The Law Offices of Robert E. Brown, P.C.

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The Law Offices of Robert E. Brown, P.C.

A nursing home is under obligation to provide proper care for its residents. Unfortunately, this is not always the case, as residents can suffer from nursing home abuse, such as failing to provide adequate medical care or basic hygiene. Nursing home abuse is not only painful for the victims but their families can also be devastated to learn about the suffering of their loved one, who they thought was in safe hands at the nursing home.

When we leave our family members at the nursing home, the last thing we want to imagine is that our loved one is being abused or mistreated at the facility. If you or your loved one suffered nursing home abuse in Staten Island NY,  you can contact us at The Law Offices of Robert E. Brown. Our personal injury lawyer can assess your case and guide you on the best legal strategy to hold the at-fault party accountable for their actions and to get you the compensatory damages you deserve.

Lawyer Speaking To A ClientWhat is Nursing Home Abuse?

Nursing home neglect is the failure of the staff or caregivers of a nursing home facility to provide adequate care to its residents. This type of neglect can result in injury or distress to residents. Most nursing homes do their best to provide nursing home residents with proper care, dignity, and respect; however, nursing home injuries remain common in the U.S.

Common examples of nursing home neglect include failure to fulfill basic needs such as proper hygiene, food, and shelter. Another form of neglect is not attending to the resident’s medical needs, such as not providing the required medication or treatment. In some cases, the residents suffer physical abuse, sexual abuse, financial abuse, and several other forms of trauma and distress.

Any intentional action of the nursing home staff that leads to the physical or emotional distress of the resident can provide legal grounds for a nursing home negligence lawsuit.

How To Identify Signs Of Nursing Home Abuse?

According to the National Institute on Aging (NIA), some of the more common signs that there could be nursing home abuse include unexplained weight loss, malnutrition, dehydration, lack of personal hygiene, bedsores, sudden changes in personality or behavior, or the onset of serious medical complications resulting from inadequate medical attention. In some cases, the victims of nursing home neglect might become withdrawn, reserved, or isolated from friends and family, and might not be able to explain why they feel this way.

How To Report Nursing Home Abuse?

If you notice signs of nursing home abuse, you must report it as soon as possible. Whether you are reporting abuse for yourself or your loved one, reporting the abuse is critical to ensuring that you stop it from happening again. We recommend you take a proactive approach to reporting the issue. Some people make the mistake of waiting too long to be sure about the neglect or abuse. You don’t want to continue suffering or have your family member suffer due to someone else’s negligence or wrongdoing.

Under New York Law, several agencies can take action to stop nursing home abuse. Under the Older Americans Act (OAA) every state is required to have an Ombudsman Program. You may want to contact the Ombudsman Program in New York. This program is designed to help residents of nursing homes understand and exercise their rights.

You can also contact the New York State Department of Health (DOH) or the Adult Protective Services (APS) to report the nursing home abuse. However, the nursing home may deny the allegations, and that is where you need an attorney on your side to help you navigate the legal complexities of a nursing home abuse case.

Steps to Take If You Notice Nursing Home Abuse

While reporting the issue is vital, and should be your first step. You also need to take a few additional steps. If the victim needs medical attention, they need to get it as soon as possible.

In addition, gathering as much information as possible and documenting everything is vital as you may need such evidence if you seek to pursue legal action against the nursing home or their staff. By being organized, you will be in a far better position to pursue different options to put an end to the abuse and hold the at-fault party responsible for the actions. We also encourage our clients to raise awareness about this issue so other residents can identify signs of abuse and take steps to protect their health and safety.

When is a Nursing Home Liable for Elder Abuse and Neglect?

There could be multiple liable parties in a nursing home abuse or neglect case. This means that the nursing home administration might not be directly responsible but they can still be held liable if they did not take reasonable steps to ensure the health and safety of their residents. For example, if the management was negligent in their training or hiring practices, then they could be held accountable for the suffering of the elderly. In some cases, understaffing can lead to elder abuse or neglect. The nursing home must have enough staff to ensure the residents get proper care and attention.

How Can A Nursing Home Abuse Lawyer In Staten Island Help?

One of the first steps in the legal process in nursing home abuse cases is to assess the case to determine if there are legal grounds to pursue this course of action. Just identifying signs of nursing home abuse may not be enough to win the legal battle. You are likely going to need solid evidence to support your claim that you or your loved one suffered from abuse at the nursing home.

The attorney can use their legal expertise, experience, and resources to investigate the case and gather evidence. The most commonly used evidence in such cases includes photos or videos of the mistreatment, physical evidence such as soiled clothes, eyewitness testimony, or a prior history of neglect by the nursing home or caregiver.

While some cases of nursing home abuse or neglect are related to a single incident, in other cases it could be an ongoing issue. In addition, there could be others who may have suffered from similar neglect by the nursing home.  You and others could qualify for a class action lawsuit against the nursing home. However, you may need to meet certain requirements for that.  Nursing home abuse lawyers can evaluate whether your case can be a class action lawsuit.

Woman In A Wheelchair looking Through The WindowSchedule a Consultation with an Experienced Nursing Home Abuse Attorney

Have you or your loved one suffered nursing home abuse in Staten Island, NY? Allow us at The Law Offices of Robert E. Brown, PC. to fight for your rights. With our track record of success in personal injury cases, our attorneys can guide you on your best legal options to recover compensation for the suffering. You can call us to schedule a free consultation with our personal injury attorney. Unlike other law firms in Staten Island, we give each case our complete attention and commitment. We encourage you to browse our website to learn more about us, and when you are ready, get in touch to schedule a consultation.

Robert Brown

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