Countless families trust the care of their loved ones to nursing homes in New York State. While most of these facilities treat their residents with care and respect, stories of abuse and neglect that lead to serious, lasting harm are all too common. If your loved one suffered injury at a New York nursing home due to abuse or neglect, a New York personal injury lawyer can help your family get the justice they deserve.
At Buttafuoco & Associates, our legal team has been standing up and fighting for injured New York residents for decades. Call to schedule a free consultation today: 1-800-NOW-HURT.
What is Nursing Home Abuse or Neglect?
The New York Department of Health oversees the safe operation of nursing homes across the state and enforces a number of legal rights for their residents. Some of these rights include:
- To be treated with dignity and respect
- To live in a clean, comfortable space
- To be free of discrimination based on race, gender, age, or any other factor
- To make your own decisions about your life
- To get clear, written information about the services you’ll receive and how much they’ll cost before moving in
- To have your money and belongings kept safe
- To have privacy in your communications, including phone calls, mail, and conversations
- To be protected from abuse, including physical, verbal, sexual, or emotional
- To speak up or file a complaint without fear of being punished or treated unfairly
When nursing home staff or administration violates these rights, the law considers this nursing home abuse or neglect, which can result in criminal prosecutions and entitle the victim to damages in civil court. If you are concerned that a loved one has been abused, you and your legal team will need to identify how the staff or administration violated the resident’s rights and how that violation caused material harm.
A nursing home abuse or neglect claim must establish the following facts:
- The victim was a resident of the nursing home when the abuse or neglect took place.
- The abuse or neglect was avoidable or preventable.
- An employee or authority of the facility allowed the abuse or neglect to occur.
- The resident suffered physical, emotional, sexual, or financial damage due to the abuse or neglect.
How to Prove Nursing Home Abuse or Neglect
To build a successful nursing home abuse or neglect case, it’s crucial to gather detailed evidence. A nursing home abuse or neglect attorney serving New York may demonstrate that a facility failed in its duty of care with:
- Resident medical charts: These could document injuries, changes in health, or changes in behavior.
- Daily care records: These track routine care and may indicate lapses in supervision, hygiene, or treatment.
- Incident reports and complaint logs: These can reveal patterns of neglect or prior reports of abuse, as well as the facility’s response.
- Employee personnel files: These could include disciplinary actions, background checks, or records of prior abuse allegations or criminal history.
- Staffing and training records: Inadequate staffing or lack of proper staff training can demonstrate negligence.
- Eyewitness accounts: Testimonies from other residents, staff members, or visitors can provide support for your claim.
- Surveillance footage or photographs: When available, this can show abuse or unsafe conditions.
Buttafuoco & Associates can help your family gather the key evidence and build a powerful legal case against abusive and neglectful nursing homes.
Contact 1-800-NOW-HURT to schedule a free consultation.