New York City Nursing Home Abuse Lawyer (2022)

In New York, thousands of nursing homes are cited for deficiencies in their programs every year. Whether it is due to the fact that residents develop bed sores or fall due to accident-prone environments, nursing home facilities continue to fail to meet the standards established by the law. With research statistics that indicate over 37 percent of New York nursing homes have accident-prone environments and over 41 percent of nursing homes fail to meet professional standards, it is clear that something must be done to help residents harmed by these deficiencies.

Medicare releases public available data every month on all nursing homes in New York, New York based on the data gathered through inspections, investigations and surveys. The federal database reveals that investigators found serious deficiencies and violations at fifty (16%) of the 305 New York City nursing facilities that led to preventable harm. If your loved one was injured, abused, mistreated or died unexpectedly from neglect while living in a nursing facility in New York, you must protect your legal rights to ensure justice. We encourage you to contact the New York City at Nursing Home Law Center (800-926-7565) today to schedule a free, no-obligation case review to discuss a financial compensation lawsuit.

New York nursing home abuse lawyers are available to help those residents who suffer as a direct result of the improperly trained or inadequate staff workers that nursing homes hire. Call one of our nursing home lawyers today to get started in filing a claim against the nursing home administration of your loved one’s facility.

State and Federal Nursing Home Laws

It can often feel like there is nowhere to turn when a loved one has been abused or neglected. You should know that there are strict laws in place that can empower you to take action on behalf of your loved one. Nursing home lawyers are aware of the details behind laws like the federal Nursing Home Reform Act of 1987 and “Kathy’s Law,” a state law that defines offenses against children, disabled people and vulnerable elderly adults.

Under Kathy’s Law, a person is considered to be guilty when he or she endangers the welfare of an incompetent or physically disabled person by knowingly acting in a manner that is injurious to his or her physical, mental and moral welfare. A person is also guilty of endangering the welfare of a vulnerable elderly person when he or she acts with intent to injure the person and causes injury, recklessly causes injury to the person or subjects the person to sexual contact without his or her consent.

When you feel like a nursing home worker has violated Kathy’s Law or the Nursing Home Reform Act of 1987, it is vital to act. Speak with a nursing home lawyer as soon as you can. Nursing home administrators have a way of making you feel like you are over-exaggerating an issue that has impacted your loved one. The reality is that you should trust your gut instinct about any instances in which you feel a loved one has been harmed. It is likely that there is a pattern of abuse or neglect behind the suspicions that you have.

The Warning Signs of Nursing Home Neglect and Abuse

There are many warning signs that can alert you that nursing home neglect and abuse are occurring in a New York facility. Here are some of the warning signs that you should always consider:

  • A facility’s past history of abuse, neglect or exploitation (which you can find out by contacting the state ombudsman’s office)
  • Missing items of your loved one
  • Depleted financial assets from a resident’s account
  • Complaints of falling
  • Poorly trained staff
  • Inadequate staffing levels
  • Development of bed sores on residents
  • Unchanged sheets and unwashed clothing
  • Unsanitary premises
  • Unsanitary food
  • Development of malnutrition or dehydration in a loved one
  • Physical wounds, scratches and bruising
  • Fractured limbs
  • Constant migraines
  • Depression and anxiety

This long list contains all of the signs that you need to know may indicate abuse or neglect is impacting your loved one. It is better to be knowledgeable about the potential ways in which your loved one could be harmed rather than to be unaware of systematic abuse that could be harming a loved one.

Overall Rating of 305 Nursing Homes
Rating: 5 out of 5 (130) Much above average
Rating: 4 out of 5 (73) Above average
Rating: 3 out of 5 (52) Average
Rating: 2 out of 5 (43) Below average
Rating: 1 out of 5 (7) Much below average
August 2018

Buena Vida Continuing Care
48 Cedar Street
Brooklyn, NY 11221
(718) 455-6200

Ownership— Non-profit corporation

Participates in Medicare/Medicaid: Yes

Overall Rating— 1 star out of 5

(Video) New York Nursing Home Abuse Attorneys

New York City Nursing Home Abuse Lawyer (2)

Primary concerns: This facility has a staff quality rating of only one star and staffing concerns often influence the overall quality of care patients receive. Understaffing and poor training have translated into mediocre quality measures and a poor health inspection record.

