Nursing home abuse is a serious issue that affects our most vulnerable population. Statistics suggest that nursing home abuse is highly prevalent and goes mostly unreported. This is particularly problematic for female and minority residents, who are at statistically higher risk for abuse.
When any form of nursing home abuse occurs, including physical and sexual abuse, emotional abuse, financial crimes, and neglect, the victim has the ability to pursue a lawsuit to collect damages for the harms they suffered.
If you suspect that you or a loved one has been the victim of nursing home abuse, contact The Carrion Law Firm as soon as possible. Our dedicated New York City nursing home attorneys can start your representation off with a free case assessment when you call (718) 841-0083 today.
Types of Nursing Home Abuse in New York City
There are several harmful actions (and inactions) that fall under the category of nursing home abuse. The harmful conduct does not need to be intentional to qualify as nursing home abuse. No matter how you or your loved one suffered harm at a nursing home, you can benefit from the counsel of our seasoned New York City nursing home attorneys.
Neglect
Nursing homes carry a great deal of responsibility for providing their residents with basic needs and resources. These include, but are not limited to, food, water, shelter, clothing, and medical and hygienic care. Unfortunately, many nursing homes fail to provide some of even the most basic necessities, causing grave physical and emotional harm to their charges.
Unsafe Premises
The duty a nursing home owes its residents also includes providing residents with facilities that are well-maintained and are as free of hazards as reasonably possible. Falls are a leading cause of injury in nursing homes across the country, so if a nursing home fails to clear wet spots, handle unstable ground, or install handrails where necessary, they could incur liability for a resident’s injuries from a subsequent fall.
Physical Abuse
Residents of a nursing home spend their days and nights in close proximity to nursing home staff. It may be difficult to think about, but staff members may become violent and intentionally assault a resident. Actions such as kicking, slapping, and pushing can seriously injure residents, and create liability for a nursing home abuse lawsuit in New York City.
Sexual Abuse
Sexual harassment and assault in nursing homes is far more prevalent than anyone would like to think. Any unwanted sexual advances, whether physical or not, are grounds for a nursing home abuse lawsuit. If another resident was responsible for the sexual abuse, the nursing home may still be liable if they negligently allowed the abuse to occur or continue.
Emotional Abuse
Nursing home residents can sue for abusive acts that are not necessarily physically violent in nature. Public embarrassment, shaming, threats, name-calling, or deprivation of freedoms or dignity may result in a nursing home abuse lawsuit.
Financial Abuse
Many nursing home residents retain cash accounts controlled by the nursing home so that the nursing home can facilitate payment for certain expenses or items on behalf of the resident. However, this opens the door for theft and scams.
Poor Sanitation
Nursing home residents are often particularly susceptible to the consequences of infection and disease but are not adequately capable of keeping up sanitary measures on their own, and certainly not throughout the facility. If a nursing home lacks reasonable sanitation measures, their negligence could cause illness in residents that could also exacerbate any preexisting conditions they might have.
Nursing Home Abuse Statistics in New York City
The only way to get a true picture of the size of the nursing home abuse and neglect problem is to examine the available data collected in New York City, the State of New York, and the country as a whole.
Most Nursing Home Abuse Cases Are Not Reported
According to Medicare’s Nursing Home Compare estimates, only a quarter of all instances of nursing home negligence and abuse get reported. This is an even larger problem in New York, which is the only state that does not have a universal nursing home abuse reporting requirement. Therefore, many offending nursing homes escape civil and criminal liability.
There are a couple of reasons why cases might go unreported. Some nursing home residents fear for their safety or wish to avoid causing a stir in their community. Many residents who are victims of abuse, like so many other abuse victims in other walks of life, feel shame about coming forward. Others may suffer from conditions such as Alzheimer’s disease that prevent them from even realizing that the abuse is going on.
Women and Minorities Suffer Higher Rates of Nursing Home Abuse
When abuse is reported, almost two thirds of reporting victims are female. Publicly available reporting data suggests that residents who are black or Hispanic are nearly twice as likely as white residents to experience abuse. There is also evidence to suggest that minority abuse victims are substantially less likely to come forward and report the abuse.
Emotional Abuse Is the Most Common Form of Nursing Home Abuse
A recent study by the WHO concluded that emotional and psychological abuse constitutes roughly a third of all reported nursing home abuse cases, making it the most common form of nursing home abuse. Emotional abuse can have serious consequences on a victim and also make them less likely to report on their abuser. Our New York City nursing home abuse lawyers can help explain how you or your loved one’s harmful experience at a nursing home could present you with an opportunity to recover damages.
Statute of Limitations for Nursing Home Abuse Lawsuits in New York City
New York law places limits on how long an injury victim (or their legal guardian) has to file their lawsuit alleging nursing home abuse. These limits vary depending on the nature of the abuse.
For personal injury, the case must be filed within three years of the date of injury. For personal injury involving medical malpractice, the deadline is six months shorter. For financial abuse such as theft, the time limit could be as short as two years, and intentional emotional distress cases must be filed within one year.
Therefore, it is imperative that you contact your New York City nursing home abuse attorney as soon as possible if you suspect you may have a case.
The Carrion Law Firm Can Help You Sue for New York City Nursing Home Abuse
To get a free initial case assessment, call The Carrion Law Firm at our offices at (718) 841-0083.