Law Offices of Kevin T. Grennan
Do You Need a Nursing Home Negligence and Abuse Lawyer in Long Island, NY?
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New York Nursing Home Negligence and Abuse Attorney
More than 1.5 million Americans live in assisted living facilities. Experts predict that more than 4.5 million people will live in long-term care facilities by 2050. As demand increases with more families turning to nursing homes to look after their aging loved ones, instances of elder abuse are also predicted to rise.
As a nursing home negligence and abuse lawyer, I understand the tremendous emotional toll that nursing home abuse cases take. It’s not just about your loved one’s medical needs going unmet; it’s the added worry of additional medical bills, pain and suffering, long-term damage, and more. When a nursing home resident suffers, families and communities suffer as well.
The personal injury attorney at Grennan Law is proud to represent nursing home abuse plaintiffs all over New York City and Long Island, NY. Call us today for a free case consultation at (516) 745-5490.
What is Nursing Home Abuse?
“Nursing home abuse” is a type of elder abuse that refers to the harm, whether intentional or unintentional, of elderly residents in nursing home facilities. Responsible parties may include the person or persons on staff, a third party entrusted to care for the resident within the facility, or the nursing home facility itself.
Nursing home neglect and abuse fall into two categories: intentional harm and neglect. Intentional harm includes physical attacks, sexual assaults, emotional abuse, and financial abuse. Neglect includes failure to provide for basic needs, which can result in dehydration, malnutrition, medication overdoses, falls, infections, bedsores, pressure sores, skin ulcers, decubitus ulcers, osteomyelitis, septicemia, and gangrene.
Understanding “Standard of Care” in Nursing Home Abuse Cases
In bringing a nursing home abuse lawsuit, you may encounter the phrase “standard of care.” This refers to the expected degree of attention or concern that a reasonable person would exercise; in this case, it applies to the role of the caregiver and nursing home facility. Negligent care, insufficient staffing, or poor medical training put the facility and its staff in breach of the standard of care.
Nursing home staff at all levels are required to follow a strict set of rules that protect their patients from harm; this encompasses HIPAA regulations, regular check-ins, and medical standards of practice, as well as agreed-upon duties specified in the contract between the resident (or their legal signator) and the care facility.
Law Offices of
Kevin T. Grennan
New York Nursing Home Negligence and Abuse Lawyer
Free Case Evaluation
Do You Need a Nursing Home Negligence and Abuse Lawyer in NYC & Long Island, NY?
More than 1.5 million Americans live in assisted living facilities. Experts predict that more than 4.5 million people will live in long-term care facilities by 2050. As demand increases with more families turning to nursing homes to look after their aging loved ones, instances of elder abuse are also predicted to rise.
As a nursing home negligence and abuse lawyer, we understand the tremendous emotional toll that nursing home abuse cases take. It’s not just about your loved one’s medical needs going unmet; it’s the added worry of additional medical bills, pain and suffering, long-term damage, and more. When a nursing home resident suffers, families and communities suffer as well.
The personal injury attorney at Grennan Law is proud to represent nursing home abuse plaintiffs all over New York City and Long Island, NY. Call us today for a free case consultation at (516) 745-5490.
What is Nursing Home Abuse?
“Nursing home abuse” is a type of elder abuse that refers to the harm, whether intentional or unintentional, of elderly residents in nursing home facilities. Responsible parties may include the person or persons on staff, a third party entrusted to care for the resident within the facility, or the nursing home facility itself.
Nursing home neglect and abuse fall into two categories: intentional harm and neglect. Intentional harm includes physical attacks, sexual assaults, emotional abuse, and financial abuse. Neglect includes failure to provide for basic needs, which can result in dehydration, malnutrition, medication overdoses, falls, infections, bedsores, pressure sores, skin ulcers, decubitus ulcers, osteomyelitis, septicemia, and gangrene.
Understanding “Standard of Care” in Nursing Home Negligence and Abuse Cases
In bringing a nursing home abuse lawsuit, you may encounter the phrase “standard of care.” This refers to the expected degree of attention or concern that a reasonable person would exercise; in this case, it applies to the role of the caregiver and nursing home facility. Negligent care, insufficient staffing, or poor medical training put the facility and its staff in breach of the standard of care.
Nursing home staff at all levels are required to follow a strict set of rules that protect their patients from harm; this encompasses HIPAA regulations, regular check-ins, and medical standards of practice, as well as agreed-upon duties specified in the contract between the resident (or their legal signator) and the care facility.
