Nursing Home Litigation in New York

The 600+ nursing homes play a vital role in caring for the elderly and vulnerable population in New York. Families place their trust in these facilities to provide compassionate care, support, and medical attention to their loved ones. However, not all nursing homes live up to these expectations, and some residents suffer abuse and neglect within the very walls meant to protect them. Nursing home litigation in New York has become an essential avenue for seeking justice and holding negligent facilities accountable for the harm caused to their residents. Claims against nursing home generally revolve around allegations of abuse and neglect. Abuse in nursing homes can take various forms, including physical, emotional, sexual, and financial abuse, while neglect may manifest as inadequate care, failure to provide basic needs, or lack of supervision. These forms of mistreatment can have devastating consequences for the health and dignity of elderly residents, making legal action a necessary recourse to address the injustices they face. If you or a loved one has suffered abuse or neglect in a nursing home, contact a New York nursing home abuse lawyer at Stephen Bilkis & Associates. With over 20 years of experience, we have the knowledge and skill to fight for your rights.

Various types of abuse and neglect can plague nursing home residents, leading to devastating physical and emotional consequences.

• Physical Abuse: This includes any intentional use of force that causes physical harm, injury, or pain to a resident. Examples may include hitting, pushing, slapping, or improper use of restraints. Physical abuse can lead to bruises, fractures, and other personal injuries that may not be easily explained.
• Emotional and Psychological Abuse: Emotional abuse involves the infliction of emotional distress, fear, or mental anguish on a resident. This may include verbal threats, intimidation, humiliation, or isolation. Victims of emotional abuse may exhibit signs of anxiety, depression, or changes in behavior.
• Sexual Abuse: Sexual abuse involves any non-consensual sexual contact or behavior directed towards a resident. Perpetrators may be staff members, other residents, or even visitors to the facility. Victims may display signs of unexplained injuries, fearfulness, or changes in sexual behavior.
• Financial Abuse: Financial abuse occurs when someone misuses or steals a resident's funds, property, or assets for their gain. This may involve unauthorized use of credit cards, forging signatures, or manipulating the resident into signing documents. Financially abused residents may experience sudden financial difficulties or unexplained transactions.
• Neglect: Neglect is the failure to provide adequate care and attention to a resident's basic needs, leading to harm or discomfort. Examples may include failure to provide food, water, medication, hygiene assistance, or a safe environment. Neglect can result in malnutrition, dehydration, pressure ulcers, infections, and other health complications.
• Medical Malpractice: This occurs when medical professionals within the nursing home fail to provide appropriate medical care, leading to harm or worsening of a resident's condition. Medical negligence may involve medication errors, misdiagnosis, delayed treatment, or improper wound care.

With the help of an experienced New York nursing home abuse lawyer, nursing home litigation can be pursued through various causes of action, depending on the circumstances of the case. Common causes of action may include:

• Negligence: Negligence claims in nursing homes may encompass a range of situations, including failure to provide adequate supervision, not addressing residents' medical needs promptly, or neglecting to maintain a safe environment within the facility. These claims seek to hold the nursing home accountable for any breaches in the duty of care owed to their residents, resulting in harm or injury.
• Breach of Contract: In breach of contract claims, residents or their families assert that the nursing home failed to fulfill promises made in the contract, such as providing a certain level of care, services, or accommodations. These legal actions seek to enforce the terms of the contract and ensure that the nursing home upholds its responsibilities as outlined in the agreement.
• Violations of Residents' Rights: Violations of residents' rights in nursing homes can include issues related to privacy, dignity, freedom from abuse and neglect, access to medical care, and the right to make decisions about their own healthcare. Legal action in such cases aims to protect and uphold the fundamental rights and autonomy of nursing home residents, ensuring they receive the respectful and dignified treatment they deserve.
• Medical Malpractice: Medical malpractice claims in nursing homes may arise when healthcare professionals, such as doctors, nurses, or therapists, provide substandard care or make errors in diagnosing or treating residents' medical conditions. These claims seek to hold the healthcare providers accountable for their actions or omissions that result in harm to the residents they are entrusted to care for.

Possible compensation in nursing home abuse and neglect cases may include economic damages for medical expenses, rehabilitation costs, and out-of-pocket expenses. Non-economic damages may cover pain and suffering, emotional distress, and loss of enjoyment of life. In cases of egregious misconduct, punitive damages may also be awarded to punish the nursing home and deter future misconduct.

In New York, the statute of limitations for filing a lawsuit against a nursing home for abuse or neglect is generally three years from the date of the incident. CVP §214(5). However, certain circumstances may affect this time limit, such as when the victim lacks mental capacity or if the abuse was hidden or discovered at a later date. It is essential to consult with an experienced nursing home abuse attorney in New York promptly to understand the specific statute of limitations applicable to your case.

If you suspect that your loved one has been a victim of nursing home abuse or neglect, it is imperative to contact an experienced nursing home abuse attorney in New York. By taking legal action not only will you hold the responsible parties accountable, you will also receive compensation to cover medical bills and other losses that resulted from the abuse or negligence. Contact an experienced nursing home abuse attorney serving New York at Stephen Bilkis & Associates. We can provide essential guidance and support in navigating the legal process, holding negligent parties accountable, and pursuing rightful compensation for your loved one. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Brooklyn, Long Island, Queens, Manhattan, Nassau County, Staten Island, Suffolk County, Bronx, and Westchester County.