Richmond Center for Rehab and Specialty
91 Tompkins Avenue
Staten Island, NY 10304
(718) 876-1200

Ownership— For profit corporation

Participates in Medicare/Medicaid: Yes

Overall Rating— 1 star out of 5

New York City Nursing Home Abuse Lawyer (3)

Primary concerns: A poor health inspection history and abysmal quality measures are major red flags for this facility. Its staff quality rating is considered just average.

Spring Creek Rehabilitation and Nursing Care Center
660 Louisiana Avenue
Brooklyn, NY 11239
(718) 669-7100

Ownership— For profit corporation

Participates in Medicare/Medicaid: Yes

Overall Rating— 1 star out of 5

New York City Nursing Home Abuse Lawyer (4)

(Video) New York Nursing Home / Elder Abuse Lawyer

Primary concerns: There are few things that this facility has been able to do well. According to the Medicare nursing home compare tool, it scores below average in every single category. Its poor health inspection history means that residents are at an elevated risk of injury due to infection or environmental hazards and its one star staff quality rating could be the source of all other issues.

Daughters of Jacob Nursing Home
1160 Teller Avenue
Bronx, NY 10456
(718) 293-1500

Ownership— For profit corporation

Participates in Medicare/Medicaid: Yes

Overall Rating— 1 star out of 5

New York City Nursing Home Abuse Lawyer (5)

Primary concerns: This facility, like the others on our lists, suffers from severe understaffing which has resulted in subpar health inspection results. Its quality measures received a four star rating, but this was not sufficient to make up for its numerous environmental deficiencies.

Riverdale Nursing Home
641 West 230th Street
Bronx, NY 10463
(718) 796-4800

Ownership— For profit partnership

Participates in Medicare/Medicaid: Yes

Overall Rating— 1 star out of 5

New York City Nursing Home Abuse Lawyer (6)

Primary concerns: This nursing home is plagued by a two star health inspection rating and one star staff quality rating. For profit nursing chains and partnerships that fail to properly staff their homes should be forced to compensate those they’ve harmed by placing profits above health and safety.

(Video) Senior Justice Law Firm - New York Nursing Home Abuse Cases

East Haven Nursing and Rehab Center
2323 Eastchester Road
Bronx, NY 10469
(718) 655-2848

Ownership— For profit partnership

Participates in Medicare/Medicaid: Yes

Overall Rating— 1 star out of 5

New York City Nursing Home Abuse Lawyer (7)

Primary concerns: It should be no surprise that this facility’s one star health safety rating is tied to a one star staff quality rating. It is almost impossible for a poorly equipped staff to be able to take care of the needs of every patient and to ensure their safety.

Bay Park Center for Nursing and Rehab
801 Co Op City Boulevard
Bronx, NY 10475
(718) 239-6500

Ownership— For profit corporation

Participates in Medicare/Medicaid: Yes

Overall Rating— 1 star out of 5

New York City Nursing Home Abuse Lawyer (8)

Primary concerns: A two star health inspection rating and one star staff quality rating are once again at the heart of a facility’s deficiencies. It is important that you verify that a facility has a well trained staff that is adequate in number to take care of residents before placing a loved one in any nursing home.

