claim?
Nursing home neglect is an issue that should always be treated seriously and handled immediately by reporting it to authorities such as the New York State Department of Health. However, a personal injury claim can only be filed in Garden City if there is evidence that someone has been injured or harmed because of nursing home neglect.
Neglect or negligence in personal injury law is a breach of the duty of care. It does not necessarily mean that someone has intentionally caused the victim harm. A careless breach of duty can still lead to liability, meaning the defendant can be held financially responsible for losses suffered by the victim.
Evidence to prove a nursing home neglect claim may include incident reports, prior complaints, property maintenance logs, resident medical records, eyewitness statements, photos and videos, and expert testimony. There needs to be enough evidence to prove that the defendant more likely than not was negligent, and that this caused the victim’s losses.
How to Detect Nursing Home Neglect
Nursing home neglect can describe obvious lapses in resident care that result in noticeable harm, such as visually apparent injuries. However, other cases of neglect may not be as apparent. It often takes loved ones visiting elderly nursing home residents regularly to detect signs of neglect.
Red flags that could mean your loved one is a victim of nursing home neglect in Garden City include:
- Unexplained physical injuries
- Frequent trips to the emergency room
- Swift decline in health status
- Bedsores, pressure ulcers, infections or sepsis
- Medication mistakes
- Unkempt appearance or poor hygiene
- Sudden weight loss or signs of malnutrition
- Dirty, unsanitary or dangerous living conditions
- Symptoms of post-traumatic stress disorder (PTSD)
- Depression, withdrawal or anxiety
- Sudden or premature death
If you notice something amiss when visiting your loved one in a nursing home in Nassau County, investigate further. Ask questions and document the answers given to you by nursing home staff members. Report your concerns to management as well as to the Department of Health. Then, contact the attorneys at ALF Law to discuss your family’s legal rights.
Compensation Available for Victims of Nursing Home Neglect
If you or your lawyer can prove a case of nursing home neglect in Garden City, the victim or victim’s family may recover financial compensation from the defendant to be “made whole again.” This may include damages to cover present and future medical expenses, loss of quality of life for the victim, pain and suffering, out-of-pocket costs, and wrongful death damages.
To have a valid claim in New York, you must file within three years of the date of the incident or discovery of the neglect. This is the general statute of limitations on personal injury claims in the state. If you need to file a wrongful death claim against a nursing home in New York, you have two years from the date of your loved one’s death to do so.
Schedule a Free Consultation With Our Garden City Nursing Home Neglect Attorneys Today
Nursing home neglect is a serious wrongdoing that no one should ever have to live with in Garden City, New York. If your loved one has injuries from what appears to be neglect or abuse by a nursing home in the area, contact Abaev Law Firm, PLLC right away for a free case review.
We will listen to your story, assess your case, inform you of your legal rights and help you explore your next steps. You and your family may be entitled to financial compensation. As your attorneys, we will help your family recover financially as well as emotionally during this difficult time. Contact us at (212) 763-7738 to learn more at no cost or obligation to hire us.