When you imagine the ideal nursing home, you likely think of skilled, compassionate staff, pleasant and clean surroundings, and happy, well-groomed residents who receive plenty of attention. Unfortunately, not all residential healthcare facilities meet these ideals. In fact, some fall far short of acceptable standards.
Nursing home patients are vulnerable due to many factors. They might live with disabilities, have chronic diseases, or face the challenges of advancing age. They might also have less social interaction than others, especially if they are unmarried or have no living family members.
Our New York law firm, Hill & Moin, has dedicated over 4 decades to fighting injustices by practicing personal injury law. We treat our clients like family, and that includes making sure they understand their legal rights. Learn what nursing home neglect is by reading through this blog, and contact us if you suspect that you or a loved one has been a victim.
How Neglect Happens
The definition of nursing home neglect: Nursing home neglect occurs when a caregiver fails to fulfill his or her duties.
What are the responsibilities of a caregiver? The New York State Department of Health requires nursing homes to provide:
Dignity: Respectful treatment, regardless of age, gender, or socio-economic status
Privacy: Care of medical and personal needs without intrusion from fellow residents or non-essential staff and the ability to possess personal items
Communication: Access to family, friends, and services inside and outside of the assisted living facility, including mail, telephone, and in-person visits without supervision
Freedom of choice: Ability to choose activities, schedules, and healthcare to the fullest extent possible
Information: Details regarding policies, policy changes, and other factors that may affect life within a nursing facility
Safety: Physical safety in a secure environment
Clean and comfortable surroundings: Tidy and hygienic premises free of health and safety hazards
Freedom from abuse: Rough handling, physical violence, sexual assault, or verbal cruelty
Freedom of movement: Absence of chemical or physical restraints for non-medical reasons
A means of reporting complaints: A way for residents or their family members to express grievances without retaliation
Taking care of sick, frail, or elderly nursing home residents is not easy. According to one focus group, being short on staff is a common occurrence that could lead to neglect in care facilities. For example, busy CNAs might not have time to perform range-of-motion exercises or reposition all bedridden patients. Such negligence, though not malicious, could lead to rigid joints or bedsores.
Yet, caregiver stress or understaffing is not an excuse to treat the people under his or her care poorly. And, of course, aggression and hostility have no place in a caring nursing home facility. Whether intentional or unintentional, neglect is an issue that should not be taken lightly.
How to Recognize the Signs of Neglect
Residential care facilities in New York must have written policies based on the state and federal regulations described in the previous section. If these rights are violated, nursing home residents and their families can report complaints and take personal injury actions with the help of a nursing home abuse and neglect lawyer.
To learn the signs of nursing home neglect, call (212) 668-6000 for a free consultation. You can also examine this list of indicators published by Adult Protective Services:
Bruises, cuts, welts, scars, burns
Bedsores (pressure ulcers)
Signs of hair pulling
Unexplained broken bones or head injuries
Sexually transmitted diseases
Malnutrition, dehydration, or unexplained weight loss
Dirty clothing or bed linens
Excessive fear, paranoia, depression, or withdrawal
Insomnia or excessive sleep
Signs of excessive medication or lack of medication
Sometimes the signs of neglect are clear. In other cases, you might need professional assistance to determine whether negligence is causing harm to a nursing home resident. Not every victim of nursing home negligence shows the same symptoms.
You cannot assume that your relative will tell you what is happening. If you suspect your loved one is being neglected, please get in touch with our legal team to learn how our results-oriented attorneys can assist you.
Consult With a Lawyer For Free to Find Out If You Have a Case
The role of nursing home abuse and neglect lawyers is to advise and support victims. At Hill & Moin, we want to do what we can to help you. One way clients learn about their legal options is by taking advantage of our free consultations.
Complete the brief contact form with a description of the negligent behavior that you suspect occurred at a New York nursing facility. A member of our professional Personal Injury Recovery Solutions® team will contact you to schedule an appointment at your earliest convenience.
If you prefer, you can speak with a representative now. Our telephone lines at (212) 668-6000 are available 24 hours a day, 7 days a week. The consequences of nursing home negligence are too serious to ignore. Don’t wonder about your rights! Contact Hill & Moin today.
P.H. was working and delivering food to customers on his electric bicycle. He had just finished making a delivery and was heading to a 7/11 store to buy snacks and refreshments. He was riding the electric bicycle in the crosswalk when he was struck by a vehicle. This accident resulted in P.H. suffering a fractured tibia in 2 places in his right leg that required surgery.
P.H. was not satisfied with his original attorney. He began searching for a new law firm to handle his case and was recommended to Hill & Moin. Hill & Moin explained to P.H. all facts of the case and advocated for the best settlement possible. Thanks to their hard work ethic and dedication to their client, P.H. became the recipient of a full insurance policy settlement.