Call New York Nursing Home Abuse Lawyers Today

Call one of our New York nursing home abuse lawyers to receive the help that you need to assert your loved one’s rights. By understanding the warning signs of abuse, you can now get in touch with a lawyer as soon as you have suspicion of abuse or neglect. Our New York nursing home lawyers are here to help people throughout the state of New York in areas such as:

(Video) Nursing Home Abuse Lawyers New York - Building a Successful Nursing Home Case

  • Albany
  • Buffalo
  • Cheetowaga
  • Mount Vernon
  • New Rochelle
  • New York City
  • Rochester
  • Schenectady
  • Syracuse
  • Yonkers

Allow our lawyers to provide you with the help that you need in this difficult time. Your loved one may be eligible to receive compensation as a result of his or her injuries.

Nursing Home Negligence

STATUTE OF LIMITATIONS

  • 3 years. (N.Y. C.P.L.R. §214)
  • Medical malpractice – 2.5 years from the act or omission or from the end of a continuous treatment during which the act or omission took place. Foreign object cases may be brought within one year from the date that the foreign object was discovered. (N.Y. C.P.L.R. §214-a)

DAMAGES CAP

  • None.

Wrongful Death

STATUTE OF LIMITATIONS

  • 2 years from date of death. (N.Y. Est. Powers & Trusts Law §5-4.1)

DAMAGES CAP

  • None.

State Resources

Nursing Home Care State Law

  • “Kathy’s Law,” Offenses Relating to Children, Disabled Persons, and Vulnerable Elderly Persons – (N.Y. Soc. Serv. Law Chpt. 381)

Information on New York Nursing Home Abuse & Negligence Lawuits

Our attorneys have compiled date from settlements and jury verdicts across New York to give you an idea as to how cases are valued. Learn more about the cases below:

  • New York Nursing Home Inadequate Care CasesNew York
  • Nursing Home Abuse Case Valuation
  • New York Nursing Home Bed Sore Case Valuation
  • New York Nursing Home Fall Case Valuation

Related Articles

  • Mueller v. Elderwood Health Care at Oakwood (2011 WL 1366292 (N.Y.Sup.))

Nursing Home Abuse & Neglect Resources

Common Cases:

  • Falls
  • Medication Errors
  • Physical Abuse
  • Sexual Assault
  • Dropped Patients
  • Wrongful Death

Family Resources

  • State Laws
  • Nursing Home FAQs
  • How to Report Abuse
  • Signs of Abuse
  • Case Valuation
(Video) New York Nursing Home Abuse Attorney Brooklyn Bedsore Injury Lawyer

FAQs

How long does it take to get a nursing home neglect case through the court system do to settle out of court in Georgia? ›

Things can be faster or longer depending on that statute of limitations, but generally, this is how long it takes, two, three, four months.

What is the most common abuse in nursing homes? ›

Emotional abuse (also known as verbal or psychological abuse) occurs when someone insults a resident or uses threats to control them. It is the most common type of nursing home abuse. According to the WHO, over 32% of nursing home staff members said they emotionally abused residents.

How do I report nursing home abuse in NY? ›

You may submit this form multiple ways:
  1. Call the Nursing Home Complaint Hotline at 1-888-201-4563.
  2. Fill out the online Nursing Home Complaint Form located below.
  3. Print out the Nursing Home Complaint Form [ PDF ]
  4. Mail to: ...
  5. Fax the Complaint form: 518-408-1157.
  6. Scan the form and E-mail to: nhintake@health.ny.gov.

How long after deposition is settlement? ›

For car collision cases, I would answer, as to how long it takes to get a settlement after a deposition, that it takes about four months.

What is the next step after deposition? ›

Steps That Follow A Deposition. After a deposition and other aspects of the discovery phase have occurred, your lawsuit will typically include three important stages: mediation, trial, and appeal.

What are the 3 most common complaints about nursing homes? ›

What Are the Three Most Common Complaints About Nursing Homes?
  • Slow Response Times. By far, the most common complaint in many nursing homes is that staff members are slow to respond to the needs of residents. ...
  • Poor Quality Food. ...
  • Social Isolation. ...
  • When Complaints Turn into a Dangerous Situation.
29 Dec 2021

What are the 7 types of elder abuse? ›

The 7 most common types of elderly abuse include physical abuse, neglect, emotional abuse, financial abuse, sexual abuse, self-neglect, and abandonment. Any of these elder abuse types can be devastating to older people and their families.