A nursing home is required to:
- Care for the residents in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident;
- Provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care. The plan should describe the medical, nursing, and psychosocial needs of the resident and is to be periodically reviewed and updated; and
- Conduct a comprehensive assessment that describes the resident’s capability to perform daily routines.
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The 5 Kinds Of Nursing Home Abuse
Nursing home abuse falls under five broad categories: general neglect, physical abuse, emotional abuse, sexual abuse, and financial abuse. Nursing home abuse injuries can present within one category or in concurrence with other types of injury.
General Neglect
“Nursing home neglect” is a general term that refers to indifference and/or carelessness expressed towards a nursing home resident. All nursing home residents rely on the facility to provide a standard of care; failing to meet this threshold constitutes neglect.
General neglect may include:
- Failing to notice or report injury or illness
- Failing to address sanitation or hygiene issues
- Leaving residents unattended
- Failing to provide basic necessities, including food, water, shelter/shade, companionship, or medical assistance
- Exposing residents to loud noises, extreme temperatures, or uninhabitable conditions
Physical Abuse
Physical abuse describes any instance where the body of a nursing home resident is hurt by another person. Aging bodies often take longer to recover from physical trauma, any physical injury can become life-threatening.
Physical abuse can include, but may not be limited to:
- Restraining
- Force-feeding
- Pushing or shoving
- Hitting or slapping
- Biting, pinching, or scratching
- Intentional exposure to loud noises
- Intentional exposure to extreme temperatures
Emotional Abuse
Emotional abuse is the most common type of nursing home abuse. While it may not leave physical evidence, emotional abuse can nonetheless cause serious long-term scarring on the psyches of the affected people. Emotional abuse may result in a person’s loss of confidence, increase in paranoia, or feelings of anxiety and depression.
Emotional abuse can include any or all of the following behaviors, among others:
- Using hurtful words when assisting a resident
- Berating or cursing at a resident
- Threatening or manipulating a resident
- Lying to or intentionally disorienting a resident
Emotional abuse has arguably the broadest definition of the various types of nursing home abuse. If you believe you or a loved one has been the victim of emotional abuse in a nursing home, speak to a nursing home abuse lawyer immediately: (516) 745 5490.
Sexual Abuse
Sexual abuse is surprisingly common in nursing homes; research suggests that roughly 1-2% of people will experience sexual abuse after the age of 65. Any intentional act of sexual misconduct is a form of sexual abuse.
Nursing home sexual abuse may take any number of forms, including:
- Inappropriate touching
- Sexual innuendo
- Sexual assault
- Rape
Financial Abuse
Financial abuse is a term used to describe any intentional financial exploitation of a nursing home resident. Many nursing home residents have spent their lives saving up to be able to live comfortably and securely into their retirement. In a moment, financial abuse can strip that security away, leaving elderly people vulnerable to poverty.
Nursing home financial abuse includes things like:
- Unauthorized bank withdrawals
- Identity theft
- Forged signatures
- Misuse of power of attorney
- Coercion to change wills or trusts
- Theft
- Overcharging for Services
- Improper management of resident’s funds
- Medicaid fraud or insurance fraud
Common Signs Of Nursing Home Negligence and Abuse
If you or a loved one is a nursing home resident, be aware that any of the following conditions may be a sign of nursing home abuse or neglect:
- New pain complaints
- Falls, fractures, or head injuries
- Poor hygiene or lack of basic amenities
- Emotional agitation
- Withdrawal from family members or friends
- Mental confusion, including instances of wandering/elopement
- Unexplained bruises, cuts, and bleeding
- Malnutrition (weight loss)
- Dehydration and/or kidney stones
- Pressure ulcers (bed sores)
- Marks on the wrists or ankles
- Sudden emotional changes
- Torn or bloody clothing
- Bed sores (sometimes called pressure sores or decubitus ulcers)
- Bed injuries/asphyxiation
- Restraint Injuries and strangulation
- Infections or idiopathic (unexplained) illness
- Unexplained sexually transmitted diseases
- Unpaid bills, new credit cards, and/or cash withdrawals
- Unsanitary living environment, including soiled clothing or linens
If you notice any of the conditions listed above, contact Grennan Law immediately to begin a case evaluation: (516) 745 5490.
