Kingston Nursing Home Abuse Lawyers
Protecting Your Loved Ones From Nursing Home Abuse and neglect in Ulster County
The injury-only law firm of Basch Keegan & Spada represents victims of nursing home neglect and abuse in the Hudson Valley. We take nursing home abuse cases very seriously. We know that a successful outcome for one person improves the system for all senior citizens.
The Growing Crisis of Nursing Home Neglect and Abuse
According to the National Center on Elder Abuse (NCEA), nursing home neglect and abuse is increasing throughout the United States. Many senior care facilities are understaffed, overcrowded, and rundown. Poor working conditions may contribute to stress and fatigue for nursing home employees, which may cause them to do their jobs poorly or even take their frustrations out on the elderly.
Understanding and Identifying Nursing Home Neglect
The NCEA defines neglect as the refusal or failure to fulfill any part of a person’s obligations or duties to an elder, such as:
- Failing to provide food or water when a resident needs sustenance
- Not responding to a call for assistance
- Not helping a resident use the restroom when necessary
- Not correctly attending to a resident’s hygiene
The signs and symptoms of neglect must be watched closely. They include malnutrition or dehydration, untreated bed sores, poor personal hygiene, unattended or untreated health problems, and soiled bedding (or the smell of soiled bedding or clothing).
In some cases, neglect is intentional, but often, it is unintentional, based on factors such as ignorance or failure to realize that a nursing home resident needs as much attention as he or she does. In passive neglect situations, the facility can still be held liable for any injuries sustained by a resident as the result of negligent care.
Recognizing Physical and Emotional Abuse in Nursing Homes
Physical abuse in a nursing home may include:
- Any instance of physical force or violence.
- Force-feeding.
- Restraining a resident inappropriately.
- Giving a resident drugs when not necessary.
Emotional abuse is generally more challenging to identify than physical abuse because the symptoms may be subtle. Instead of bruises, cuts, or other visible wounds, the resident may seem withdrawn or upset or even exhibit unusual behaviors attributed to dementia, such as rocking or biting. There are numerous examples of emotional abuse in nursing homes, such as intimidating, insulting, or humiliating a resident, isolating a person from his or her friends or activities, and giving a person “silent treatment.”
Types of Damages Recoverable in Nursing Home Abuse Cases
Victims of nursing home abuse or neglect may be entitled to recover damages such as:
- Medical Expenses: Costs for treatment of injuries sustained due to abuse or neglect.
- Pain and Suffering: Payment for physical pain and emotional distress experienced by the victim.
- Punitive Damages: Extra damages intended to penalize the responsible parties for their severe misconduct.
- Loss of Quality of Life: Payment for the reduced quality of life suffered by the victim.
- Legal Fees: Costs incurred in pursuing legal action against the nursing home or responsible parties.
What is the Statute of Limitations for a Nursing Home Abuse Claim in New York?
In New York, the statute of limitations for filing a nursing home abuse claim is generally:
- Three Years: From the date the abuse or neglect occurred or from the date it was discovered.
- For Claims Involving Death: The statute of limitations is two years from the date of death if the abuse or neglect contributed to the death.
Fulfilling your claim within this period is crucial to preserve your right to seek compensation.
Contact Our Kingston Nursing Home Abuse Attorney Today
Discovering your loved one has been the victim of nursing home neglect or abuse is a devastating realization. The personal injury lawyers at Basch Keegan & Spada can help you through this difficult time, working to ensure all responsible parties are held liable for their actions.
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