What constitutes abuse in a long-term care setting? ›

Nursing home abuse is any type of harm — including physical or emotional injuries, sexual assault, or financial exploitation — that comes to elderly residents in long-term care facilities.

How do I write a complaint letter to a nursing home? ›

How to Write a Complaint Letter to a Nursing Home
  1. Send the letter to the appropriate person. In most cases, the buck stops with the administrator. ...
  2. Use a formal greeting. The administrator is not your friend. ...
  3. Include specific dates and names. ...
  4. Describe your complaint. ...
  5. Include a call to action.
11 Aug 2022

How do I file a complaint with the NYS Health Department? ›

Phone. 1-800-663-6114 - Complaints/Inquiries (Monday-Friday 9:00 a.m - 5:00 p.m.)

How do I report abuse in NYC? ›

To report abuse and neglect of an adult 18 years old and older, call the New York State Adult Protective Services at 1-844-697-3505. Learn more about NYC services for adults who are physically and/or mentally impaired and need help to live safely in their homes.

Is it better to settle or go to trial? ›

A faster, more cost-efficient process. Your litigation can end within a few months if you settle out of court, and it is much less stressful. A guaranteed outcome. Going to trial means there is no certainty you will win, but when you settle, you are guaranteed compensation for your injuries.

How do you win a deposition? ›

9 Tips for a Successful Deposition
  1. Prepare. ...
  2. Tell the Truth. ...
  3. Be Mindful of the Transcript. ...
  4. Answer Only the Question Presented. ...
  5. Answer Only as to What You Know. ...
  6. Stay Calm. ...
  7. Ask to See Exhibits. ...
  8. Don't Be Bullied.

What questions Cannot be asked in a deposition? ›

You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer. Privileged information.

What should you not say in a deposition? ›

8 Things Not Say During a Deposition
  • Never Guess to Answer a Question.
  • Avoid Any Absolute Statements.
  • Do Not Use Profanity.
  • Do Not Provide Additional Information.
  • Avoid Making Light of the Situation.
  • Never Paraphrase a Conversation.
  • Do Not Argue or Act Aggressively.
  • Avoid Providing Privileged Information.
19 May 2020

How do you answer tricky deposition questions? ›

How to Answer Questions in a Deposition: 5 Ways to Answer
  1. Always Tell the Truth. ...
  2. Listen to the Question in Detail. ...
  3. Dissect Any Compound Questions. ...
  4. Stand Up for Yourself During Questioning. ...
  5. Take Your Time Answering Deposition Questions. ...
  6. Admit to Mistakes or Inconsistencies in Your Answers.
21 Feb 2020

What percentage of cases are settled before trial? ›

By the Numbers

Kiser, principal analyst at DecisionSet, states, “The vast majority of cases do settle — from 80 to 92 percent by some estimates.” Other sources even claim that this number is closer to 97 percent.

How often should nursing home residents be bathed? ›

1. Seniors don't have to bathe every day. Even though most Americans are used to showering every single day, it's not a strict requirement for good health. At a minimum, bathing once or twice a week helps most seniors avoid skin breakdown and infections.

What is classed as neglect in a care home? ›

Neglect includes not being provided with enough food or with the right kind of food, or not being taken proper care of. Leaving you without help to wash or change dirty or wet clothes, not getting you to a doctor when you need one or not making sure you have the right medicines all count as neglect.

When should you put your loved one in a nursing home? ›

If your loved one can't care for themselves, this is a surefire sign that they may need assisted living. Some other signs about when is it time to place a parent in a nursing home are that they: Need help eating, using the restroom, standing, walking, laying down, and performing personal hygiene routines.

