It is never an easy decision to move your elderly loved one into an assisted living or rehabilitation facility. However, sometimes, it is the only option as your loved one may require round-the-clock care. Unfortunately, there are times when nursing home staff do not provide adequate care which results in serious injuries and even death. If your elderly loved one is the victim of nursing home abuse or neglect, it is imperative to contact a trusted New York City Nursing Home Neglect Lawyer who can help you navigate your legal options. Keep reading to learn about the common signs of nursing home abuse and neglect to ensure your loved one receives adequate care.
What is nursing home abuse and neglect?
Essentially, nursing home abuse occurs when a resident of an assisted living facility suffers physical, emotional, and psychological harm because of the negligent actions of their caregiver. Sometimes nursing home abuse occurs because the nursing home staff is careless and neglects to take proper care of a resident. However, nursing home abuse can also occur when a caregiver maliciously and intentionally harms a resident. Unfortunately, nursing home abuse and neglect can take many forms and it is often difficult to recognize. Although it often goes unnoticed, it is critical to know some of the common signs of nursing home abuse and neglect to ensure your elderly loved one is being treated and cared for properly. The following include signs of nursing home abuse and neglect:
- Lack of hygiene
- Bed sores
- Unsafe living conditions
- Unsanitary living conditions
- Failure to provide the proper medications
- Dehydration or malnutrition
- Unexplained injuries
- Unexplained death
- Unusual or sudden behavior change
- Isolation or non-communicative
- Emotionally withdrawn or agitated
- Reluctance to speak to visitors in front of nursing home staff
How long do I have to pursue legal action?
In New York, not only can a negligent caregiver be held liable for nursing home abuse, but the facility itself can also be held liable. Assisted living and rehabilitative facilities are responsible for hiring employees with the proper training and experience to provide adequate care for their residents. When these standards are not met, the caregiver and the nursing home can be liable for any damages that occur as a direct result of their negligence.
If your elderly loved one has informed you that they are being abused or neglected, you have three years from the date of the incident to file a claim against a negligent party. Essentially, if you fail to file a claim within this timeframe, you will relinquish your right to take legal action in the future to collect compensation for your damages.
If you are unsure of how to proceed after discovering your loved one has been a victim of nursing home abuse or neglect, please contact one of our skilled and determined team members. Learning that your elderly loved one has been mistreated can be overwhelming. Don’t navigate this legal process alone. Allow our firm to fight on your behalf today to achieve favorable results.