Nursing home abuse and neglect are part of a silent epidemic that affects thousands of vulnerable seniors in New York nursing homes and assisted living facilities. Despite federal and state laws designed to protect our elderly population, instances of abuse and neglect continue to occur at alarming rates.
The dedicated attorneys at Fellows Hymowitz Rice are here to shed light on this issue and fight for the rights of those impacted by nursing home abuse.
We represent families throughout Rockland County, including New City, Nyack, Pearl River, and Spring Valley, as well as the broader NYC metropolitan area, including Manhattan, Brooklyn, the Bronx, Queens, and Staten Island.
Our team of New City personal injury lawyers understands the devastating impact such mistreatment can have on victims and their families. We're committed to seeking justice for those who have suffered abuse and neglect in nursing homes, nursing facilities, and assisted living facilities across New York.
Nursing home abuse and neglect are serious violations of a resident's rights and dignity. While abuse involves intentional actions that cause physical or emotional harm, neglect often stems from a failure to provide proper care. Both can lead to severe consequences for nursing home residents.
The disturbing reality is that elder abuse is a pervasive issue in New York, with an estimated 300,000 older adults falling victim each year. This alarming statistic underscores the crucial need for individuals and families to be well-informed about their legal rights and options when facing such situations.
Nursing home abuse and neglect can take many forms, each with its own set of pernicious consequences for elderly residents. Our committed nursing home abuse and neglect lawyers have seen firsthand how these different types of mistreatment can impact the lives of nursing home residents and their families.
Here are the primary categories of nursing home abuse:
This includes any form of physical harm, such as hitting, pushing, or improper use of restraints. Physical abuse can result in serious injuries and immense bodily and emotional pain for the victim.
Insults, humiliation, or isolation can all cause psychological distress. This form of abuse can be just as damaging as physical abuse, often leading to long-term mental harm.
Sexual abuse is any non-consensual sexual contact with a nursing home resident. This is a particularly heinous form of abuse that can cause severe trauma.
Financial abuse entails any unauthorized use of a resident's financial resources or property. This can include theft, fraud, or coercion to change wills or financial documents.
While often distinguished from abuse, neglect frequently has similar effects. It's characterized by a failure to provide proper care, including nutrition, hygiene, or medical attention. Neglect can lead to serious health issues, including bed sores, malnutrition, and medication errors.
Bedsores, also known as pressure ulcers, are one of the most common and preventable injuries in nursing homes. These wounds develop when residents are left in the same position for too long without being turned or repositioned. Bedsores progress through four stages:
Stage 3 and 4 bedsores are considered serious indicators of neglect and can lead to life-threatening infections.
Falls are a leading cause of injury in nursing homes, often resulting from inadequate supervision, unsafe environments, or failure to assist residents with mobility. Common fall-related injuries include:
Nursing home residents depend on staff for proper nutrition and hydration. Signs of malnutrition and dehydration include:
Poor hygiene, inadequate medical care, and unsanitary conditions can lead to serious infections, including:
In the most tragic cases, nursing home abuse and neglect can result in the death of residents. Common causes of wrongful death in nursing homes include:
Keep an eye out for the following red flags, which may point to abuse and neglect in nursing facilities:
Understanding the root causes of abuse and neglect in elder care facilities is imperative for preventing future incidents. They include:
Many nursing homes are understaffed, leading to overworked and stressed-out employees. In this way, low staffing levels can result in neglect, whether intentional or unintentional, and increased risk of abuse.
Staff members may lack proper training in care techniques or recognizing signs of abuse. This can lead to unintentional neglect or failure to report abuse by other personnel or residents.
Insufficient supervision can allow abusive behaviors to go unchecked. Nursing home administrators have a responsibility to monitor their facilities and staff closely.
The demanding nature of caregiving can lead to compassion fatigue and neglectful behavior among nursing home staff members.
Some unscrupulous facility administrators may prioritize profits over resident care, leading to cost-cutting measures that compromise quality and increase the risk of neglect.
If you or someone you care about has been a victim of nursing home abuse or neglect, the law is on your side. Contact Fellows Hymowitz Rice today to explore your legal options and hold the abusers accountable.
New York has a robust system of federal and state laws designed to protect nursing home residents. Some of the most notable regulations include the following:
Every nursing home resident in New York has specific rights protected by law, including:
This New York law provides a special private cause of action for nursing home residents whose rights have been violated. Unlike traditional negligence claims, this law offers:
This state law establishes the regulatory framework for hospitals and nursing homes in New York. It sets forth licensing requirements for nursing homes, operational standards for nursing facilities, and inspection and enforcement procedures, among other provisions.