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The Statute of Limitations For Nursing Home Negligence and Abuse Cases
Cases involving elder abuse and/or neglect in New York are civil lawsuits. The state stipulates that cases against nursing home facilities typically be filed within the following time frames, starting from the date of injury (or the date of the discovery of injury):
- Assault and battery – 1 year
- Emotional distress, intentional – 1 year
- Emotional distress, negligent – 3 years
If you or a loved one have encountered nursing home abuse and neglect, don’t wait: call Grennan Law as soon as possible at (516) 745 5490. We offer free consultations on all nursing home abuse cases. Common Injuries from Nursing Home Abuse and Neglect
Abuse in nursing homes may look different depending on the case, but our experienced nursing home abuse lawyer has encountered all of the following injuries, as well as others:
- Bedsores (pressure ulcers) are caused by prolonged pressure on the skin due to immobility, often resulting from neglect.
- Fractures and broken bones from falls, lack of supervision, or physical abuse.
- Dehydration and malnutrition occur when residents are not provided with adequate food and fluids.
- Infections, including urinary tract infections (UTIs), sepsis, or pneumonia, often result from poor hygiene and medical care.
- Bruises and cuts from physical abuse or improper handling.
- Emotional and psychological trauma resulting from verbal abuse, isolation, or intimidation.
- Medication errors, including incorrect dosages or medications, lead to adverse health effects.
- Burns from scalding water or exposure to dangerous heat sources due to lack of supervision.
- Head injuries from falls or physical abuse lead to concussions or more severe brain injuries.
- Choking injuries resulting from improper feeding or lack of supervision during meals.
Wrongful Death In Nursing Homes
It comes as no surprise that nursing homes see a fair number of natural deaths; given the advanced age of their residents, one would expect to see this. However, some nursing deaths are wholly avoidable; these cases are the result of negligence or abuse from someone in a caregiver role. These are called “wrongful death” cases and follow a very specific protocol in New York State courts.
We highly advise working with an experienced nursing home abuse lawyer in cases involving wrongful death. Call Grennan Law to learn more: (516) 745-5490 We offer free consultations on all nursing home abuse cases.
Meet Kevin Grennan, Nursing Home Negligence and Abuse Lawyer in NYC & Long Island, NY
After nearly three decades of practicing law, Kevin Grannan brings a wealth of experience to every nursing home abuse case. His practice includes every type of injury, from nursing home negligence to sexual abuse, financial exploitation, and more. Kevin believes that residents of assisted living facilities—and their family members—deserve the peace of mind that comes with competent legal representation.
Kevin approaches each case with clear-eyed compassion, providing care through professional advice and legal representation. His ultimate goal is to hold the negligent parties accountable and recover full, fair compensation for your injuries.
Kevin is committed to helping you and your loved ones understand their legal rights pursuant to their nursing home abuse claim.
Nursing Home Negligence and Abuse: Frequently Asked Questions
When do I need a nursing home abuse lawyer?
If you believe you or a loved one has been the victim of nursing home abuse or neglect, it is important that you speak to a lawyer about your case as soon as possible. The nursing home abuse attorney at Grennan Law offers free consultations, including a full claim evaluation by an attorney specializing in nursing home lawsuits. We do not collect fees unless we recover money on your behalf.
The state of New York has statutes of limitations with nursing home abuse cases depending on the type of abuse, you typically have between one (1) and three (3) years to file your case. Call Grennan Law today to begin the process: (516) 745 5490.
What is the statute of limitations for nursing home abuse in New York State?
New York statute of limitations—the deadline for filing a lawsuit—is between one (1) and three (3) years from the date of the abuse or the date that the abuse was discovered. Cases involving assault, battery, or intentional emotional distress have a one-year statute; cases involving negligent emotional distress have a three-year statute of limitations.
If you believe you have a valid legal complaint against an assisted living facility, speak to a nursing home abuse lawyer today to discuss your options: (516) 745 5490.
Do I have a valid nursing home abuse case?
The viability of your nursing home abuse case depends on four factors:
- STANDARD OF CARE: the nursing home must have been legally entrusted to protect and care for the injured party. Nursing homes must uphold the expected standard of care for someone in a caregiver role.
- BREACH OF DUTY: the nursing home facility and/or caregiver must have failed to care for the resident in such a way as to have potentially caused harm.
- LIABILITY: the nursing home facility or caregiver’s behavior or inaction must be the most likely cause of the resident’s injuries
- HARM: there must be an injury—physical, mental, and/or financial—to collect legal damages.
A qualified nursing home abuse lawyer will be able to tell you if your case has merit. During your free case evaluation, our team of highly trained nursing home abuse specialists will ask questions pertaining to your case to make sure that your case has a high likelihood of success.
Filing a nursing home abuse case can be a complicated process. Many people choose to file through an experienced nursing home abuse law firm to not only expedite the process but also avoid making mistakes that could jeopardize their claim. Call Grennan Law today to discuss your claim: (516) 745 5490.
