Brooklyn Nursing Home Abuse Lawyers
Nursing Home Abuse Experts with offices in Brooklyn, Queens, Manhattan & The Bronx
Discovering that a loved one has been a victim of nursing home abuse is a deeply disturbing experience. The trust you place in a facility to care for your family member should never be broken. At The Orlow Firm, our Brooklyn Nursing Home Abuse Lawyers are committed to holding nursing homes accountable for the mistreatment of your loved ones. We combine in-depth legal expertise with compassionate client service to help you navigate this emotionally charged legal issue.
- Understanding the signs of nursing home abuse is the first step in taking legal action.
- The Orlow Firm offers specialized legal services to families and victims of nursing home abuse.
- Compensation may include both economic and non-economic damages.
- State laws and regulations govern the operation of nursing homes, and knowing these can benefit your case.
- Call (646) 647-3398 For A Free Case Evaluation
How The Orlow Firm Can Help in Nursing Home Abuse Cases
Specialized Expertise: The Orlow Firm possesses specialized expertise in nursing home abuse cases, offering a level of understanding and attention to detail that general practice firms simply can’t match. This allows us to navigate the complexities of New York State laws and Brooklyn-specific regulations to build a strong case for you.
Personalized Service: At The Orlow Firm, we know that nursing home abuse cases are emotionally taxing. Our team provides personalized service, working closely with you and your family to address your specific needs and concerns. We understand the urgency in bringing perpetrators to justice and securing appropriate compensation.
Aggressive Representation: We approach each case with a sense of urgency and aggression that ensures your voice is heard, both by the nursing home facility and in the courtroom. Our seasoned Brooklyn Nursing Home Abuse Lawyers actively push for quick and just settlements but are also prepared to go to trial if necessary.
Multi-Angled Strategy: Nursing home abuse cases can be complex, involving various aspects like physical abuse, emotional mistreatment, or neglect. We develop a multi-angled strategy that covers all possible angles, from medical evaluations to interviewing staff and reviewing facility records.
Financial Analysis: Understanding the full scope of economic and non-economic damages is critical for maximizing compensation. We collaborate with medical experts, financial analysts, and care planners to calculate an accurate estimate of all costs incurred and potential future expenses.
Negotiation and Litigation Skills: With years of experience in the courtroom and at the negotiation table, The Orlow Firm is equipped to secure the best possible outcome for your case, whether through a negotiated settlement or a jury verdict.
Resources and Connections: Our firm has established relationships with healthcare professionals, forensic experts, and industry insiders, giving us access to resources that can substantiate your case.
No Upfront Costs: The Orlow Firm operates on a contingency fee basis, meaning you pay nothing unless we win your case. This ensures that you can pursue justice without the burden of legal fees.
Availability: Our Brooklyn-based team is always available to discuss your case. We pride ourselves on being accessible to our clients, keeping you updated on case developments and what steps are being taken to secure justice for your loved one.
If you suspect that a loved one is being abused in a nursing home, don’t hesitate. Call (646) 647-3398 For A Free Case Evaluation with The Orlow Firm to discuss your options and how we can help you seek justice.
What Can You Be Compensated For in New York Nursing Home Abuse Cases
If you or a loved one has been a victim of nursing home abuse in Brooklyn, you may be entitled to various types of compensation. Here is an in-depth look at what you can potentially be compensated for:
Economic Damages: These are the tangible costs associated with the abuse, and they can be quantified in monetary terms.
- Medical Expenses: This includes all costs for immediate medical care, ongoing treatment, and future medical expenses related to the abuse.
- Loss of Income: If the abuse has impacted the victim’s or caregiver’s ability to work, lost income can be claimed.
- Rehabilitation Costs: This can include physical therapy or any other form of rehabilitation that the victim might need to recover fully.
- Relocation Costs: If you need to move your loved one to another facility, the costs associated with that can also be covered.
Non-Economic Damages: These are intangible costs and often vary from case to case, as they cannot easily be quantified.
- Pain and Suffering: This includes both physical pain and psychological suffering that the victim has endured due to abuse.
- Emotional Distress: Abuse can lead to significant emotional trauma, and compensation can be sought for this.
- Loss of Enjoyment of Life: If the abuse has permanently impaired the victim’s ability to enjoy life, this can also be accounted for.
- Loss of Consortium: Spouses of victims can claim damages for loss of companionship and sexual relations that may have suffered due to the abuse.
Punitive Damages: In some cases, particularly egregious instances of abuse may warrant punitive damages. These are not meant to compensate the victim but to punish the abuser and deter them and others from committing similar acts in the future.
