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Nursing homes are meant to be trustworthy places where people can receive safe, compassionate care. Sadly, some residents experience abuse, including physical assault and battery, in these homes. Families place a lot of trust in nursing homes, and this trust is shattered when their loved ones are harmed.
When abuse occurs in these homes, the law provides a path to seek justice. A Bronx nursing home assault and battery lawyer could help survivors and their families hold responsible parties accountable. Our nursing home abuse attorneys are ready to build a claim for compensation.
Assault and battery are distinct but closely related acts according to New York law. For instance, assault involves an intentional threat or attempt to cause physical harm, causing fear in a victim. On the other hand, battery involves physical contact with another person without their consent.
In a nursing home, assault and battery may include staff members hitting, slapping, or pushing residents. Assault and battery can also include forcing residents into their rooms or restraining them without medical justification. Threatening gestures meant to instill fear of harm are also covered under these laws. An attorney in The Bronx could determine the laws that apply to a specific nursing home assault and battery claim.
Loved ones should be alert to unusual physical or behavioral changes in their loved ones. These changes may include unexplained bruises, cuts, or fractures that may be indicative of restraint use. Some people notice their loved ones are suddenly fearful or socially withdrawing from their loved ones. They may even express reluctance to be touched or approached. These signs are not always easy to spot, but some indications may help point families in the right direction.
Several systemic issues contribute to the alarming rate of assault and battery in nursing homes. Understaffing is a common issue in which overworked caregivers lash out under stress. Poor hiring practices by the nursing home can lead to the business not conducting background checks or allowing individuals with violent histories to work with vulnerable populations.
If someone believes their loved one has suffered abuse in a nursing home, they should first document everything. Take photos of injuries, keep records of all conversations, and request copies of any incident reports. They should also report concerns right away to the New York State Department of Health’s Nursing Home Complaint Hotline.
Family members of victims should also seek a medical evaluation to ensure all injuries are properly documented and cared for by a qualified healthcare provider. Finally, they should contact a nursing home assault and battery lawyer in The Bronx. The sooner legal counsel gets involved, the better the chances of preserving evidence.
An experienced attorney serves several vital roles. For instance, they could investigate the incident by securing medical records, surveillance footage, and staff rosters. They could also identify liable parties and pursue compensation when possible. Lawyers also protect other residents by investigating these incidents.
No one deserves to spend their final years in fear or pain. If you suspect your loved one has been the victim of assault or battery in a nursing home, help is available. Contact us today to schedule a confidential consultation and learn how a Bronx nursing home assault and battery lawyer could help you seek justice.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
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