This federal law sets the national standards of care and rights for people living in certified nursing facilities. It mandates:
The act also sets clear standards for nursing home services, including dietary, nursing, rehabilitation, pharmaceutical, and social services.
Part of the Affordable Care Act (ACA), the Elder Justice Act aims to prevent and address elder abuse, neglect, and exploitation. It provides funding for state and local programs to prevent elder abuse and establishes requirements for reporting crimes in long-term care facilities.
Together, these laws lay down comprehensive standards of care, protect residents' rights, and outline reporting requirements for nursing homes and assisted living facilities in New York State. They also provide a legal framework for pursuing action against negligent nursing homes and staff members, allowing victims of abuse and neglect to seek justice.
If you have reason to believe abuse or neglect may be occurring in your loved one's care facility, take these immediate steps:
Remember: You have the right to report suspected mistreatment without fear of retaliation. Our nursing home abuse attorneys are here to support you throughout this process and ensure that your loved one's rights are protected.
If you or a loved one has suffered from abuse or neglect in a New City nursing home, seeking compensation can help you cover the costs of medical care, emotional distress, and other losses.
The amount of compensation available in nursing home abuse cases depends on several factors, including the severity of abuse, the extent of injuries, and the impact on the victim's life.
Under Public Health Law Section 2801-d, punitive damages may be available in nursing home cases involving extreme neglect or intentional abuse. These damages are designed to punish the wrongdoer for egregious conduct, deter similar behavior in the future, and send a message that elder abuse will not be tolerated.
While there are numerous potential legal avenues open to you, seeking compensation for nursing home abuse or neglect can be challenging. It often involves:
An experienced personal injury attorney can perform these critical tasks for you and ensure that your case meets the burden of proof needed to establish abuse or neglect formally.
Our attorneys work with medical and nursing home care authorities to establish:
We must demonstrate that the nursing home's negligence or abuse directly caused:
Multiple parties may be held responsible in nursing home abuse cases. Here are some of the most common:
Additional potentially liable parties:
As seasoned nursing home abuse attorneys, we'll thoroughly investigate your case to identify all potentially liable parties and hold them accountable through legal action.
When it comes to protecting your loved ones from nursing home mistreatment, experience matters. Here's how Fellows Hymowitz Rice stands out from other nursing home abuse law firms:
Our firm has been fighting for the rights of victims for over four decades. We've handled countless nursing home abuse cases with great success.
We've recovered millions in compensation for our clients in nursing home abuse lawsuits and personal injury claims over the years.
We treat every client like family, providing individualized care and attention to ensure that they feel heard and empowered.
We're deeply invested in the community and passionate about protecting our elderly neighbors from abuse and neglect in living facilities.
Together, we can hold negligent parties accountable and work toward a future where all nursing home residents receive the care and respect they deserve.
Rob Fellows is more than just a lawyer; he's a seasoned advocate and a respected leader in the legal community. With over 40 years of experience, he's earned a reputation for meticulous preparation, unwavering advocacy, and a genuine commitment to his clients.
Steve Hymowitz is a champion for the underdog, specializing in medical malpractice and construction accident cases. He’s known for his warmth and unwavering dedication, relentlessly pursuing justice for those who feel powerless against insurance companies.
Matthew brings an unparalleled level of energy and drive to every case, earning a reputation for achieving exceptional results. He goes beyond financial wins, building deep connections with clients and becoming a trusted advisor during their most difficult times.
Joanne Horowitz is a skilled legal strategist and a strong advocate for those facing injuries due to negligence, construction accidents, and medical malpractice.
Margaret is a seasoned negotiator, expert in civil dispute resolution, with extensive experience handling homicide cases.
Jake is a dedicated, hardworking, and compassionate attorney with a unique perspective shaped by his experience representing both plaintiffs and defendants.
Our team is dedicated to providing trustworthy legal advocacy across New York State, including Rockland, Westchester, and other counties. Our New City office is conveniently located to serve families throughout the Hudson Valley region, and we regularly handle cases in New York City and surrounding counties.
If you suspect nursing home abuse or neglect in New City or elsewhere in New York State, don't hesitate to seek help. Contact Fellows Hymowitz Rice for a free consultation with a knowledgeable nursing home abuse attorney. We're here to listen, guide, and fight for the justice and restitution your family deserves.