What is the 2nd most common form of elder abuse? ›

Psychological abuse is the second most common form of elder abuse after neglect. It often consists of purposeful verbal or nonverbal infliction of emotional or mental anguish.

What is the most under reported type of abuse in the elderly? ›

Important statistics about nursing home neglect include:

The U.S. Justice Department notes that caregiver neglect is the most unreported type of abuse, with 1 out of every 57 cases being reported. Neglect is also one of the most common types of elder abuse.

What does fiduciary abuse mean? ›

What is fiduciary abuse? Fiduciary abuse occurs when one person has been legally entrusted with managing the assets or interests of another, and uses their authority in an illegal or unethical manner for personal gain.

What is verbal abuse in a nursing home? ›

The National Center on Elder Abuse defines verbal abuse as the infliction of pain, anguish, or distress through verbal acts. Nursing home staff may use verbal abuse in an attempt to coerce, degrade, frighten or punish nursing home residents.

What is an example of unintentional abuse? ›

Hoist sling digging in behind knees • Lifting with a handing belt, causing serious pressure to the diaphragm • Cutting fingernails too short • Not turning bed-bound service-user regularly, causing damage to skin on pressure areas • Dressing inappropriately for weather and causing cold or excessive heat.”

What happens if a care home doesn't have enough staff? ›

Consequences of Nursing Home Understaffing

Abuse and neglect become a bigger problem as the resident-to-staff member ratio increases out of control. This neglect and abuse on the part of the nursing home staff can cause psychological problems, physical illnesses, and even death among the nursing home residents.

How do I contact the local ombudsman? ›

Our telephone number is 0300 061 0614. It is open Mondays and Fridays from 1pm – 4pm, and Tuesday to Thursday from 10am – 1pm.

How do you address someone in a nursing home? ›

Whether you're sending it to a nursing home, business, or another venue, write the place's name underneath the recipient's name and after "C/O". If you're sending the letter to another person's home, swap the business' name for the person's name. So, for example, write: "C/O Jane Doe".

How do I lodge a complaint with the health department? ›

They must lodge their complaints with the complaints manager or the office of the hospital chief executive officer. Alternatively they can call the following hotline numbers 0800 233 886 or 011 488 4366.

How do you report illegal activity in the healthcare setting in New York? ›

Please submit any reports through the Health Care Bureau Complaint Form or call the Bureau's toll-free Helpline, 1-800-428-9071.

How do I contact NY state of health? ›

Call the NY State of Health Customer Service Center at 1-855-355-5777.

Who do you report elder abuse to in NY? ›

If you suspect someone is a victim of elder abuse, call the NYS Adult Protective Services Helpline at 1-844-697-3505 (8:30 a.m. to 8 p.m., Monday through Friday).

Who are mandated reporters in NY? ›

Certain professionals such as doctors, nurses, teachers, police officers, and child care center workers are mandated by New York State law to report suspected child abuse and neglect to the state hotline, the New York State Central Register (SCR).

What is an SCR report? ›

The SCR is a database that maintains a record of all reports of child abuse and/or maltreatment (neglect) based on calls made to New York State's central hotline.

What are the 10 types of abuse in care? ›

The Care and support statutory guidance identifies ten types of abuse, these are:
  • Physical abuse.
  • Domestic violence or abuse.
  • Sexual abuse.
  • Psychological or emotional abuse.
  • Financial or material abuse.
  • Modern slavery.
  • Discriminatory abuse.
  • Organisational or institutional abuse.

What is verbal abuse in a nursing home? ›

The National Center on Elder Abuse defines verbal abuse as the infliction of pain, anguish, or distress through verbal acts. Nursing home staff may use verbal abuse in an attempt to coerce, degrade, frighten or punish nursing home residents.

What are examples of abuse in healthcare? ›

Examples of Abuse
  • a pattern of waiving cost-shares or deductibles.
  • failure to maintain adequate medical or financial records.
  • a pattern of claims for services not medically necessary.
  • refusal to furnish or allow access to medical records.
  • improper billing practices.

