In recent years there has been a significant increase in the incidence of nursing home abuse and neglect, both in New York and across the nation. Sadly, it is not uncommon for elderly individuals to suffer injuries and die, as a result of long-term care facility negligence. Because of these tragic situations, families are no longer able to provide for their loved ones. Often, they are under the constant supervision of a nanny or other relative, making it difficult to leave them home alone. When a loved one passes away, families must often fight to have their rights recognized, to ensure that the deceased’s family is properly compensated.
In the case of nursing home neglect or abuse, it is very important to retain an attorney who has experience in dealing with this type of legal situation. “There are many nuances in long-term care litigation,” explains David Rivkin, Esq., a practicing family law attorney in New York City. “In the case of nursing home neglect or abuse, you want a competent team of lawyers on your side fighting for your rights. A skilled nursing home abuse lawyer can help you obtain not only monetary compensation for the injury but also emotional support during and after the medical treatment, as well as funeral expenses.
It is vital to fight back for those who have fallen victim to neglect and abuse. Oftentimes, when a family member takes the matter into his or her own hands, further harm could be done. If a loved one has fallen seriously ill, the issue becomes even more pressing. For example, a family may decide to take their relative to a nursing home. While they may not realize it at the time, they may unknowingly agree to a long-term care plan that may result in the neglect and abuse continues.
Another reason to consider retaining an attorney for your loved one’s case is the possibility that new evidence may emerge leading to additional compensation. For example, a former nursing home resident who died may bring to light new information about the harsh living conditions that existed at the time of his death. A new medical examiner may uncover evidence of abuse or neglect that was not disclosed at the time of his death. Such discoveries can often lead to more lawsuits and justice for the wrongfully deceased nursing home resident. If one already has a lawyer on the case, he or she may be able to get additional information before having to hire a new one.
There are two main areas to consider when retaining a lawyer for your loved one’s nursing home neglect case: negligence and causation. Negligence refers to actions or inaction that can be considered to be a result of another person’s negligence. Causes can include anything from ineffective safety procedures to a family member’s refusal to treat a nursing home resident. When negligence and causes are combined, it is called a Combined Settlement. This means that the plaintiff is receiving money for more than just one settlement claim.
Another area to consider is causation. Compensation for nursing home abuse can be awarded for actual physical injuries that a resident endured as well as mental anguish caused by the actions or inaction of others. Mental anguish results in long-term effects such as depression and stress, which can cause other problems in the victim’s life. The negligence and causation can also include a denial of treatment to a nursing home resident caused by others’ negligence.
A final consideration concerns emotional abuse and its connection to financial exploitation. Emotional abuse comes in many forms, ranging from severe instances of physical abuse to more subtle instances such as financial exploitation. Financial exploitation happens when a nursing home resident is forced to spend his or her life savings on payments or maintenance for another person or organization. The most common scenario involves a spouse or family member who is dependent on another person for financial purposes. Often, this occurs when the other person is unable to make payments on an important loan. A skilled Personal Injury lawyer can help you seek damages for emotional abuse or the financial exploitation of a loved one.
If you or someone you love is a victim of negligence, a long island personal injury lawyer may be your best line of defense. Medical malpractice claims often involve outrageous cases of medical misconduct. Lawyers who specialize in these lawsuits have the expertise to build successful cases from the beginning. With an attorney, you may recover compensation for the emotional and physical anguish suffered as a result of neglect.