Nursing Home Negligence or Abuse
Statute of Limitations N.Y.C.P.L.R. §214
- Three years
Medical Malpractice
Statute of Limitations N.Y.C.P.L.R. §214a
- Two and a half years from date of injury or from the end of continuous treatment during which the injury occurred.
- If foreign object is discovered, case must be filed one year from discovery.
Wrongful Death
Statute of Limitations N.Y. Est. Powers & Trusts Law §5-4.1
- Two years from date of death.
Damages Cap
- None.
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.
You may count on the staff at a nursing home to take care of a beloved member of your family. Putting the life and safety of someone you love in the hands of medical professionals should not be a risky situation, but it can be.
If you believe a loved one is suffering injuries caused by nursing home abuse, you may be able to get help from a New York nursing home injury lawyer at Pintas & Mullins Law Firm. Reach out by calling a member of our team.
Common Nursing Home Injuries
Nursing home injuries in New York do not always take the same form. While you may initially think of injuries caused by physical abuse, your loved one could experience injuries from other causes as well. According to the National Consumer Voice for Quality Long-Term Care, individuals in nursing homes may suffer:
- Physical abuse or injuries
- Sexual abuse
- Psychological or emotional abuse
- Financial abuse
- Passive neglect
- Willful neglect (or deprivation)
If your loved one suffered abuse or neglect in a nursing home, first get them the medical help they need. If you are contemplating pressing charges, this will also be a form of evidence you can use in your case. Take steps to prevent your loved one from suffering further injuries and focus on securing an award for your family member from the nursing home.
After you have sought medical help, your next step should be to call a nursing home abuse and neglect lawyer to learn more about your family’s rights under the law.
Signs of New York Nursing Home Injuries
It may be up to you to recognize that your loved one is facing nursing home injuries in some cases. Depending upon your family member’s condition, they may be unable to tell you what is happening to them. You may be able to protect them by looking for signs of physical damage, such as:
- Cuts
- Bruises
- Welts
- Other wounds
Signs of neglect may also catch your attention as you visit a loved one in a nursing home. You may need to get help for your family member if they:
- Develop bedsores
- Suddenly lose a lot of weight
- Seem dehydrated
- Are not kept clean
- Are depressed
You may also notice signs of neglect around your loved one’s room or the nursing home as a whole. Dirty rooms and the presence of pests like fleas or lice should be taken very seriously.
Nursing home employees may also engage in financial abuse. If money or valuables go missing, it could be evidence of financial abuse. Additionally, nursing home workers may sometimes try to get patients to sign over their financials or even change their will.
For a free legal consultation, call (800) 794-0444
Responsibility for Nursing Home Injuries in New York
You may be curious as to who is responsible for your loved one’s injuries. When working on filing a lawsuit, assigning—and proving—liability is one of the most important steps. Responsibility for nursing home abuse may rest on:
Nursing Home Administration
The individuals operating the nursing home may be responsible for nursing home abuse, even if they do not directly commit acts of abuse. For example, nursing home administrators may cause nursing home abuse if they:
- Do not properly conduct background checks on employees
- Do not provide employees with adequate training
- Do not keep the nursing home properly staffed
- Do not adequately secure the nursing home
Nursing Home Employees
If an employee at a nursing home engages in direct acts of abusive behavior, they should also be liable for the abuse. Sometimes these acts are carried out with malicious intent. Nursing homes are often understaffed, causing pressure on the employees. While this never permits neglect or abuse, it might help in assigning responsibility to the nursing home administrators. Employees may commit nursing home abuse because:
- They are overworked and stressed
- They do not know how to complete their jobs correctly
- They were improperly trained
Regardless of the causes of an act that results in a nursing home injury, you may be able to get help for your loved one by contacting a lawyer. Take charge of the future for your loved one by reaching out to the team at Pintas & Mullins Law Firm as soon as you suspect abuse.
Other Nursing Home Residents
Sometimes, acts of nursing home abuse are carried out by other residents. Other patients at the nursing home may physically, emotionally, sexually, or financially abuse your loved one.
Your Options to Handle Nursing Home Injuries in New York
You may be able to take immediate action to help a loved one suffering from nursing home abuse or neglect in New York. There are a number of organizations and agencies you may wish to contact right away to get help. These include:
- Police department
- Adult Protective Services office
- Long-Term Care Ombudsman
Additionally, you may want to reach out to a nursing home injury lawyer to get legal assistance in your corner. A nursing home injury lawyer may be able to help you gather evidence regarding the abuse to build a claim against the nursing home or the employees that abused your loved one.
A nursing home injury lawyer may be able to negotiate with lawyers and insurance companies for the nursing home to secure a settlement for your loved one. This award may cover medical costs and other losses. The team at Pintas & Mullins Law Firm is also willing to take your claim to trial if you do not get the settlement you deserve.
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Get Help from a New York Nursing Home Injury Lawyer Today
Pintas & Mullins Law Firm may be able to help if your loved one suffered a nursing home injury in New York. Our New York nursing home injury lawyers aren’t afraid to take on tough cases. You can reach out to us today to get help.
You may count on the staff at a nursing home to take care of a beloved member of your family. Putting the life and safety of someone you love in the hands of medical professionals should not be a risky situation, but it can be.
If you believe a loved one is suffering injuries caused by nursing home abuse, you may be able to get help from a New York nursing home injury lawyer at Pintas & Mullins Law Firm. Reach out by calling a member of our team.
Call or text (800) 794-0444 or complete a Free Case Evaluation form