New York Nursing Home Abuse Lawyer

What Is Considered Nursing Home Neglect or Abuse?

All nursing homes have a general duty of care towards their patients. Any pain or damage that occurs as a result of this breach, omission, or neglect of this duty of care can be considered nursing home abuse. Any issue that fits this definition can be grounds for suing a nursing home for negligence or abuse.

In summary, nursing home abuse or negligence arises from three elements:

1.   Duty of Care
2.   Breach, omission, or neglect of the duty of care
3.   Attendant consequences such as injury, damages, or hurt to the victim

Sadly, the New York Elderly Abuse Prevalence Study reports that an estimated 260,000 residents have experienced one form of abuse within a 12 month period and about 1 out of 24 cases were reported to the authorities.

Nursing home negligence and abuse are inexcusable and the guilty party deserves to be held accountable.

Have your loved ones been treated unfairly by nursing home caregivers?

If so, you have a legal right to hold the staff responsible and file a nursing home lawsuit for their actions by hiring an attorney for nursing home negligence to pursue legal proceedings against them. It is important to find the best possible lawyer for nursing home neglect in New York State if you are planning to prosecute a nursing home for negligence or abuse.

We are a fully-equipped Long Island nursing home abuse law firm that can handle your case and ensure the rights of your loved ones are fully upheld.

Forms of Nursing Home Abuse & Nursing Home Negligence

Nursing home abuse or nursing home negligence may occur in different forms. There are four easily recognizable categories:

• Physical Abuse or Neglect: This may involve pushing, trips and falls, hitting, omitted check-ins, neglect to administer drugs or treatment, etc.
• Emotional/Psychological Abuse: This involves manipulative mechanisms such as withholding mail, falsifying facts to induce actions or reactions, use of derogatory words, etc.
• Sexual Abuse: Causing or coercing patients to engage in sexual acts without their consent or in the absence of their capacity to give consent. It also includes sexual harassment,
• Financial Exploitation: Inducing or extorting money or other valuable items from patients in exchange for paid services or care.

Common Examples of Nursing Home Abuse

A study by Nursing Home Abuse Justice indicates that elderly abuse is the most common example of nursing home abuse. Examples of abuses in a nursing home include:

• Elder Abuse in Nursing Homes – A survey published in the European Journal of Public Health (2018) reveals that 2 out of 3 staff of nursing home and long term care facilities reported to have committed some form of abuse in the previous year and further predicts an increase.
• Fall Related Injuries in the Elderly
• Elderly Bed Sores
• Nursing Home Negligence

Nursing Homes & The Federal Arbitration Act

The Federal Arbitration Act, enacted on February 12th, 1925 provides for judicial facilitation of private dispute resolution through arbitration. It applies to state and federal courts and was upheld in Southland Corp. v. Keating in 1884.

The Federal Arbitration Act provides for contractually-based, compulsory and binding arbitration. This model results in an arbitration award entered by an arbitrator or arbitration panel as opposed to a judgment entered by a court of law. In arbitration, the parties give up the right to an appeal on substantive grounds to a court.

The Federal Arbitration Act requires that where the parties have agreed to arbitrate, they must do so instead of going to court. Nursing homes have been burying a mandatory arbitration clause deep in their admission documents.

In the Supreme Court case of Marmet Healthcare Center v. Brown et al in February 2012, the Supreme Court found the practice to be completely legal. Since then, most long term care facilities have been amending their agreements to include that all disputes be settled via binding arbitration. By signing this agreement, patients waive their rights to a jury-based trial. Nursing homes claim that arbitration is the right move from an economic standpoint, saying that it is cost-effective and efficient.

The Other Side of the Argument

It is reprehensible when nursing homes take advantage of older people who may have a diminished mental capacity and also of family members who are vulnerable and are trying to do the right thing for their loved one.

Even with long, sometimes confusing text signed during a time of stress, people may not realize or understand that when signing the admission documents, they become contracts and are binding.

Many states have specifically ruled about the legality of these binding arbitration clauses with some states backing the clause and some states refusing to allow the arbitration clause. The courts or legislature in New York State have not addressed the issue, therefore, arbitration clauses will be enforced in New York.

Don’t Sign Anything Without a Professional Lawyer

It is vital that before you sign any paperwork for anything as important as moving a loved one into a nursing home, you should contact an attorney for nursing home neglect to go through the paperwork with you to make sure you know what you are signing.

Let Us Be Your Long Island Nursing Home Abuse Lawyer

You have a right to be compensated for your injuries, pain and suffering, and damages. We will ensure your rights are protected as your Long Island nursing home abuse lawyer. Our goal is to make sure you receive the compensation you deserve quickly.

Call the Law Offices of Elan Wurtzel today to get started with a free consultation!