If your senior family member is in a New York City memory care facility and displays signs of elder abuse, it is important to act immediately. Getting your loved one medical attention is a priority, as is contacting the police, the Adult Protective Services office, and the Long-Term Care Ombudsman.
In addition to reaching out to these organizations and agencies, contact Pintas & Mullins Law Firm. A New York memory care facility accident lawyer from our legal team might be able to help you. We can investigate the nursing home and build a claim on your behalf. You only have to worry about attending to your loved one as we handle everything regarding your claim.
We do not shy away from tough cases, and we work on a contingency fee basis, meaning you pay us nothing upfront. We only get paid when we secure a settlement or court award for you. Call (800) 794-0444 today for your free consultation with a representative.
Recognizing Elder Abuse
There are several signs and symptoms of elder abuse. If you believe your family member is enduring abuse at the hands of their caregivers, it is wise to show up to the memory care facility unannounced to observe the behavior and actions of the staff.
Your loved one may have a condition that makes them unable to tell you if anything bad is happening to them. However, if you think you can get answers from your loved one, talk to them about your suspicions and see what they tell you.
You may notice that your loved one is exhibiting new, concerning behavior, such as seeming depressed, withdrawn, and no longer interested in activities they once enjoyed.
You may even notice physical symptoms, including bruises, welts, cuts, burns, bedsores, or weight loss. You should also look around your relative’s room and the facility to see if it seems dirty or has a pest problem.
There is no excuse for memory care facility employees to act negligently and abusive towards residents, but it happens, and it’s not uncommon. Reasons caregivers may mistreat the elderly include improper staffing and training, a lack of background checks, and inadequate security in the facility.
Residents are entitled to a safe and healthy environment, but staff may lose their patience with residents because they’re overworked and stressed. You can hold them accountable for their appalling actions.
Types of Elder Abuse
The National Institute on Aging (NIA) discusses the common types of abuse that elderly adults may face. This includes physical, sexual, financial, and emotional abuse, as well as neglect.
This type of abuse involves hitting, kicking, slapping, and pushing. If you see wounds on your loved one, they may be suffering from physical abuse.
Examples of sexual abuse include forcing a resident to watch or participate in a sexual act. Residents may sexually abuse other residents as well.
Financial abuse occurs when a staff member steals a resident’s money or possessions, forges checks, changes their will, or uses their credit cards, to name a few examples.
When a caregiver ignores, threatens, and yells at a resident, they are emotionally abusing them. Depriving them of socializing with friends and family is also a form of emotional abuse.
When your loved one is left alone for an extended time and intentionally not being taken care of, the staff is neglecting them. When staff members neglect a resident, their conditions can worsen or new conditions can arise, and they may try to get around on their own, which is dangerous.
A New York memory care facility accident lawyer can protect your loved one’s rights and file a claim or lawsuit against the facility.
For a free legal consultation, call (800) 794-0444
Pintas & Mullins Law Firm Fights for Justice and a Fair Financial Award
Our legal team can support your case in many ways. We can identify the party or parties liable for your loved one’s injuries and other losses.
A lawyer will gather evidence such as pictures and videos of your loved one’s injuries and the facility that prove wrongdoing on the facility’s end, as well as your relative’s medical bills and records. They can also interview other residents who may have witnessed a caregiver’s abuse or have suffered abuse themselves.
A legal professional can also negotiate with the facility’s insurance company, and if they need to take the case to trial to get fair restitution for you, they will. They will also handle all communication with the facility’s lawyers and defendants.
Your family only has to focus on attending to your loved one during this painful time. Call Pintas & Mullins Law Firm today for your free case evaluation and learn how we can help.
Awards You May Be Able to Recover
There are many losses your loved one and family may receive monetary compensation for in a memory care facility accident case. They include:
- Lost income due to taking time off work to take care of your family member
- Costs of relocating your loved one to another facility
- Medical bills
- Pain and suffering
- Mental anguish
- Temporary or permanent disability
- Worsening of condition(s)
- Loss of enjoyment of life
If your loved one passed away due to the abuse or neglect they suffered in the facility, we can file a wrongful death lawsuit. You may be able to seek compensation for funeral and burial expenses and loss of guidance and companionship in this case.
In New York, you generally have three years to file a personal injury lawsuit, according to New York’s Civil Practice Law and Rules (CVP) §214, and two years for a wrongful death lawsuit, as Estates, Powers, and Trusts Law (EPT) §5-4.1 states.
Contact Pintas & Mullins Law Firm Today for Legal Representation
Your family has suffered enough in this disturbing situation, and you should not have to bear the costs of treatment for injuries or losses your loved one is not responsible for. Call today for a free case review at (800) 794-0444. A New York memory care facility accident lawyer will handle every aspect of your case and fight to bring justice to your family.