Caring Albany Nursing Home Abuse Lawyers
Elderly and ill individuals who live in nursing homes are vulnerable to abuse at the hands of staff members and other residents. Watchdog groups like the National Center on Elder Abuse say that hundreds of thousands of elderly people suffer abuse, but the actual scope of the problem is unknown. For every case of abuse reported to programs and agencies, 24 went unreported, a New York State Elder Abuse Prevalence Study found.
Abuse in the nursing home setting is a crime. In addition to criminal charges against those who abuse nursing home residents, civil law may also allow abuse victims to recover compensation. This may include money for additional medical care necessary for recovery from physical or emotional injury, and for pain and suffering caused by the abuse.
With offices in Albany and Syracuse, the attorneys at Powers & Santola, LLP, represent victims of nursing home abuse throughout New York State. We fight for appropriate restitution as well as to end the abuse.
Contact us now for a free review of your claim.
Common Types of Nursing Home Abuse
Abuse of elderly, vulnerable or dependent adults occurs regularly in nursing homes, assisted-living facilities and other long-term residential care settings, the National Center on Elder Abuse (NCEA) says. In one recent study, more than half of the nursing home staff members surveyed admitted to mistreating older patients within the prior year.
Nursing home abuse takes several forms, including:
- Physical abuse – Use of force that results in bodily injury, pain or impairment. It includes being slapped, burned, cut or bruised, excessive or improper use of restraints, or forced ingestion of food or medication.
- Emotional and psychological abuse – Inflicting mental or emotional pain, anguish or distress by threat, humiliation, intimidation or other abusive conduct.
- Sexual abuse – Non-consensual sexual contact of any kind is abuse, including forcing sexual contact with the perpetrator or with a third person. Coercing a nursing home resident into watching sexual behavior or pornography is also abuse.
- Financial exploitation – Misuse or concealment of funds, property or assets through fraud, embezzlement, forgery, falsifying records, coerced property transfers, or denial of access to assets.
Institutional abuse – mistreatment occurring in a nursing home, assisted-living facility, group home, board and care facility, foster home or another similar facility – is usually perpetrated by someone with a legal or contractual obligation to provide some type of care or protection to the victim, the NCEA says. Nursing home abuse can also be at the hands of fellow residents, particularly sexual abuse.
Take Legal Action Against Nursing Home Abuse
The Department of Health, Nursing Home and ICF/MR Surveillance is responsible for investigating complaints about abuse at nursing homes in New York State. The department’s investigations determine whether a facility has failed to meet federal and state requirements.
In cases where the department determines the nursing home has violated regulations, the department may issue a citation. The facility then must submit a plan of correction that is acceptable to the department and correct the deficient practice.
Even assuming a successful state investigation, it does not address the harm done to an individual nursing home resident. This requires a lawsuit seeking to hold the nursing home and/or its managers and employees liable for the abused resident’s medical expenses, pain and suffering and other losses.
Nursing homes can be held liable for abusive actions perpetrated by employees. An investigation may find that responsible personnel knew or should have known about the abuse.
Nursing homes are also responsible for screening employees who come into contact with residents. They may be held liable if negligent recruitment practices lead to hiring individuals unsuited for providing proper care to residents.
At Powers & Santola, LLP, we help New York families get answers. We work to hold parties accountable when there are allegations of abuse in a nursing home or other long-term care facility. We can help you file a complaint with the state and fully investigate your case to seek satisfactory results for you and your family.
Contact a Nursing Home Abuse Lawyer in Upstate New York
If your loved one has complained about or shown signs of abuse in a New York nursing home, take action today.
Contact an experienced and compassionate lawyer at Powers & Santola, LLP, online or by phone. We’ll provide a free initial legal consultation and won’t accept any legal fees until you obtain compensation.