Nursing Home Abuse Lawyers in Buffalo, NY
Cases as poignant as nursing home abuse and neglect reflect the need for qualified, compassionate, and skillful legal representation. At Hiller Comerford Injury & Disability Law, we take our responsibility as an advocate for your loved one in long-term care seriously. We hold negligent nursing homes and careless staff accountable for their actions and lack of care, protecting the interests of vulnerable residents.
Our extensive history as nursing home lawyers has made us the go-to firm across western New York. We strive to ensure that every long-term care resident receives our compassion and the most compensation possible for their experience.
Our Nursing Home Abuse Lawyers Truly Care
The decision to place a loved one in a nursing home or assisted living facility is a difficult one for many families. Putting the care and health of your loved one in the hands of a residential care facility requires a lot of trust in the home’s staff and their training.
If you trusted a skilled nursing facility, assisted living home, or another long-term care service to support your loved one but have noted indications of abuse or neglect, you aren’t alone. Sadly, many people will prey on the most vulnerable.
Nursing home negligence takes many forms, and sometimes it’s hard to distinguish genuine abuse or neglect from common accidents that elderly people have. Experienced nursing home abuse lawyers can determine the true nature of the abuse and how it happened. When you choose Hiller Comerford Injury & Disability Law, you’ll get the benefit of not just our legal knowledge but also the niche experience of our expert witnesses and advisors.
The Role of Nursing Homes
Nursing homes and assisted living facilities are residential homes that provide long-term care and medical treatment for the elderly and infirm. Staff members help residents get dressed, bathe, and even use the bathroom. Many people in these communities have difficulty with mobility, so care workers may have to transfer them from bed to a wheelchair or walker or help them move from sitting to standing.
Because many people in these homes are already in poor health or have difficulty caring for themselves, accidents can happen. However, nursing homes have a duty to care for their residents and keep them safe, comfortable, and as healthy as possible.
What Are the Signs of Nursing Home Abuse and Neglect?
Approximately one in 10 Americans over the age of 60 have experienced some form of abuse or neglect. The signs of nursing home neglect or abuse may be mistaken for the ordinary course of aging. However, if your loved one exhibits any of these signs of abuse, it’s time to call nursing home abuse lawyers.
Signs of abuse:
- Bedsores
- Broken bones
- Bruises
- Medication overdose or medication withholding
- Head injuries
- Scratches
- Sudden death
Some instances of nursing home abuse are characterized not by active harm being inflicted on a person, but by the effects of not being cared for.
Signs of neglect include:
- Malnourishment
- Dehydration
- Soiled bedding or clothing
- Poor hygiene
When residents of nursing homes are emotionally abused, they may experience significant mental distress.
Signs of emotional neglect or abuse include:
- Complaints of poor treatment
- Frequent crying
- Agitation
- Fear, especially when staff members are around
While some of the signs of emotional abuse may be similar to symptoms of dementia, and some signs of physical abuse may simply indicate a person’s mobility challenges, it’s always best to take steps to ensure that your loved one is protected. Nursing home abuse lawyers can help.
Types of Nursing Home Abuse
Nursing home abuse takes many forms, some of which can be more difficult to detect than others. While physical abuse is often the most visible, other types of abuse can cause significant harm to vulnerable residents.
- Physical Abuse: This includes any form of physical harm inflicted on a resident, such as hitting, shoving, or using restraints without medical necessity. Physical abuse can lead to visible injuries like bruises, broken bones, or even death.
- Emotional or Psychological Abuse: Emotional abuse involves verbal insults, threats, humiliation, or intentional isolation of a resident. Victims may exhibit signs of depression, anxiety, or fear, especially around staff members.
- Financial Abuse: This occurs when a nursing home staff member, caregiver, or even another resident exploits a person’s financial resources. Financial abuse includes stealing money, forging checks, or manipulating residents into signing over their financial assets.
- Neglect: Neglect is one of the most common forms of nursing home abuse and happens when a facility fails to provide adequate care, whether intentionally or due to understaffing. Neglect can manifest in malnutrition, dehydration, unsanitary living conditions, bedsores, or failure to administer necessary medication.
