Nursing Home Abuse & Neglect Attorneys in Buffalo NY
When our loved ones need care in a nursing home, we expect them to be treated with skill, compassion and respect. Unfortunately, this is not always the case. When nursing home residents are neglected or abused, they can suffer deep physical and emotional harm. The Buffalo nursing home abuse lawyers at Cantor, Wolff, Nicastro & Hall LLC understand the pain that families go through in cases like these, and we fight for justice.
Our attorneys work tirelessly to hold negligent nursing homes accountable for their actions. Our trusted lawyers have more than 100 years of combined experience and a strong reputation for winning at trial. Let us fight for your family.
For a free case evaluation, call The Hurt Hotline at (716) 848-8000 or contact us online.
What to Do If You Suspect Nursing Home Neglect or Abuse
Proving nursing home neglect or abuse can be difficult. Some cases involve obvious abuse or neglect, but other situations are not as apparent. For example, emotional abuse, financial abuse, neglect, fraud, and other forms of neglect and abuse can be hard to catch. If you suspect nursing home abuse, take the following steps:
- Protect your loved one. The health and safety of your loved one comes first. If there are obvious signs of abuse or neglect, contact authorities and get your loved one proper care. You may need to transfer your loved one to another nursing home or find a temporary safe place to live. If the signs of abuse or neglect are subtle, talk with your loved one to understand what is happening. You should increase how often you visit and keep an eye out for problems.
- Take photos and gather any potential evidence. If you need to report the situation, make sure that your suspicions are backed up by evidence. Photographs of nursing home injuries and the facility, medical records, and a logbook of problems you have observed can help support your claim. Signs of abuse and neglect may fade away, so gather any evidence in a timely manner.
- Discuss the issues with those in charge. If you suspect abuse or neglect, speak with those in charge of the facility. Be sure to also document your concerns in writing.
- Report the problem to authorities. In New York, the State Department of Health, Division of Nursing Home and ICF/IID Surveillance is in charge of handling nursing home complaints. You can submit a nursing home complaint form through one of the following methods:
Contact a nursing home abuse lawyer in Buffalo immediately as well. A nursing home abuse lawyer can advise you on your next steps and how to protect your loved one. A lawyer can also help you build a claim for compensation to ensure your loved one receives proper treatment and care.
How a Buffalo Nursing Home Abuse Attorney Can Help You
A Buffalo nursing home abuse lawyer can:
- Help you protect your loved one. If you suspect abuse or neglect, get your loved one the medical attention and care he or she needs. A lawyer can advise you on the steps you should take to protect your loved one.
- Work to minimize stress. As part of a nursing home abuse or neglect case, you will be dealing with authorities, insurers and the nursing home that was caring for your loved one. A nursing home abuse lawyer can act as the point of contact and handle your communications and paperwork.
- Investigate the abuse or neglect. Nursing home neglect or abuse may be subtle and difficult to detect. In some cases, a nursing home may try to conceal or dismiss signs of abuse or neglect. An experienced attorney can gather evidence, collect any documentation and work with experts to understand the whole situation.
- Explain your loved one’s rights and the nursing home’s responsibilities. Nursing home neglect and abuse cases may involve state and federal laws dealing with negligence or even medical malpractice. Beyond that, in New York, every nursing home resident has additional guarantees from the Department of Health. A nursing home abuse lawyer can explore how a nursing home may have failed in its duties and how you can hold the facility responsible.
- Fight for you in negotiations and court. An experienced Buffalo nursing home abuse lawyer will negotiate aggressively for fair compensation for your loved one. If necessary, a lawyer will take your loved one’s case to trial to fight for justice.
Demanding Justice for Your Loved One
Your loved one deserves care, respect and compassion. When an elderly person is abused or neglected, it can cause lasting harm that needs to be addressed. Common types of compensation in nursing home abuse lawsuits include:
- Medical bills. Nursing home abuse or neglect can result in high medical care costs. These expenses can leave you and your loved one struggling to pay them. If your loved one has suffered injuries that need to be treated, a claim may help you recover those costs.
