Long Island Nursing Home Abuse Lawyer

Our attorneys understand that when they are most vulnerable, nursing home residents often are unable to protect themselves. Our Long Island nursing home abuse lawyers protect the rights of patients throughout all five New York boroughs. We will guide you through the legal process to help you secure the compensation your loved ones deserve.

Our Experienced Nursing Home Abuse Attorneys Guide You Through Every Step

When you contact our NY firm, you can rest easy knowing that we provide both sound legal advice and a compassionate attitude to walk alongside you. Licensed care facilities, including skilled nursing facilities, nursing homes, and assisted living facilities, are supposed to provide support for elderly persons and individuals with severe disabilities. Unfortunately, nursing homes and their employees sometimes fail to live up to the expectations that come with this arrangement. We have earned a reputation as aggressive litigators, and our nursing home abuse lawyers in Long Island will take the time to talk through your case, listen to your concerns, and guide you through the legal process.

If having a legal team by your side to perform these critical tasks appeals to you, please contact us for a free consultation.

How We Succeed Together on a Nursing Home Abuse Lawsuit

Finding a Nursing Home Abuse Lawyer

If you or a loved one suffered nursing home abuse, you need to seek the advice of an experienced attorney. An attorney can help you understand and navigate the legal process and secure the compensation that is deserved. Attorneys who specialize in elder abuse have unique insight into the laws and can offer expert advice. As such, it is important to ask any potential attorney about the cases they have previously handled and if they have any medical background.

When speaking with an attorney, ensure that they have the resources to seek out medical experts and investigators who can thoroughly review the case. You will want a Long Island attorney who can clearly communicate with you and will keep you informed about the progress of the case. It is imperative to discuss the attorney’s fee structure so that you understand how the attorney will be paid for handling the case. Choosing a Long Island nursing home abuse lawyer can feel overwhelming, but you must ensure that you are comfortable and confident in who you choose to represent you or your loved one.

What Is Nursing Home Abuse?

Nursing home abuse happens when a medical provider causes harm to a resident. The abuse may be physical like hitting or pushing a resident. Nursing home abuse can also occur when a resident is restrained for a significant amount of time. Neglect, such as not providing the resident with food or water, can also be nursing home abuse. Ignoring bedsores or other medical conditions can be abuse. Nursing home abuse can also be emotional, such as isolating or threatening a resident. Stealing a resident’s money or forging a name on a financial document are also types of nursing home abuse. Sexual abuse can also occur in a nursing home. If nursing home abuse is suspected, it is important to speak with a nursing home abuse lawyer.

Why Nursing Home Abuse Happens and Common Signs To Look For

Nursing home abuse can occur for a number of reasons. Abuse can occur because of understaffing, lack of training, or burnout of employees. Admitting that abuse is occurring can be difficult for a resident to verbalize. As such, families need to be aware of the signs of abuse. Signs of abuse include unexplained bruises, cuts, or even broken bones. The resident may have bedsores or just seem not to be clean. Other signs of abuse include a change in the resident’s mood or behavior. A family member may notice that money is missing or unexplained bills being paid. If nursing home abuse is suspected, it is important to investigate further and discuss any concerns with a knowledgeable nursing home abuse lawyer.

Potential Compensation from a Nursing Home Abuse Lawsuit

A victim of nursing home abuse may be entitled to compensation due to the injuries they suffered. Compensation may be available for medical expenses incurred because of the abuse. Expenses from having to move to a new nursing home can also be included in a damages request. Compensation for physical pain and emotional distress can be requested. Additionally, punitive damages may be requested if the nursing home conduct is especially harmful, to set an example that nursing home abuse is not tolerated. The amount of compensation that is available depends on many factors, including the extent of the injuries and the type of abuse suffered. A nursing home abuse lawyer can discuss all potential compensation that is available when a claim is filed.

Injury Lawyers Assisting Elderly Abuse Victims

At Duffy & Duffy, our nursing home abuse lawyers are dedicated advocates for nursing home residents and their families throughout Long Island and the surrounding areas. We dedicate a significant portion of our practice to asserting the rights of elderly individuals to receive the quality of care that they deserve without being exposed to unnecessary hazards. Our attorneys understand that nursing home residents often are unable to protect themselves, and we can pursue any legal remedies to which they might be entitled.

