PRACTICE AREA
Contact The Orlow Firm Today!
Our attorneys are ready to help you.
Queens Nursing Home Abuse Lawyers
Nursing Home Abuse Experts with offices in Queens, Brooklyn, Manhattan & The Bronx
If you suspect that your loved one is a victim of nursing home abuse in Queens or elsewhere in New York City, you’re in the right place. At The Orlow Firm, we are committed to helping you and your family seek justice. Our experienced Queens Nursing Home Abuse Lawyers understand how emotionally charged these situations can be and will fight tirelessly to protect your loved one’s rights and dignity.
Key Takeaways
- The Orlow Firm specializes in cases of nursing home abuse in Queens, offering expertise to help you maximize your case.
- Understanding the types of compensation you’re eligible for and who’s legally liable can make all the difference.
- Call (646) 647-3398 For A Free Case Evaluation
How The Orlow Firm Maximizes Your Nursing Home Abuse Case
Legal Expertise: At The Orlow Firm, we have decades of experience in tackling nursing home abuse cases in Queens and the broader New York City area. Our seasoned attorneys know the ins and outs of New York law, making it possible to build a solid case on your behalf.
In-depth Investigations: Identifying the responsible parties and collecting vital evidence is crucial for your case. We perform exhaustive investigations, gather medical records, and conduct interviews to substantiate your claims. Our meticulous attention to detail ensures that no stone is left unturned.
Maximized Compensation: Our main goal is to ensure you get the compensation you deserve, covering both economic and non-economic damages. This can include medical costs, emotional distress, and punitive damages. Our team strategically negotiates with insurance companies and other parties to make sure you receive the maximum possible compensation.
Personalized Service: We understand that each case is unique, and we approach them as such. At The Orlow Firm, you’re not just another file. Our attorneys give personalized attention to your case, making sure you are kept in the loop at every stage of the legal process.
Strong Advocacy in Court: Sometimes, taking your case to trial is the best way to achieve the justice you seek. Our lawyers are effective litigators who will passionately advocate on your behalf in front of a jury or judge.
No Upfront Costs: At The Orlow Firm, we work on a contingency fee basis. This means you don’t have to worry about upfront legal fees. We only get paid when you do, aligning our interests directly with yours.
Streamlined Communication: Time is of the essence in nursing home abuse cases. Our team makes sure to keep the lines of communication open, updating you on case developments and next steps, always accessible via phone at (646) 647-3398.
Local Knowledge: Being based in Queens and serving the New York City area, we understand the local landscape, which courts are involved, and how to navigate the complex local legal system.
Client Education: Our job doesn’t stop at representation. We make sure you understand your rights, options, and the legal jargon involved in your case, empowering you to make informed decisions.
Ethical Practice: Trust and integrity are at the core of our practice. We adhere to the highest ethical standards, treating you and your loved ones with the respect and dignity you deserve.
Call (646) 647-3398 For A Free Case Evaluation: At any point, if you have questions or concerns, don’t hesitate to reach out for a free consultation. Our priority is to give you the peace of mind you need during this challenging time.
What Victims Can Be Compensated For in Nursing Home Abuse Cases In Queens, NY
In nursing home abuse cases, compensation is designed to make the victim whole again, to the extent that money can do so. It’s crucial to recognize the different types of damages for which you may be eligible for compensation. These fall broadly into two categories: economic and non-economic damages.
Economic Damages
Medical Expenses: This includes costs for hospital visits, surgery, medications, and any other healthcare services needed to treat the injuries sustained due to the abuse.
Future Medical Costs: Sometimes, the victim may need ongoing medical treatment. These anticipated medical costs can be calculated and included in the compensation.
Loss of Income: If the abuse has made it impossible for the family to work due to the emotional and physical toll of dealing with the situation, lost wages can be claimed.
Legal and Court Fees: Costs such as filing fees, attorney fees, and other legal expenses can also be compensated if your case is successful. At The Orlow Firm, we work on a contingency fee basis, which means you pay us only if we win your case.
