It is not easy to care for someone who is losing their memory or mental faculties, but these facilities must hire staff members who possess specific training in order to help these residents. When they fail to do so, a New York City memory care facility abuse lawyer may be able to help.
The team with Pintas & Mullins Law Firm can investigate your elderly loved one’s abuse and determine if you have a case for compensation. Give us a call as soon as possible at (800) 223-5115 to see how we may be able to help.
Taking Action After Abuse
If you do discover that your loved one suffered abuse at the hands of a caregiver, administrator, or visitor while living in a memory care facility, you have the option to take legal action. A New York memory care facility abuse lawyer can help you start your case.
They can investigate the facility to see if its caregivers possess sufficient training and if the administration implements protocols in accordance with federal regulations. If they breached their duty of care, a lawyer can help assess your loved one’s losses to calculate what fair compensation would look like in your case. Then, through an insurance claim or personal injury lawsuit, they can pursue justice against a liable party.
No one should have to suffer abuse in old age, especially those who struggle with dementia or Alzheimer’s disease. In this case, the abuse can be even more traumatizing, as the resident does not understand why it is happening to them.
Caregivers may punish or blame them for their condition, which the resident has no control over. If this happens, you do not have to attempt to hold the memory care facility responsible. You can focus on helping your loved one recover while a lawyer handles your case.
How to Prove Abuse Occurred in a Memory Care Facility
Proving that a loved one was abused in a memory care facility can be challenging, but our lawyers are ready to handle any case, no matter how tough it may seem. Our lawyers will consider the evidence and circumstances of your case to determine if someone’s negligence resulted in abuse.
In a memory care facility abuse case, our team will need to determine who should be held liable for the abuse. One of the caretakers may have neglected or otherwise abused your loved one, or the negligence of the facility led to abuse from another resident or employee. Some injuries may not be intentional, but that does not prevent us from pursuing compensation if it was still the result of negligence.
The memory care facility owed your loved one a duty of care, and we need to prove that they breached this duty of care. Once our team establishes this duty and the failure of the facility to uphold it, we need to show that there is a link between the facility’s actions (or lack of action) and your loved one’s injuries. This could mean gathering evidence from witnesses, looking up previous complaints, inspecting the facility, among other tasks.
We will also use evidence like medical bills and photographs to prove that your loved one was harmed by someone at the memory care facility, and this led to your loved one’s economic and noneconomic losses. Call the Pintas & Mullins Law Firm team at (800) 223-5115 to get started.
Compensation in a New York Memory Care Facility Abuse Case
Patients are entitled to seek compensation for their injuries related to abuse in a memory care facility. Possible compensation for this type of case includes:
- Payment for medical bills related to treatment, surgery, and other associated bills
- Money for pain and suffering and similar intangible losses
The circumstances of your case can determine available damages. Different types of abuse may impact the kinds of losses you may need to seek.
For example, you can seek compensation for lost funds for financial abuse, in addition to other harm inflicted upon your loved one. A lawyer with our firm can guide you through this process, estimate your losses, and explain available damages to you and your loved one.
For a free legal consultation, call (800) 794-0444
Time Limits on Lawsuits for Memory Care Facility Abuse in New York
Even though it can seem overwhelming to deal with your loved one’s abuse, you do have a limited time to file a lawsuit. Negotiations with insurers may take longer than you expect, and this can impact the time you have to file the suit.
Per NY CVP §214, you only have three years to file for a personal injury case. If your case falls under wrongful death or medical malpractice, you have different deadlines for filing.
Call us as soon as possible after you discover your loved one’s abuse so that we can begin building your case. Our legal team can review your case and determine how long you have to act.
Allow Pintas & Mullins Law Firm to Go to Work for Your Loved One
Residents with dementia or Alzheimer’s disease do not deserve to suffer further due to an abusive caregiver or unsafe premises. Pintas & Mullins Law Firm aims to seek justice and fair compensation for memory care facility residents who suffer abuse.
We can offer you a free consultation during which we can discuss your case, and you are under no obligation to pay out-of-pocket costs if we represent you. We only take our attorney’s fees from a settlement we may be able to secure on your behalf. You can reach us at (800) 223-5115 for more information to see how a New York memory care facility abuse lawyer can help.
Call or text (800) 794-0444 or complete a Free Case Evaluation form