Abuse and neglect can have catastrophic effects on a senior’s health, potentially requiring hospitalizations and increasing mortality. Abused and neglected elders may also suffer from detrimental emotional effects and could develop depression, post-traumatic stress disorder, and anxiety.
Fortunately, victims generally have legal recourse. If your loved one suffered from abuse in their assisted living facility, you might be able to help them get justice and compensation. Speaking to a New York City assisted living abuse lawyer can offer clarity on any legal options.
Assisted living abuse is immoral and illegal, and we want to help victims and their families. Call Pintas & Mullins Law Firm today to determine whether you have a case: (800) 794-0444.
Holding the Assisted Living Facility to Account
Assisted living facilities seem to be the best of both worlds for seniors who may not be safe on their own anymore. Assisted living bridges the gap between around-the-clock care in a nursing home and living entirely independently. Assisted living promises dignity, privacy, and independence while assisting residents with some daily tasks of living.
Assisted living facilities in New York are licensed by the New York State Department of Health (NYSDOH) and described as facilities providing the following to five or more adults:
- 24-hour on-site monitoring
- Case management
- Food services
- Personal care
- Home care services
An assisted living operator must provide each resident with adequate care and promote their autonomy, dignity, independence, and privacy.
However, assisted living facilities do not have to follow some of the strict laws and regulations that nursing homes are bound by. The combination of having residents who may be cognitively impaired together with little regulations can present a risk for abuse and neglect.
According to the Gerontologist, frequently identified issues in assisted living facilities can include:
- Inadequate care to residents after accidents
- Unqualified staff
- Poor staff to resident ratio
- Failing to provide medications
- Inadequate staff training
According to the study, while there were no concrete links to abuse and neglect, the combination of staffing issues together with limited oversight and regulation of assisted living facilities can contribute to abuse and neglect at such facilities.
It is important to note that you can potentially hold the assisted living facility liable if your relative suffered injuries due to abuse and neglect. However, proving a claim can be tricky and may require extensive research as well as clear evidence. Having a New York City assisted living abuse lawyer by your side can attempt to hold a negligent assisted living facility to account while you attend to your elderly loved one’s recovery.
Getting Money for Your New York City Assisted Living Abuse Case
Holding an assisted living facility accountable can be challenging. However, if you can prove that your loved one is a victim of abuse and neglect, you could potentially recover compensation for medical expenses and other financial losses that occurred due to the abuse and neglect. You could receive amounts for:
- Hospital stays and medical treatments
- Medical devices
- Medical transportation costs
- Pain and suffering
- Emotional distress
You can potentially also receive other awards. However, the assisted living facility will most likely fight your claim tooth and nail with their own legal counsel.
Having a dedicated New York City assisted living abuse lawyer by your side can provide you with confidence and reassurance. Do not wait and contact us today as personal injury claims can be time-sensitive.
For a free legal consultation with a Assisted Living Abuse Lawyer serving New York City, call (800) 794-0444
Types of Assisted Living Abuse
Finding out that your loved one suffers from abuse or neglect in their assisted living facility can be shocking and upsetting. Unfortunately, abuse of defenseless seniors is widespread in the U.S. According to figures from the U.S. Department of Justice (DOJ), at least ten percent of adults over 65 years of age will experience some form of abuse in a given year.
Financial exploitation, caregiver neglect, and emotional abuse are the most common types of elder abuse, according to the DOJ. While assisted living residents do not require the same extent of assistance as nursing home residents, they are nevertheless still vulnerable to suffering from abuse.
Types of assisted living abuse can include:
Physical Abuse
Physical abuse describes intentionally causing harm and injury with violence. Actions can include slapping, kicking, or shoving a senior. Denying a resident food or drink, or forcing them to consume food or drink, can also be physical abuse.
Emotional and Verbal Abuse
Emotional abuse includes verbal assaults and name-calling, humiliating, bullying, or ignoring a resident. Psychological abuse can also include socially isolating a resident and preventing contact with other residents or their family.
Sexual Abuse
Sexual assaults include any non-consensual sexual act as well as other sexual behaviors such as forced nudity, taking sexual photographs or videos, and forcing a senior to watch sexual acts or material.
Neglect
The general neglect of assisted living residents can cause nutritional deficiencies and dehydration. A resident can also develop infections and other problems due to a lack of personal hygiene. A general lack of hygiene in a facility can also be a form of neglect.
Financial Abuse
Financial abuse of a senior can include theft of money or valuables or exercising undue influence to obtain funds.
Abuse of your relative in their assisted living facility can be hard to detect, as most types of abuse, except for physical violence, do not necessarily present with physical signs and symptoms. Relatives of loved ones in New York City assisted living facilities should be on the lookout for any signs that something is amiss with their loved one, which can include:
- Frequent falls
- Frequent infections
- Unexplained injuries and bruises
- New depression or anxiety
- Fear of caregivers
- Sudden withdrawal
New York City Assisted Living Abuse Lawyer Near Me (800) 794-0444
Reach Out to Learn How Pintas & Mullins Law Firm Can Help
Pintas & Mullins Law Firm offers you an initial free consultation to determine whether you have a claim and clarify any legal options. We will be able to advise you on your next best steps for getting justice, which could be filing a personal injury lawsuit against the assisted living facility or other parties.
We work on a contingency basis when it comes to assisted living abuse, meaning that you have no up-front attorney’s fees to pay. Call Pintas & Mullins Law Firm now for your free, no-obligation case review by dialing (800) 794-0444.
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