Understanding the full scope of economic and non-economic damages is crucial for building a strong case. Our Brooklyn Nursing Home Abuse Lawyers work closely with healthcare and financial experts to ensure that all potential areas of compensation are considered.
If you believe that a loved one is a victim of nursing home abuse, don’t allow the mistreatment to continue. Call (646) 647-3398 For A Free Case Evaluation and learn what kinds of compensation might be available in your case.
Who’s Legally Liable for Nursing Home Abuse in New York
In cases of nursing home abuse in Brooklyn, identifying the parties who are legally responsible is a complex process. Generally, the nursing home itself holds a certain degree of responsibility for the well-being of its residents. This includes a duty to provide a safe environment, adequate medical treatment, nutrition, and hygiene. Failure to meet these standards can make the facility liable for abuse or neglect that occurs under its roof.
Additionally, individual staff members may also be held accountable, especially if they are the direct perpetrators of abuse. This could range from physical abuse by nurses or caregivers to financial exploitation by administrative staff. It’s not uncommon for staff shortages, poor training, or a lack of oversight to contribute to such instances of abuse, and in such cases, the management could also be implicated.
Healthcare providers, including doctors and nurses contracted by the nursing home, may also bear legal responsibility. If they fail in their medical duties or commit medical malpractice that leads to abuse or exacerbates existing abuse, they can be held accountable.
In some cases, even third parties can be responsible. For example, if a resident is abused by another resident and it’s found that the nursing home failed to intervene or separate them, the facility may be found liable.
Family members who have power of attorney but neglect their responsibilities could be held legally accountable in some situations. If they fail to act upon signs of abuse or neglect, they may also be found to be negligent or complicit.
Lastly, corporations or entities that own the nursing home facility may bear responsibility, especially if it can be proven that cost-cutting measures or a lack of adequate staffing led to an environment where abuse could flourish.
Therefore, responsibility can be widespread and may not rest on a single entity. A thorough investigation is critical to identify all parties who may be legally responsible. The Brooklyn Nursing Home Abuse Lawyers at The Orlow Firm have the expertise to navigate these complicated legal waters. Call (646) 647-3398 For A Free Case Evaluation to discuss the specifics of your situation.
Types of Nursing Home Abuse in Brooklyn
Nursing home abuse is a deeply troubling issue that can manifest in various forms, leading to a range of injuries. These injuries can be both physical and psychological, severely impacting the quality of life for elderly residents. The Brooklyn Nursing Home Abuse Lawyers at The Orlow Firm understand the gravity of these situations and are committed to helping you seek justice. Here, we outline the different types of injuries commonly associated with nursing home abuse.
- Physical Bruises and Cuts: Often resulting from rough handling or physical abuse.
- Bedsores: Caused by neglect in moving and caring for bedridden residents.
- Fractures: Usually a result of falls, which can occur if the resident is not adequately supervised.
- Malnutrition: Can lead to weakened immune systems and other complications.
- Dehydration: Often a sign of neglect in basic caregiving responsibilities.
- Head Injuries: May occur due to falls or physical abuse.
- Sexual Abuse Injuries: Any signs of genital injury or emotional trauma can indicate sexual abuse.
- Medication Errors: Overdose or underdose can lead to severe health issues.
- Psychological Trauma: Emotional abuse can lead to anxiety, depression, and other mental health issues.
- Infections: Poor hygiene and medical care can result in bacterial or viral infections.
When it comes to nursing home abuse, it is crucial to recognize that injuries aren’t always visible. Emotional and psychological scars can be just as damaging as physical ones. If you or your loved one is facing any form of abuse in a nursing home, it’s crucial to consult legal expertise immediately. By working with The Orlow Firm, you are taking an essential step in holding the responsible parties accountable and safeguarding the well-being of your loved one. Call (646) 647-3398 For A Free Case Evaluation today to discuss how you can seek compensation and justice.
Common Signs of Nursing Home Abuse
Physical Abuse: Instances where staff members intentionally inflict physical harm on a resident, such as hitting, slapping, or pinching. Physical abuse can lead to bruises, fractures, and various other injuries.
Emotional Abuse: Situations in which caregivers demean, humiliate, or intimidate residents through words or actions. Emotional abuse may manifest through behavioral changes or symptoms of depression in the victim.
Sexual Abuse: Unwanted sexual advances or forced sexual acts upon a resident. This abuse is highly traumatic and can result in both physical and emotional scars.
