New York Nursing Home Injury Lawyer for Brooklyn, Queens, and Long Island
When we entrust the care of our aging and medically dependent loved ones to a nursing home, we expect the nursing home personnel to be highly trained, skilled, and above all, caring and compassionate. Sadly, the incidents of nursing home abuse and neglect in Tennessee facilities are rising every day. Whether someone is purposefully hurting your family member, or the facility is willfully neglecting to attend to their needs, nursing home negligence is not something you want your loved one to experience.
At Kaplan & Kaplan, P.C. we know how important it is to you that your loved one feels safe and cared for. Our nursing home abuse lawyers have been serving families around the Metro New York City and Long Island for almost 30 years. We investigate allegations of nursing home abuse and negligence and hold the parties at fault responsible for their actions.
What are the different types of nursing home neglect and abuse?
There are many types of abuse and neglect in nursing homes all over the country, often the result of understaffing of nurses and other healthcare providers. Some of the most common types of abuse are the following:
- Physical abuse. While physical abuse is the most readily recognizable form of abuse because you can see the bruises and the broken bones, physical abuse can also harm the elder’s health by causing high anxiety, which can lead to or exacerbate heart problems in those who are already in frail health.
- Psychological/ emotional abuse. Whether the abuse takes the form of insults, ridicule, threatening language, and/or humiliation, this insidious form of abuse is the most hurtful because it affects the resident’s self-image.
- Financial exploitation. The theft of the resident’s money, the use of their property without permission, intentionally misusing their credit cards, identity theft, and all manner of monetary schemes can be characterized as financial exploitation.
- Over-medication. Sometimes nursing home staff may resort to over-medicating residents who have dementia with anti-psychotic medications as a way of controlling their behavior.
- Staff Inattention (neglect). A nursing home may be understaffed, and as a result, patient care and hygiene may begin to suffer. Residents who are not mobile may get bedsores because linens do not get changed often enough, or staff does not respond to residents’ requests for assistance.
It is important to note that just because you see some of the warning signs that could indicate abuse it does not mean that abuse is taking place. However, if you do begin to see several indicators of abuse such as malnutrition, weight loss, dehydration, unexplained bruising, bedsores, poor hygiene and marked changes in behavior and demeanor, it is likely time to investigate. In some tragic scenarios, prolonged abuse can lead to the wrongful death of your loved one, so time is of the essences if you suspect a problem.
What you need to know about nursing home arbitration agreements
When your loved one enters a nursing home as a resident, there will be volumes of documents to read and sign. This is a situation where you want to take the time to read these documents so that you are making an informed decision when you sign them. You might want to have your attorney look them over to make sure that there is nothing within the documents that might negatively impact your loved one’s best interests. One of documents is an arbitration agreement or an alternate dispute resolution (ADR) agreement. Arbitration privatizes the legal system allowing lawyers rather than judges to preside over decision making, and it denies citizens the right to have their dispute heard in court by a judge and a jury of their peers. Arbitration heavily favors the nursing home, and once you sign a contract agreeing to it, the decision of the arbitrator is final.
Do whatever you can to avoid signing an arbitration agreement. While they may try, the nursing home cannot force you to sign one. If they will not admit your loved one without a signed arbitration agreement, you should consider finding another facility. You can revoke your agreement if you have already signed one. You can send a certified letter revoking your agreement, and after the 30-day waiting period, the agreement will be revoked. If you have any questions about the documents you must sign when your loved one is entering a nursing home, an experienced nursing home neglect attorney from Kaplan and Kaplan is here to protect your legal rights.
How the nursing home neglect attorneys at Kaplan & Kaplan P.C. can help
Our team of compassionate nursing home abuse lawyers knows that finding the right facility is a critical part of your elderly loved one’s safety and care. We also know that even the best looking or best sounding New York State nursing homes can prove to be dangerous to your loved ones. At Kaplan, we are strong advocates for the rights of our elders who may be defenseless and dependent on others for their care and safety. We fight for justice on their behalf and assist you in filing a complaint against the healthcare professionals who harmed your family member.
Contact us today.
When you discover that your loved one has been abused by nursing home staff, you might be filled with anger, but your best move is to contact a personal injury lawyer. We know the pain and anguish that can come from nursing home abuse. Please call 844- Kaplan Law (844-527-5265). or fill out our consultation form to schedule an appointment with a dedicated Brooklyn, Queens, and Long Island nursing home abuse lawyer. We can even come you for your convenience if you are home bound.
The top two most common reasons for nursing home lawsuits are number one has to do with falls (41%) and number two pressure ulcers, bed sores (17.5%) We would be remiss if we did not mention Covid-19. One recent analysis says COVID-19 deaths among long-term care residents and employees at such facilities account for 40 percent of coronavirus deaths in the U.S If your loved one has died of COVID-19 while a resident or was an employee of a nursing home or assisted living facility in New York you have every right to explore the potential for filing a wrongful death lawsuit or other claim. It important to note that future legislation may change the recourse available to families of both residents and employees, however, to date no such legislation has been enacted and under the proposed legislation being discussed for nursing facilities to have their liability limited, they would be required to comply with public health guidelines regarding cleaning and protective gear. Proposed legislation would not protect businesses owners or employers who engage in grossly negligent, willful, or criminal misconduct. The message here is if you feel you may have a case you need to speak to an experienced New York malpractice lawyer and document your case now. Later may and probably will be too late.
To get started, please call 844-KAPLAN LAW (527-5265) or send us your information online. Your initial consultation is completely free and confidential, and you do not pay any legal fees or costs unless we help you recover just compensation.
Kaplan & Kaplan P.C. Brooklyn Medical Malpractice and Nursing Home Injuries Serving all of Brooklyn, Bronx, Queens, Manhattan, New York City, Westchester, Long Island, Melville, Nassau County, Suffolk County and New York State.