Other Financial Losses: This may include costs related to relocating the victim to another facility or hiring private caregivers or medical professionals to ensure proper care moving forward.
Non-Economic Damages
Pain and Suffering: The emotional and physical pain endured by the victim can be compensated under this category. Although hard to quantify, these damages aim to provide some form of relief for the anguish experienced.
Emotional Distress: Similar to pain and suffering but more focused on the psychological impact, including symptoms like anxiety, depression, or PTSD that may arise due to the abuse.
Loss of Enjoyment of Life: If the abuse has severely impacted the victim’s ability to enjoy daily activities or experience the pleasures of life, compensation may be awarded.
Loss of Consortium: In some cases, the abuse may affect relationships within the family, including the emotional relationship between spouses. Such losses are also compensable.
Punitive Damages: These are less common but can be awarded in instances where the conduct of the nursing home or its staff is deemed to be egregiously negligent or malicious. Punitive damages aim to punish the offender and deter similar conduct in the future.
Reputation Damage: If the abuse has led to defamation or has otherwise damaged the reputation of the victim, then financial redress may be sought for this as well.
Knowing the types of compensation you are eligible for can make a significant difference in the final settlement or judgment. At The Orlow Firm, we strive to ensure you get the maximum compensation you deserve. For a free case evaluation, don’t hesitate to call us at (646) 647-3398.
Who’s Legally Liable in Nursing Home Abuse Cases in New York
Determining who’s legally responsible in cases of nursing home abuse can be a complex process, and it’s crucial to approach it meticulously to build a strong case. Generally, the nursing home facility itself is often the primary defendant, as they are responsible for ensuring the safety and well-being of their residents. If the nursing home fails in this duty, whether through neglect, insufficient staffing, poor training, or other oversights, they can be held accountable.
In addition to the nursing home, individual staff members can also be held liable if their actions or neglect have directly led to abuse. This could range from nurses and caregivers to administrative staff or even other residents who have inflicted harm. However, if it can be shown that the nursing home failed to properly vet or train an abusive employee, the facility could still be held accountable for that individual’s actions.
Sub-contracted staff like janitors or specialized therapists who may not be directly employed by the nursing home but provide services within the facility could also be implicated. If these individuals engage in abusive behavior, both they and potentially the nursing home may be held responsible.
Medical professionals such as doctors or nurses who provide healthcare services to residents can be held liable for medical malpractice if their actions or omissions contribute to the abuse or neglect. For example, if a resident’s medical needs are ignored or incorrectly addressed, leading to harm, both the individual medical practitioner and the facility may share responsibility.
In some cases, the liability may extend to corporations or parent companies that own the nursing home facility. If it can be established that neglect or abuse was a result of policies or practices mandated by the parent company, then they too could be held accountable.
Determining liability often involves thorough investigation and legal analysis. The lines of responsibility can be blurred, and multiple parties may share liability. It’s crucial to consult experienced Queens Nursing Home Abuse Lawyers like those at The Orlow Firm to navigate the complexities and ensure that all responsible parties are held accountable. For a free evaluation of your case, call us today at (646) 647-3398.
Common Types of Injuries in Nursing Home Abuse Cases
Nursing home abuse is an unfortunate reality for many families, and the types of injuries sustained can vary widely. These injuries can range from physical harm to emotional and psychological distress, severely affecting the quality of life for victims and their families. Having a comprehensive understanding of common injuries can help you better identify potential abuse and seek appropriate legal remedies. Here is a breakdown of various types of injuries commonly associated with nursing home abuse:
- Physical Bruises and Lacerations: These injuries can occur due to falls, restraints, or even physical abuse by staff or other residents.
- Bedsores: Also known as pressure ulcers, these are often caused by neglect in moving and turning bedridden residents.
- Fractures and Broken Bones: Often a result of falls, inadequate supervision or improper handling can lead to serious injuries like fractures.
- Malnutrition and Dehydration: Failure to provide adequate food and water can lead to severe health complications.
- Sexual Abuse Injuries: These may include sexually transmitted infections, genital injuries, or psychological trauma.