- Sexual Abuse: Sexual abuse involves any non-consensual sexual contact or activity with a resident. Given that many nursing home residents are physically or cognitively impaired, they may not be able to consent to or even understand what is happening. Signs of sexual abuse may include unexplained genital injuries, sexually transmitted infections, or sudden changes in behavior.
- Resident-on-Resident Abuse: In some cases, abuse is perpetrated by fellow residents rather than staff. This can take the form of physical assaults, verbal abuse, or even theft. It’s the responsibility of nursing home staff to ensure that residents are protected from harm by others within the facility, and failure to intervene or provide adequate supervision may constitute neglect.
I Think My Loved One Is Being Neglected. What Can I Do?
Documentation of any of the above signs of neglect and abuse is vital to building a nursing home abuse case. Like all evidence, if nursing home injuries aren’t recorded quickly, the evidence can fade as the person heals. Many people in nursing homes may also be affected by memory decline and may forget that the injuries or abuse occurred.
Documenting what you’ve personally witnessed, from taking photos or videos to transcribing what your loved one tells you, is critically important for your nursing home abuse lawyer.
Documenting these instances on a calendar or dating your photos, videos, and recordings can help to establish a pattern of long-term neglect. Especially when dealing with a patient who vacillates between lucidity and senility, getting timely testimony is of the utmost importance.
Contact nursing home abuse lawyers as soon as you suspect something is amiss in the long-term care facility. Your attorney can guide you through what to ask your loved ones and how to best protect them while building the case.
Nursing Home Residents’ Rights in New York
Under both federal and New York state laws, nursing home residents are entitled to a wide range of rights designed to protect their dignity, health, and well-being. These laws, including the federal Nursing Home Reform Act (NHRA) and New York’s Public Health Law, ensure that residents receive proper care, respect, and protection from abuse or neglect while residing in long-term care facilities.
Some key rights of nursing home residents in New York are entitled to include:
- The Right to Dignity and Respect: Nursing home residents have the right to be treated with dignity, respect, and consideration for their individuality.
- Right to Privacy and Confidentiality: Residents are entitled to privacy regarding personal matters, including their medical care.
- Right to Participate in Care Decisions: Residents have the right to be informed about their medical condition and treatment options.
- Freedom From Restraints: The use of physical or chemical restraints is prohibited unless medically necessary and authorized by a doctor.
- Right to Complain: Residents have the right to voice grievances without fear of retaliation. They can file complaints about their care or treatment with the nursing home administration, state health agencies, or even legal authorities.
- Right to Visits and Social Interaction: Residents are allowed to have visitors, communicate privately with friends and family, and participate in social, religious, and community activities as long as they do not interfere with the rights of other residents.
- Right to Proper Medical Care: Nursing home residents are entitled to proper medical, nursing, and rehabilitative care.
- Financial Rights: Residents have the right to manage their own finances or designate someone they trust to manage them. They should also receive a clear and complete accounting of any personal funds managed by the facility.
How Can Nursing Home Lawyers Help Me?
If the nursing facility knows that you’re documenting your loved one’s condition or your nursing home abuse lawyer has already served them with written notice, then their staff may try to clean up their act.
Every nursing home abuse claim has a deadline for filing, known as a statute of limitations. In New York, the statute of limitations is three years. Your attorney will ensure that you meet this deadline for filing and that you have the appropriate documentation to support your claim. They’ll also walk beside you during the process, from initial filing through testimony, mediation, and trial in a court of law if necessary.
Don’t take on a nursing home and their insurance company alone. Have an advocate, like those at Hiller Comerford Injury & Disability Law, by your side.
Has Your Loved One Been a Victim of Nursing Home Abuse?
If you suspect that your loved one has been a victim of abuse or neglect, call a lawyer. Nursing home abuse lawyers are skilled at protecting the interests of vulnerable, frail seniors who cannot advocate for themselves.
At Hiller Comerford Injury & Disability Law, we are dedicated to providing expert witnesses and testimony who can help hold bad nursing homes and their staff accountable. We work with clients across Western New York.
Contact us today for a no-obligation consultation on your case.
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