To avoid negative publicity, the facility will eventually settle with you, rather than go to trial.
New York, NY – The state of New York has gone above and beyond federal laws, putting in place even stricter regulations to protect the rights of nursing home residents. However, when you place someone you love in such a facility you can never be too careful. You need to keep in touch with them and visit them regularly so you’ll know immediately if anything is amiss. If you suspect your elderly Mom or Grandma may be a victim of any type of abuse, share your concerns with knowledgeable lawyers right away.
Steps to take if you suspect nursing home abuse in New York
Nursing home abuse comes in many forms. Residents may be subjected to physical, emotional, or sexual abuse. They may also be financially exploited. Neglecting a resident’s daily needs is a form of abuse, as well.
No matter what you think the problem may be, here is what you must do:
Call 911 in an emergency
Ignore the staff’s protests and call 911 if you discover your loved one suffered a serious injury, such as broken bones or infected bedsores. Also, if you see signs of dehydration, your loved one may need urgent medical care, which the nursing home is obviously unable to provide.
Take photos and videos
When you find a resident in an obvious state of neglect, take out your phone and get photographic or video evidence. Your New York nursing home abuse lawyers will need it when you pursue legal action.
Talk to the staff
This is a rather delicate issue because your loved one will remain there, under their care. At least till you find a different home. You should talk to your relative’s regular carers and their supervisors. Try not to antagonize them. If you find someone who knows what’s going on, put them in touch with your New York nursing home lawyers. Under state law, nursing home employees are encouraged to speak out if they notice any kind of abuse.
Take legal action
Once you know what’s going on consult with reliable nursing home abuse lawyers about your next steps. They will probably recommend you file an official complaint first. In New York, you have several options. There’s a dedicated hotline for nursing home abuse, or you can file an online complaint with the New York Department of Health.
File a lawsuit
New York authorities may fine the facility or place the institution under supervision. Yet, if your loved one was neglected or abused, you will have to sue the nursing home to recover damages. If the resident sustained injuries, was malnourished, or developed a medical condition due to neglect, you may need to speak with experienced medical malpractice lawyers. When you file a medical malpractice lawsuit, you must get an affidavit from a qualified medical professional stating that your claims are valid.
To avoid negative publicity, the facility will eventually settle with you, rather than go to trial. At this point, let your lawyers negotiate. Do not accept their first matter, under no circumstances. Your loved one has suffered enough. Get enough money to move them to a better facility or provide home care for them. They may be too traumatized to set foot in a nursing home again.