- Medication Errors: Wrong dosage or wrong medication can result in various complications including organ failure.
- Emotional and Psychological Trauma: Verbal abuse and neglect can lead to conditions like depression, anxiety, or other emotional disorders.
- Choking and Asphyxiation: Often occurs due to neglect in supervision during meals or lack of assistance with feeding tubes.
- Infections: Due to lack of hygiene or contaminated medical equipment, residents may suffer from severe infections.
- Head Injuries: These can occur due to falls or physical abuse and can range from mild concussions to severe traumatic brain injuries.
Understanding the different types of injuries that can result from nursing home abuse is critical for both identifying abuse and seeking legal action. Each type of injury can require different forms of evidence and methods of legal argument. This is why it’s crucial to consult with experienced Queens Nursing Home Abuse Lawyers, such as The Orlow Firm, who can guide you through the complexities of building a robust case. If you suspect your loved one has been a victim of any of these types of injuries, don’t hesitate to contact us for a free case evaluation at (646) 647-3398.
Common Scenarios of Nursing Home Abuse Incidents in Queens
Understanding the various scenarios in which nursing home abuse can occur is essential for both identifying abuse and taking legal action. By being aware of these situations, you can better protect your loved ones and hold negligent parties accountable.
Neglect in Basic Needs: This scenario involves the failure to provide basic care needs, such as food, water, and a clean living environment. Neglect can lead to malnutrition, dehydration, and various health issues for the resident.
Medical Neglect: Failing to administer medication properly, neglecting wound care, or not adequately addressing the medical needs of the resident falls under this category. Medical neglect can lead to severe complications and can worsen existing conditions.
Physical Abuse: Physical force that results in injury, pain, or impairment is considered physical abuse. This can include hitting, slapping, or improperly using restraints on a resident.
Sexual Abuse: Any non-consensual sexual contact with a resident constitutes sexual abuse. This could involve forced sexual interactions or even exposing the resident to sexual material without their consent.
Financial Exploitation: Unscrupulous staff may exploit residents by stealing their money, forging signatures, or coercing them into providing financial information.
Emotional and Psychological Abuse: Verbal attacks, humiliation, intimidation, or isolation are forms of emotional abuse that can lead to long-term psychological harm.
Inadequate Staffing: Sometimes abuse or neglect can be a result of insufficient staff to provide adequate care, leading to negligence in various forms, from medical errors to neglect in basic needs.
Improper Use of Medication: Overmedicating or under-medicating a resident intentionally can be another form of abuse. This can be especially dangerous and can lead to severe health complications.
Violation of Resident Rights: This can include not allowing residents to participate in social activities, violating their privacy, or not allowing them access to their financial or medical records.
Being aware of these scenarios can empower you to spot red flags early and take appropriate legal steps to protect your loved one. If you suspect abuse in any of these scenarios, consult with Queens Nursing Home Abuse Lawyers like The Orlow Firm, who can offer specialized legal guidance and representation. Don’t let your loved ones suffer in silence; for a free case evaluation, contact us at (646) 647-3398.
Relevant New York Laws on Nursing Home Abuse
Understanding the legal framework surrounding nursing home abuse can provide you with a strong foundation for your case. Knowing the laws that protect residents can help you better identify abuse and seek justice.
Federal Nursing Home Reform Act (NHRA): Enacted as part of the Omnibus Budget Reconciliation Act of 1987, this federal law sets forth a variety of standards for nursing home care, aimed at ensuring that residents receive quality services. The NHRA mandates that nursing homes maintain the highest practicable physical, mental, and psychosocial well-being for each resident.
New York Public Health Law Article 28: This state law establishes the health and safety standards for healthcare facilities, including nursing homes. It requires that facilities be maintained in a manner that ensures the safety and well-being of all residents.
New York Social Services Law Sections 460-d: This law provides additional protections specifically for nursing home residents in New York, including the right to be free from physical or mental abuse, corporal punishment, and involuntary seclusion.
