Elder abuse and neglect occur when a person suffers emotional, financial, sexual, or physical harm because of a caretaker’s action or inaction. At the Law Offices of Steve Newman, we have over 31 years of experience advocating on behalf of injured New Yorkers, including seniors who have suffered from abuse and neglect in nursing homes or assisted living facilities.
If your loved one is under the care of a nursing home, it’s crucial to be aware of the signs of elder abuse and know when to reach out to a New York nursing home abuse lawyer in case your loved one experiences harm.
Rate of Elder Abuse
Elder abuse and neglect is a growing problem in the United States. A study of elder abuse from 2009 through 2019 discovered 360,000 incidents of elder abuse reported in New York. The Centers for Disease Control and Prevention currently estimates that 1 in 10 people over the age of 60 experience abuse.
In 2022, New York’s aging population comprised 4,881,715 individuals, which means as many as 488,172 elders experienced instances of abuse. If you think a loved one might be the victim of abuse or neglect, reach out to a nursing home abuse lawyer to learn about your options.
Proving an Elder Abuse or Neglect Claim
If you or a loved one has suffered elder abuse or neglect caused by a caretaker, you may have the right to seek compensation. Caretakers can include family members, nurses, or other individuals in charge of feeding, cleaning, and caring for your loved one. Assisted and senior living facilities are also considered caretakers under New York law.
To prove your claim, you will need to show either that the caretaker intentionally harmed the patient or that their negligence resulted in harm. To prove negligence, you must show:
- That the nursing home owed the patient a duty of care,
- That they breached that duty by failing to provide proper care to the patient,
- That the breach harmed the patient, and
- That the patient suffered damages.
The patient, their legal representative, or their estate has up to three years from the date of the injury to file a lawsuit.
Signs of Abuse and Neglect
Abuse and neglect of your loved one may be physical, emotional, financial, or sexual. Finding time for one-on-one conversations with your loved one can help you notice these symptoms and ask questions in a safe environment.
Physical Abuse
Physical abuse happens when a caretaker slaps, hits, punches, kicks, or burns their patient. Often physical abuse will appear as:
- Unexplained bruises,
- Wheelchair accidents,
- Skin infections,
- Spinal injuries,
- Bedsores,
- Bed rail injuries,
- Broken bones, and
- Falls.
If you notice signs of physical abuse on your loved one, report it to the authorities as soon as possible.
Emotional Abuse
A caretaker who emotionally abuses their patient may use verbal or nonverbal behaviors to inflict mental pain, fear, or distress on them. Emotional abuse can appear as:
- Isolation,
- Anxiety, and
- Depression.
Make sure you have time to talk to your loved one without their caretaker around to put them more at ease.
Financial Abuse
When a caretaker accesses the patient’s financial accounts or benefits without permission, they are committing financial abuse. Selling a patient’s belongings, property, or other physical possessions without consent is also a form of abuse. Some signs of financial abuse are:
- Unexpected withdrawals from accounts,
- New authorized users on accounts, and
- Changes to power of attorney.
Regularly reviewing your loved one’s finances can help protect them from financial abuse.
Sexual Abuse
A patient suffers sexual abuse when a caretaker forces the patient to participate in nonconsensual sexual acts of any kind or verbally harasses the patient with sexual comments. Sexually transmitted infections are a sign of sexual abuse. However, the patient may also show many of the same signs of other types of abuse.
Neglect
An elder is neglected if their caretaker does not provide them with food, water, or shelter. It also extends to caretakers not dressing their patients in clean clothes, maintaining proper hygiene, and performing essential medical care.
The elderly frequently experience more than one type of abuse. A nursing home negligence attorney is vital to ensuring your loved one receives compensation for the abuse they endured.
Evidence to Support Your Claim
When a loved one reports abuse or you suspect it, start gathering and saving evidence to support your case. This may include:
- Bank statements showing unusual patterns,
- Deeds or other documents transferring property ownership, and
- Photos of physical abuse.
Meet with a knowledgeable lawyer to discuss the best strategy for your abuse and neglect claim.
Compensation for Nursing Home Abuse
New York personal injury law allows people who have been injured or harmed to recover three categories of damages: economic, noneconomic, and punitive.
Patients often receive economic damages to help them pay for the necessary medical expenses to heal the injuries caused by the caretaker’s neglect.
Noneconomic damages provide the patient compensation for pain and suffering, decreased enjoyment of life, and emotional distress.
Punitive damages, those that seek to punish the caretaker or facility, are rare. Courts award punitive damages only for situations that involve extreme indifference or a blatant disregard of the standard of care. Punitive damages may be available in cases of intentional abuse.
Legal Rights Under New York Law
It is against New York law for a healthcare facility to deprive patients of their rights and benefits guaranteed by a contract or federal, state, and local laws and rules. Patients or their legal representatives are not allowed to waive their right to compensation under New York law. It’s important to speak with a qualified New York nursing home negligence lawyer to understand the scope of your claim and the steps you should take to pursue it.
Engage Our Qualified New York City Nursing Home Negligence Lawyer
Since 1991, the Law Offices of Steve Newman has fought for compensation to help patients and their families heal from situations of abuse or neglect. We do not charge anything until we win or settle your claim. Call today to schedule a free consultation. Our toll free number is 800-690-9880.