- Pain and suffering. These damages account for the physical and emotional suffering your loved one has been put through.
- Wrongful death. If a loved one passes away due to abuse or neglect, you may bring a wrongful death claim. This type of claim can help you and your family hold the facility and staff accountable for their actions.
- Punitive damages. In cases where a nursing home or other care organization has acted willfully or recklessly, the facility may be required to pay punitive damages. These damages can be significant and may serve as a warning to other organizations.
Every case is unique. Contact our nursing home abuse law firm today to discuss the details of your claim in a free and confidential consultation.
Statute of Limitations on Nursing Home Abuse Claims in NY
New York has strict deadlines, known as the statute of limitations, on how long you have to bring a claim for compensation. In general, for nursing home abuse claims in New York, these statutes of limitations apply:
- Personal injury caused by negligence – Three years from the date of the injury.
- Medical malpractice – Two years and six months from the date of malpractice or the end of continuous treatment.
- Intentional emotional distress – One year from the date of the act.
- Negligent emotional distress -Three years from the date of the act.
Every claim is unique and may have different rules that apply. Investigating a claim can take a significant amount of time. It is essential to get your claim started as soon as possible. If you are considering filing a claim, speak today with a nursing home abuse lawyer in Buffalo.
Common Types of Nursing Home Abuse and Neglect
Abuse and neglect in nursing homes are all too common. Common types of abuse and neglect include:
- Physical abuse. Abuse may include striking the residents, excessive or inappropriate restraints, the use of inappropriate drugs, and other intentional actions. Abuse may be easier to detect in some cases due to the visible physical marks.
- Emotional abuse. Emotional abuse may include active abuse such as shouting or insulting a resident. It also includes passive abuse, such as creating a neglectful or hurtful environment. When people are emotionally abused, they may act out or become withdrawn. It is essential to keep an eye out for any signs.
- Sexual abuse. Unfortunately, vulnerable patients in nursing home care may face sexual abuse. This form of abuse can result in serious emotional harm and physical harm in the form of injuries and sexually transmitted diseases.
- Neglect. The administrators and staff of a nursing home should put the residents’ needs first. Sadly, that doesn’t always happen. They may fail to groom residents, fail to provide them with sanitary living conditions, or fail to provide the nutrition and support residents need. When a nursing home fails to meet those basic needs, it is neglecting its duties and the residents in its care.
Recognizing the Signs of Neglect and Abuse
When you are concerned about a loved one’s well-being, you may be looking for signs of abuse or neglect. Some types of abuse may be easier to notice than others. Much will depend on your loved one’s ability to communicate with you. Signs of neglect and abuse may include:
- Cuts, bruises, or other physical wounds
- Broken bones
- Staff member or administrator who won’t let visitors be alone with the resident
- Rapid and significant changes in the behavior of an individual
- Damage to clothing and accessories indicating physical harm
- Significant changes in the person’s behavior
- Being withdrawn or refusing to communicate
- Anger, agitation, or unusually upset
- Bleeding or bruising around the genitalia
- Damaged or bloodied clothing and undergarments
- Sexually transmitted diseases
- Malnutrition and other dietary problems
- Bedsores caused by lack of movement
- Poor hygiene
- Dangerous living conditions including problems with heating, lighting and water
If you suspect abuse or neglect, trust your instincts. Listen to your loved one and make sure that his or her voice is heard. If you believe abuse or neglect is happening, ensure your loved one’s safety and contact a Buffalo nursing abuse lawyer to discuss your options.
Talk to a Buffalo Nursing Abuse Attorney Now
If you suspect a loved one has suffered nursing home abuse or neglect, contact The Hurt Hotline now. The experienced nursing home abuse lawyers at Cantor, Wolff, Nicastro & Hall LLC understand what you are going through. No case is too big or too small. We will make sure that your case gets the personal attention that it deserves. For a free consultation, reach out online or call The Hurt Hotline today at (716) 848-8000.