If you have a family member who is currently a resident of a nursing home, or who has been confined to such a facility in the recent past, you may have questions about how to recognize the signs of nursing home abuse. While each case is unique and ultimately must be evaluated on its own merits, there are some types of neglect that happen with alarming regularity. At the Law Firm of Valerie J. Crown, Attorney at Law, P.C., our Rockland County nursing home abuse lawyers are experienced in recognizing common signs of mistreatment. We are seasoned advocates for injured patients as well as the families of patients who have perished as a result of abuse or neglect at the hands of nursing home employees or other healthcare providers.
Signs of Nursing Home AbuseNursing abuse can be physical, verbal, emotional, and/or financial. There are different things to look for, depending on which type(s) of abuse or neglect may have occurred. Sadly, abuse can be as severe as beating, slapping, kicking, or shaking a resident, which can result in bruises, lacerations, and even broken bones. These types of injuries can also indicate that a patient has been neglected and may have fallen or been injured while attempting self-care. Malnutrition, dehydration, frequent infections, bedsores, weight loss, and unsanitary conditions can also indicate that a patient has been neglected or intentionally ignored. Verbal and emotional abuse may be evident from a resident’s agitation, silence, or reluctance to speak in front of staff members.
Holding a Nursing Home Liable for Patient Injuries or DeathTo seek justice on behalf of a nursing home patient, you can speak to an attorney to get help with obtaining and reviewing the patient’s medical records. In most cases, consultation with an expert witness to review the records will be necessary, as will presenting medical expert testimony on the patient’s behalf at trial. Negligence cases have several elements, each of which must be proven by a preponderance of the evidence in order for money damages to be awarded by the court. These elements include duty, breach of duty, proximate causation, and damages. In other words, the patient or his or her legal representative must be able to explain to the court the applicable standard of medical care at the time and place of the alleged mistreatment or neglect of the patient, how exactly the defendant(s) failed to meet that standard, and how this breach of duty was the proximate cause of the injuries suffered by the resident.
The nursing home or long-term care facility will likely attempt to get the patient’s case dismissed prior to trial, probably via a motion for summary judgment. It takes a lot of work and a great deal of time to get a nursing home abuse case past the summary judgment phase and ready for a trial by jury. If you suspect that a loved one has been harmed by carelessness, negligence, or intentional misconduct at a New York nursing home, assisted living center, or long-term care facility, it is important that you contact an attorney as soon as possible so that a proper investigation can be conducted and the necessary paperwork can be submitted to the court prior to the expiration of the statute of limitations for such claims.
Nursing Home Negligence Lawyers Serving Rockland CountyIf your loved one has shown any of the signs of nursing home abuse discussed above, or if he or she has had other injuries that required hospitalization, experienced frequent illnesses in the nursing home environment, or is frequently heavily sedated without explanation, now is the time to take action. You can reach the Law Firm of Valerie J. Crown, Attorney at Law, P.C., at 845-708-5900 or via the contact page on this website. Alternatively, you can contact Valerie’s cell phone 24/7 at 845-598-8253. Our firm handles nursing home negligence and abuse cases in areas including Rockland County as well as Westchester and Orange Counties. We also handle negligence, dental malpractice, and workers’ compensation cases.