Licensed care facilities are supposed to provide support for elderly persons and individuals with severe disabilities. Unfortunately, nursing homes and their employees sometimes fail to live up to the expectations that come with this arrangement. When that happens, the victim and his or her family may pursue compensation.

What Can a Nursing Home Attorney Do For You?

A nursing home attorney plays a critical role in advocating for those who have been injured due to abuse. An attorney can thoroughly investigate the case, including reviewing reports, talking with witnesses, and speaking with potential experts. An experienced attorney can determine all responsible parties and ensure that any action is brought against everyone who is involved in abuse. Because nursing abuse cases can become complex, an attorney can help the victim and their family ensure the case is handled correctly with the established laws.

Negotiating with insurance companies or speaking with other attorneys are other services that an attorney will be able to provide to a victim. An attorney can assist by offering expert legal advice throughout the process and guiding the victim through the legal process. Working with a dedicated Long Island nursing home neglect lawyer can maximize the victim’s potential damages by requesting all available compensation.

Holding Licensed Care Facilities Accountable for Nursing Home Abuse

Nursing home abuse is similar to medical malpractice. Just as doctors are expected to meet a certain professional standard when treating patients, so too are licensed care facilities and their employees obligated to provide a designated level of care to their residents. Section 415.1 of the Public Health Law requires New York nursing homes to offer services “in a manner and quality consistent with generally accepted standards of practice.” Meanwhile, the federal Nursing Home Reform Law mandates that a nursing home resident “be provided with services sufficient to attain and maintain his or her highest practicable physical, mental, and psycho-social well-being.”

These standards of care vary based on a resident’s physical and mental condition. A person who suffers from dementia, for example, may need more regular supervision than one who does not. Similarly, a resident who has previously fallen out of his or her bed may require additional safeguards to prevent it from happening again, especially since the facility and its staff would be aware of the risk.

Filing a Lawsuit Against an Abusive Nursing Home Facility or Staff Member

If the home and its workers fail to live up to the standard of care, they are likely to be legally liable for any injuries that result from their negligence. The victim has a right to sue the home and to recoup damages covering medical costs, pain and suffering, and any other losses. The types of elder abuse can range from physical abuse and sexual abuse to emotional abuse and mental abuse, some elder abuse victims have even suffered financial abuse.

Moreover, an injured person may be able to obtain additional damages when the behavior at issue amounts to gross negligence or willful, wanton, or particularly reprehensible conduct. This form of additional relief is called “punitive damages” and is designed to punish a person or entity for wrongdoing that goes beyond ordinary carelessness.

Some courts have adopted a more expansive view of the circumstances under which punitive damages are generally warranted when considering nursing home cases. Given the high level of care that a facility’s staff is generally required to provide, and their intimate understanding of many of the health and safety risks that often arise in these settings, a court may be willing to find that the failure to properly address these risks can justify punitive damages. A lawyer in Long Island could work to secure the damages a person needs after nursing home abuse.

Contact a Long Island Attorney for Guidance with a Nursing Home Negligence Claim

At Duffy & Duffy, we have decades of experience fighting to protect the legal rights and personal safety of New York nursing home residents. We understand the law as it applies to these nursing home abuse cases, and we know how to build persuasive cases for the people whom we represent. It is important to have an experienced attorney fighting for you or your family members that have been injured due to nursing home negligence.

If you or a loved one has been hurt at a licensed care facility, you should not hesitate to contact the Long Island nursing home abuse lawyers at Duffy & Duffy. Contact us online or call us at (516) 394-4200 to set up a free consultation.

Call (516) 394-4200 For a Free Consultation

Let our skilled nursing home abuse lawyers help.

Testimonials

• “Thanks to the efforts of my attorneys at Duffy & Duffy, I was able to receive a settlement of $500,000.”
• “From the very first meeting with you, I was treated with respect and compassion. The staff was always professional and dedicated.”
• “Your expertise and commitment to our case is really appreciated. It is a tremendous weight off our shoulders to know that Victor will be able to live his life reasonably and comfortably.”

Frequently asked questions

Filing a Lawsuit Against an Abusive Nursing Home Facility or Staff Member

• Contact a Long Island Attorney for Guidance with a Nursing Home Negligence Claim
• How do you report a personal care facility for violations?
• Can I find out which nursing homes have violations against them near me?
• What are the statutes of limitations in a nursing home abuse case?