Neglect: Failure to provide the necessary care and services to maintain a resident’s health and well-being. Neglect can lead to malnutrition, dehydration, and other health complications.
Financial Exploitation: Illegal or unauthorized use of a resident’s financial assets, often conducted by gaining trust and then manipulating or coercing the resident into granting financial favors.
Isolation: Deliberately preventing a resident from interacting with other residents or family members. Isolation is a form of emotional abuse that can result in anxiety and depression.
Improper Medical Care: Incorrect medication dosages, poor wound care, or neglecting to administer medical treatments, leading to deterioration of the resident’s health.
Unsanitary Living Conditions: Failure to maintain a clean and hygienic living environment for residents, resulting in increased risk of infections and illnesses.
Unauthorized Restraint: Use of physical or chemical means to restrict a resident’s freedom, often to make caregiving tasks easier for staff but detrimental to the resident’s well-being.
Abandonment: Completely deserting the resident, leaving them alone and unattended for an extended period, often leading to emotional trauma and physical risk.
If you or a loved one is experiencing any of these forms of abuse, it’s crucial to take immediate action. Call (646) 647-3398 For A Free Case Evaluation and allow The Orlow Firm to help you seek justice and compensation.
Relevant Laws Governing Nursing Home Abuse in New York
Federal Nursing Home Reform Act (OBRA 1987): This federal law sets forth quality standards that nursing homes must adhere to, in order to receive Medicaid and Medicare funds. The act was established to ensure the well-being and health of elderly residents.
New York Public Health Law Section 2801-d: This state law allows nursing home residents and their families to sue facilities for injuries caused by deprivation of any right or benefit, even if not intentional.
Americans with Disabilities Act (ADA): Although primarily known for other types of discrimination, the ADA also applies to nursing homes, protecting residents from discrimination based on disability.
Elder Justice Act: Part of the Affordable Care Act, this federal law is designed to combat elder abuse and improve the quality of care in long-term care facilities.
Adult Protective Services Act: In New York, this act empowers the Office of Children and Family Services to intervene in cases of abuse, neglect, or exploitation of vulnerable adults, including nursing home residents.
HIPAA: The Health Insurance Portability and Accountability Act applies to nursing homes as healthcare providers, requiring them to maintain the confidentiality of residents’ medical information.
False Claims Act: This allows whistleblowers to file lawsuits on behalf of the government against nursing homes that are fraudulently billing Medicare or Medicaid. Penalties are severe and can result in steep fines and criminal charges.
Patient’s Bill of Rights in New York State: These rights outline the level of care and treatment a nursing home resident is entitled to, which includes the right to be free from verbal, sexual, physical, and mental abuse.
If you believe that a nursing home facility has violated any of these laws, resulting in harm to you or a loved one, it’s essential to take legal action. Call (646) 647-3398 For A Free Case Evaluation to discuss your case with the experts at The Orlow Firm.
Statute of Limitations for New York Nursing Home Abuse Cases
In New York, the statute of limitations for bringing a nursing home abuse case varies depending on the nature of the legal claim. If you’re seeking to file a medical malpractice claim, you generally have two and a half years from the date of the malpractice or from the end of continuous treatment provided by the facility or healthcare provider you plan to sue. For personal injury claims, you usually have three years from the date of the injury to file a lawsuit.
It’s crucial to understand that these time frames are not flexible. If you miss the deadline, you could lose your right to pursue compensation permanently. The statute of limitations exists to ensure that evidence remains fresh and that parties are not indefinitely at risk of litigation.
However, there are some exceptions to these general rules. For instance, if the abuse involved a minor or if the abuse was deliberately concealed, the statute of limitations may be extended.
Understanding the specifics of the statute of limitations is essential for a successful claim. It’s not just about filing a lawsuit within a specific period; it’s about giving your legal team ample time to gather evidence, consult experts, and build a compelling case.
For these reasons, it’s vital to consult with an experienced Brooklyn nursing home abuse lawyer as soon as you suspect abuse or neglect. Call (646) 647-3398 For A Free Case Evaluation to ensure you don’t miss crucial deadlines and can get the justice you or your loved one deserves.
Prevention and Reporting of Nursing Home Abuse in NYC
Preventing nursing home abuse is a multi-faceted effort that involves the vigilance of families, nursing home staff, and regulatory agencies. The first line of defense is thorough research before placing a loved one in a nursing home. Visiting multiple facilities, checking their licenses, and reading reviews can offer insight into the quality of care. Even after selecting a facility, regular visits at varying times can help you observe the conditions and how staff interact with residents.