What is an example of neglecting a patient? ›

Examples of Neglect

Not changing residents when they are wet or after an episode of incontinence. Ignoring bedridden residents. Not providing oral/dental care. Not giving residents regular baths.

What are the 5 signs of emotional abuse? ›

5 Signs of Emotional Abuse
  • They are Hyper-Critical or Judgmental Towards You. ...
  • They Ignore Boundaries or Invade Your Privacy. ...
  • They are Possessive and/or Controlling. ...
  • They are Manipulative. ...
  • They Often Dismiss You and Your Feelings.
23 May 2017

What is the most common abuse in adults? ›

The most visible form of abuse by far is physical abuse. The most common forms of this abuse include hitting, slapping, kicking, throwing things, scalding and even suffocation. Much of this abuse goes unnoticed or unreported.

What statements describes abuse? ›

Abuse is when someone causes us harm or distress. It can take many forms, ranging from disrespect to causing someone physical or mental pain. It can occur in someone's home, a care home, hospital or a public place. Often the people who commit abuse are taking advantage of a special relationship.

Is yelling at a patient considered abuse? ›

Some examples of verbal abuse include: Yelling, shouting, and screaming. Threatening and pretending to harm the patient.

What is considered elder abuse in NY? ›

Elder abuse includes not just physical abuse or neglect, but also emotional and financial abuse. And it is estimated that in two-thirds of cases, the perpetrator is a child or spouse of the victim.

Is yelling a form of elder abuse? ›

Emotional elder abuse takes place when an older person suffers harm through insults, yelling, or verbal harassment. It is also referred to as elder psychological abuse. Emotional abuse may be one of the most common forms of elder mistreatment.

Can a nurse refuse to treat an abusive? ›

If a nurse feels that a patient is abusive, the nurse has the right to refuse to care for that patient. The nurse should first attempt to resolve the issue with the patient and/or the patient's family. If the situation cannot be resolved, the nurse should notify the supervisor and/or the administration.

What is an example of unintentional abuse? ›

Hoist sling digging in behind knees • Lifting with a handing belt, causing serious pressure to the diaphragm • Cutting fingernails too short • Not turning bed-bound service-user regularly, causing damage to skin on pressure areas • Dressing inappropriately for weather and causing cold or excessive heat.”

Which of the following best describes a verbal complaint of patient abuse or neglect? ›

A “patient grievance” is a formal or informal written or verbal complaint that is made to the facility by a patient or a patient's representative, regarding a patient's care (when such complaint is not resolved at the time of the complaint by the staff present), mistreatment, abuse (mental, physical, or sexual), ...

How long does a nurse have to answer a call light? ›

Organizational Characteristics. Organizational policies and standards are also important to keep residents safe. According to nursing home administrators, all staff working in the unit are required to respond to all bed and chair exit alarms and must respond to the call lights within 5 min.

Can I sue a care home for neglect? ›

Can you sue a nursing home for negligence? You may be able to claim compensation if you have received negligent care that has caused an injury or illness you would not otherwise have suffered. You can also raise a claim on behalf of a victim who is unable to act for themselves legally.

Videos

1. NY Nursing Home Abuse Lawyer - Common Defenses of a Nursing Home Abuse and Neglect Case
(Friedlander & Mosher, P.C.)
2. Best New York Nursing Home Abuse Lawyer Attorney
(Top Lawyers)
3. New York Elder Abuse Nursing Home Neglect Lawyer Attorney
(The Hayes Firm)
4. Nursing Home Abuse and Neglect Lawyers New York - Selecting a Nursing Home
(Friedlander & Mosher, P.C.)
5. How To Prove Nursing Home Neglect In New York? by Samantha Kucher, Nursing Home Negligence Lawyer
(Kucher Law Group)
6. Loved One Abused or Neglected in Nursing Home: What Should I Do? | New York Attorney
(AskTheLawyers™)

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