Elder Justice Act: Part of the Affordable Care Act, this federal law aims to prevent elder abuse and improve the reporting of such abuse. It also provides funding for elder abuse forensic centers to improve the quality of care.
Americans with Disabilities Act (ADA): While primarily aimed at prohibiting discrimination based on disability, the ADA can apply in cases where nursing home residents with disabilities are not given adequate accommodations, leading to neglect or abuse.
The Adult Protective Services Act in New York: This state law requires the reporting of suspected abuse or neglect of vulnerable adults, including nursing home residents. Under this act, investigations can be launched, and protective services offered to victims.
HIPAA: The Health Insurance Portability and Accountability Act isn’t directly about abuse, but it does protect a resident’s medical records. Violations can occur if a facility staff member unlawfully shares a resident’s medical information, causing emotional distress or facilitating other forms of abuse.
Knowledge of these laws can be instrumental in building a strong nursing home abuse case. Queens Nursing Home Abuse Lawyers like those at The Orlow Firm are well-versed in federal and state laws that protect nursing home residents. If you suspect that your loved one is a victim of abuse, it’s essential to consult experienced attorneys to navigate the complexities of these laws. Contact us today for a free case evaluation at (646) 647-3398.
New York Statute of Limitations for Nursing Home Abuse Claims
The statute of limitations is a crucial element in any nursing home abuse case, particularly in New York. Understanding this time limit can mean the difference between securing justice for your loved one and losing the opportunity to hold negligent parties accountable. In New York, the statute of limitations for personal injury claims, which includes most nursing home abuse cases, is generally three years from the date of the injury. However, the clock might start ticking from the moment you discover the injury or should have discovered it, rather than the actual date of the incident.
Medical malpractice claims in nursing homes have a different timeframe—two years and six months from the date of the malpractice or from the end of a continuous treatment during which the malpractice occurred. For wrongful death claims, the statute of limitations is generally two years from the date of the victim’s death.
It’s important to remember that exceptions can apply. For instance, if the victim is mentally incompetent, the statute of limitations may be tolled, or paused, until competency is restored. Additionally, if the abuse involved a criminal act, such as assault, different statutes may apply, possibly providing a different time window in which to take legal action.
Given the complexity of statute of limitations laws and the variations that exist, it’s vital to consult Queens Nursing Home Abuse Lawyers like The Orlow Firm as soon as you suspect abuse. Timing is of the essence, and waiting too long can result in forfeiting your right to pursue justice. If you have concerns about the statute of limitations or any other aspect of a potential nursing home abuse case, don’t hesitate to reach out for a free case evaluation at (646) 647-3398.
Prevention Methods for Nursing Home Abuse in Queens
Preventing nursing home abuse is a collective effort that involves family members, healthcare providers, and sometimes even the legal system. Being proactive is crucial in protecting your loved ones from becoming victims of neglect or abuse in nursing home settings. The first step often involves carefully selecting a facility. Conduct extensive research into nursing homes, read reviews, and take time to visit multiple facilities. Speak with staff and observe how they interact with residents. You can also check the facility’s records for any past incidents of abuse or violations of state and federal regulations.
Once your loved one is admitted to a nursing home, frequent visits can be a deterrent to abuse. A constant presence makes it more difficult for neglect or abuse to go unnoticed. During visits, be vigilant about checking for physical signs of abuse or neglect such as bedsores, unexplained injuries, or signs of poor hygiene. Also, pay attention to your loved one’s emotional and mental state. Are they withdrawn, fearful, or showing signs of depression? These could be indicators of emotional or psychological abuse.
Open and transparent communication is another key prevention method. Keep the lines of communication open with nursing home staff and management. Regularly attend care plan meetings and advocate for the needs and rights of your loved one. Educate yourself and your loved one about their rights under the law. The more you know, the better you can protect them.
Technological measures like surveillance cameras can also be used, but only with the proper legal permissions. In New York, under certain conditions, families can install cameras in their loved one’s room to monitor their care, provided they adhere to privacy laws and facility policies.