Communication is crucial. Speak openly with your loved one about their experiences, symptoms, or any concerns they may have. Empower them to speak up by letting them know they have a right to be treated with dignity and respect. It is essential to foster an environment where they feel safe expressing any issues.
Training and education of nursing home staff are also vital. Staff should be adequately trained in resident care, including how to de-escalate potentially abusive situations and how to handle the unique needs of residents with cognitive impairments or physical limitations. Furthermore, a well-staffed facility is less likely to have instances of abuse. Overworked employees can become stressed, leading to unintentional neglect or, in extreme cases, intentional abuse.
Legal guidance can serve as a preventative method as well. Many families consult attorneys for advice on the best practices to ensure that a nursing home is adhering to legal standards. An attorney can also inform you about red flags to look out for and what steps to take if abuse is suspected.
In terms of regulatory safeguards, various state and federal laws exist to protect nursing home residents. Understanding these laws can help you recognize when they’re being violated, providing an opportunity to intervene before a situation escalates.
If you have any concerns or need guidance on how to prevent nursing home abuse, call (646) 647-3398 for a Free Case Evaluation. The sooner you address potential issues, the better the chance of preventing abuse and preserving the dignity and health of your loved one.
Additional Resources for Brooklyn Nursing Home Abuse Victims
Centers for Medicare & Medicaid Services (CMS)
This federal agency provides detailed information about nursing home ratings and compliance. You can search for facilities in Brooklyn or elsewhere to understand more about their quality of care.
Website: CMS Nursing Home Compare
New York State Department of Health, Nursing Home Profiles
Find detailed reports on nursing homes in New York, including inspections, complaints, and staffing levels.
Website: NYS Department of Health
National Institute on Aging
This resource offers various articles and tips on how to choose a nursing home and what signs of abuse or neglect to look out for.
Website: National Institute on Aging
Elder Justice Initiative, U.S. Department of Justice
This initiative provides valuable information on elder abuse and financial exploitation. Though it’s not specific to nursing homes, it offers resources that can be helpful in understanding the broader picture of elder abuse.
Website: Elder Justice Initiative
Brooklyn Chamber of Commerce, Elder Services
Though not specific to nursing home abuse, the Chamber of Commerce provides a list of elder services available in Brooklyn, including adult day services and hospice care. Knowing your local options can help you make an informed decision.
Website: Brooklyn Chamber of Commerce
If you suspect nursing home abuse or need assistance navigating the complexities of elder care laws, call (646) 647-3398 for a Free Case Evaluation. We are here to help you and your loved ones get the justice and peace of mind you deserve.
Frequently Asked Questions
How much does it cost to hire The Orlow Firm?
We operate on a contingency fee basis, meaning you don’t pay unless we win your case. All initial consultations are free, so you have nothing to lose by speaking with us.
Do I have to go to court?
Not necessarily. Many nursing home abuse cases are settled outside of court through negotiations. However, if a fair settlement cannot be reached, we are fully prepared to take your case to trial.
How long does it take to resolve such cases?
The timeline for resolving a nursing home abuse case can vary widely. Some cases may be settled in a matter of months, while more complex cases can take years to fully resolve.
What is my case worth?
The value of your case depends on various factors such as the extent of the abuse, medical expenses, and emotional distress. A detailed evaluation of your case is necessary to provide an accurate estimate.
How quickly should I contact a lawyer?
You should contact a lawyer as soon as you suspect abuse or neglect. Early legal intervention can be crucial for preserving evidence and establishing a strong case.
What if I partly contributed to the accident?
New York follows the rule of “pure comparative negligence,” which means you can still recover damages even if you were partially at fault. However, your compensation may be reduced in proportion to your fault.
For any further questions or to discuss your specific situation, call (646) 647-3398 for a Free Case Evaluation.
Why Choose The Orlow?
When it comes to handling nursing home abuse cases in Brooklyn, The Orlow Firm stands out for its unwavering commitment to justice, compassion, and personalized legal service. With decades of combined experience, our attorneys are well-versed in New York nursing home laws and understand the intricate procedures required to build a compelling case. We operate on a contingency fee basis, meaning you pay nothing until we secure compensation for you. Our detailed investigative approach ensures that we hold all responsible parties accountable, maximizing your potential for a successful outcome. Choose The Orlow Firm for unparalleled legal expertise and a genuine dedication to protecting the rights of the abused and neglected. Call (646) 647-3398 for a Free Case Evaluation.