At Trantolo & Trantolo, we understand it can be a tough decision to place a loved one in a nursing home but it’s often the best choice for their physical, mental and emotional needs.
You trust the facility staff to provide compassionate care yet unfortunately, not all nursing home residents are treated with the respect they deserve. In fact, reports of nursing home abuse are on the rise across the country.
If you’re concerned about a loved one’s safety, our Long Island nursing home negligence attorneys will fight to hold the facility responsible.
What is Nursing Home Negligence?
Nursing home abuse can involve physical, emotional or sexual violence, verbal abuse, financial exploitation and neglect, such as withholding food and water. Warning signs of nursing home abuse include:
- Bedsores and infections
- Amputation due to infection
- Unexplained cuts, bruises or broken bones
- Sudden changes in mood or behavior
- Changes in eating habits and/or weight loss
- Dehydration and malnutrition
- Decline in personal hygiene
- Unsanitary and unclean conditions
- Heavy medication or sedation
Injury Statistics in Nursing Homes
Nursing home abuse is a serious problem in the U.S. According to the National Center on Elder Abuse, one in every 10 nursing home residents will experience some form of abuse this year. For those who live in facilities that are poorly run or do not have enough staff, this number can be even higher.
According to the Office of Children and Family Services, approximately 260,000 adults in New York State are victims of elder abuse each year. If you have reason to believe a loved one has experienced negligent care in a nursing home, contact a personal injury attorney at Trantolo & Trantolo for a free legal consultation.
Reasons for Nursing Home Abuse & Neglect
One of the most common reasons why nursing home negligence occurs is a lack of staff. Those who are overworked, underpaid or improperly trained may take out their feelings of stress and frustration on the residents. Another cause of abuse is improper background checks or hiring people who are not qualified to provide nursing care.
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What Laws Regulate Nursing Homes?
Federal nursing home regulations state that residents have “the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion”.
Passed in 1987, The Nursing Home Reform Act is a set of regulations designed to protect the rights of residents and make sure they receive high-quality care. The act establishes the minimum care standards for nursing homes, including the right to:
- Be treated with respect and dignity
- Receive high-quality care
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- Live in a safe and clean environment
- Have access to their medical records
Filing a Complaint Against a Long Island Nursing Home
Nursing home lawsuits can be filed for a variety of reasons, such as neglect or abuse, wrongful death and breach of contract. Any individual who has suffered harm or witnessed negligent behavior can file a lawsuit. This includes loved ones, nursing home staff and community members who suspect abuse.
If you suspect mistreatment in a nursing facility, there are a few steps you can take. First, bring your concerns to the attention of the facility staff to try and resolve the issue.
You can also call the Nursing Home Complaint Hotline or report the incident to The New York State Department of Health online or by mail. The Division of Nursing Home and ICF/IID Surveillance will investigate the complaint and take the appropriate action needed. If you believe the abuse is life-threatening or puts your loved one at risk of imminent bodily harm, call the police.
How Long Do I Have to File a Lawsuit on Long Island?
In New York, the statute of limitations to file a lawsuit against a nursing home is three years from the discovery or two years from a wrongful death. It’s important to file your claim in a timely manner, as any delays can limit your ability to receive compensation.
When nursing home abuse includes physician negligence, the statute of limitations to file a claim is two and a half years. Shorter time limits may also apply for state-operated nursing homes, including a notice of claim requirement within 90 days of the negligence or injury.
An experienced personal injury attorney can help you understand your rights and what damages may be available for medical expenses, lost wages, pain and suffering.
How to Prove Nursing Home Negligence?
An experienced nursing home negligence attorney can help you prove abuse or neglect occurred. The dedicated legal team assigned to your case will gather evidence, including medical records, witness statements and photos. They may also need to subpoena documents from the nursing home or speak with staff to get a complete picture of what happened.
Contact Our Long Island Nursing Home Abuse Attorneys
At Trantolo & Trantolo, our attorneys recognize the devastating effects of abuse on nursing home residents and their families. We have over 80 years of experience successfully representing injury victims. If you believe a loved one has suffered harm in a nursing home, assisted living facility or group home, contact Trantolo & Trantolo and Let Our Family, Help Your Family™.