Legal consultations can serve as a preventative measure as well. If something doesn’t feel right, or if you notice any red flags, consult with Queens Nursing Home Abuse Lawyers like those at The Orlow Firm to discuss your concerns and understand your legal options. These legal experts can guide you through the complex landscape of nursing home abuse laws and can act swiftly if abuse is suspected.
Remember, you’re not alone in this fight. The Orlow Firm is here to help. If you have concerns about potential abuse or want guidance on prevention methods, call us for a free case evaluation at (646) 647-3398.
Additional Resources for Nursing Home Abuse Victims
For those seeking to further educate themselves about nursing home abuse, the following resources can provide valuable insights. These organizations and platforms offer a range of services from abuse reporting hotlines to general information about recognizing signs of abuse. While these resources are highly useful, remember that contacting The Orlow Firm at (646) 647-3398 will provide you with expert legal advice tailored to your specific situation.
National Center on Elder Abuse (NCEA): A centralized hub offering an array of information on elder abuse including nursing home abuse. They offer fact sheets, statistics, and preventive strategies. Visit NCEA Website
The Administration for Community Living (ACL): Provides general information about elder rights, abuse prevention, and local resources. The ACL also has a specific section dedicated to elder abuse prevention. Visit ACL Website
Centers for Medicare & Medicaid Services (CMS): Offers a Nursing Home Compare tool that helps you find and compare nursing homes certified by Medicare and Medicaid. Visit CMS Website
New York Department of Health: Provides information on nursing homes in New York, including performance assessments and penalties levied against facilities. Visit NY Department of Health Website
Consumer Voice: Advocates for quality care in nursing homes and provides an array of resources to educate family members about resident rights and care. Visit Consumer Voice Website
While these resources are beneficial, they are not a substitute for professional legal advice. If you suspect nursing home abuse, contacting a Queens Nursing Home Abuse Lawyer like those at The Orlow Firm should be your immediate next step. To discuss your case, call (646) 647-3398 for a free case evaluation.
Frequently Asked Questions
What if I partly contributed to the accident?
New York follows a “pure comparative negligence” rule. This means you can still recover damages even if you were partially at fault, but your compensation will be reduced by your percentage of fault. Consult The Orlow Firm at (646) 647-3398 for personalized advice on your situation.
What is my case worth?
The value of your nursing home abuse case can vary depending on various factors such as the severity of the abuse, medical expenses, and emotional trauma. For an accurate assessment, it’s essential to consult with Queens Nursing Home Abuse Lawyers like those at The Orlow Firm.
How much does it cost to hire The Orlow Firm?
The Orlow Firm generally works on a contingency fee basis, meaning you only pay if we successfully recover compensation on your behalf. For details, call (646) 647-3398 for a free case evaluation.
Do I have to go to court?
Not necessarily. Many nursing home abuse cases are settled out of court through negotiations. However, The Orlow Firm is fully prepared to take your case to trial if necessary to ensure you receive the justice you deserve.
How quickly should I contact a lawyer?
It’s advisable to contact a lawyer as soon as you suspect nursing home abuse. The sooner you act, the more effectively evidence can be preserved, and your legal rights protected.
How long does it take to resolve such cases?
The timeline can vary greatly depending on the complexity of the case, the willingness of parties to settle, and court schedules. It could range from several months to a few years.
Are there signs I should look for to detect abuse?
Signs of nursing home abuse can range from physical injuries like bruises or bedsores to emotional indicators like withdrawal or depression. If you notice any red flags, consult The Orlow Firm at (646) 647-3398 immediately for a free case evaluation.
Why Choose The Orlow Firm?
Choosing the right legal representation is crucial when dealing with the sensitive issue of nursing home abuse. At The Orlow Firm, our team of Queens Nursing Home Abuse Lawyers is committed to advocating fiercely on your behalf. With decades of experience, we understand the complexities involved in abuse cases and are dedicated to securing the maximum compensation you’re entitled to. We offer personalized attention, treating each case with the seriousness and empathy it deserves. Our goal is not just to win your case, but to also bring you peace of mind in this difficult time. To discuss your case, call us at (646) 647-3398 for a free case evaluation.