Upon hearing the news of the outcome, P.H. was happy and could not wait to pick up his settlement check. He commended the office’s hospitality and communication skills. P.H. would recommend Hill & Moin to personal injury victims seeking superlative legal representation.
V.G. is a sheetrock installer who was working on a new construction residential project in Brooklyn. One day, while working on a wobbly ladder, V.G. fell and sustained multiple injuries including a fractured left wrist. Because of this injury, V.G. had experienced significant pain and suffering which resulted in him needing surgery.
Due to his unfortunate incident, V.G. sought to find a reputable law firm with years of experience to help him obtain compensation for the harm he endured. His search led him to Hill & Moin. Once V.G. reached out to Hill & Moin, he was immediately met with steadfast care and diligence. Hill & Moin made sure that he was in the best hands throughout the whole process. Because of Hill & Moin’s excellent and reliable staff, V.G. was able to earn a settlement of $3.55 million.
V.G. was elated to hear that Hill & Moin was able to secure such a large settlement. This favorable result reinforced his belief that Hill & Moin is an excellent law firm that can garner multimillion dollar awards. V.G. was beyond satisfied with their fantastic representation and communication. Whenever V.G. needed anything, Hill & Moin did their best to be of assistance. V.G. would unequivocally recommend Hill & Moin to anyone who suffered a personal injury.
J.M. was living in a NYCHA building with his girlfriend. He had decided to head outside and took the stairs. He was going down the stairs when he tripped and fell due to a defective step. This incident resulted in J.M. suffering a fractured left foot.
J.M.’s search for a well-established and professional law office with decades of experience led him to Hill & Moin. He investigated their prior results and knew this was the firm for him. He gave them a call and their office immediately began working on his premises liability case. Thanks to their legal expertise and determination to obtain the best results, J.M. became the recipient of a six-figure settlement.
J.M. was very pleased upon learning the outcome of his case. He described working with Hill & Moin as excellent and commended their great communication skills and exceptional staff. J.M. highly recommends Hill & Moin to anyone who has suffered a serious personal injury as a result of an accident and is looking for high quality legal representation.
Audrey C. and her husband were heading to their car that was parked in a parking lot. She had noticed that a truck was blocking the exit to the driveway and her car would not be able to squeeze through. She decided to walk over to the two truck drivers to ask that they move their truck and as she was walking over, she slipped and fell due to ice. Audrey C. suffered a fractured leg.
Audrey C. began searching for legal representation and was recommended by a colleague to Hill & Moin. Although the case was complicated by a bankruptcy, through Hill & Moin’s many years of experience and legal expertise, Audrey C. became the recipient of a $260,000 settlement. The client raved about the quality of legal representation she received and could not have been happier with the outcome.
M.L. never could have imagined that a visit to her sister would end in a fall on defective steps causing a fractured ankle. She knew that she would pursue her legal remedy.
M.L. decided to search for a reputable law firm with many years of experience and proven results and was recommended to Hill & Moin. Upon contacting the office of Hill & Moin, she sat with premises liability attorneys who understood what she was going through and explained all the nuances of the legal proceedings. Thanks to their hard work and legal expertise M.L. knew she had attained the best possible results – a $355,000 settlement.
M.L. was very impressed and ecstatic with all that Sandy and Cheryl did for her. She appreciated all of the attorney and staff members’ exceptional communication skills in answering her questions and responding to her concerns. M.L. plans to use some of her settlement proceeds to go on vacation to Puerto Rico and visit friends and relatives. She recommends Hill & Moin to all seriously injured victims looking for experienced and reputable legal representation.
G.D., a retired dentist, wanted to enjoy a cool and beautiful summer night. He met up with his son to catch up and walk over to the boardwalk. G.D.’s son was walking in front of his father when he suddenly heard his father fall behind it. This incident was caused by a defective sidewalk and resulted in G.D. suffering a torn meniscus, partial ACL tear in his right knee and fractured arm.
G.D. began his search for a high quality and reputable law firm with proven prior results and was recommended to Hill & Moin. He looked into the firm and was impressed by their prior results and the high reviews online by former clients. G.D. contacted and retained the firm. Hill & Moin immediately went to work on his slip and fall case and thanks to their legal expertise, drive and determination to achieve the best results, G.D. was the recipient of a $350,000 settlement.
G.D. was very impressed upon learning the outcome of his case. He described working with Hill & Moin as excellent and commended the staff members for their wonderful communication. G.D. highly recommends Hill & Moin to those looking for a most qualified and excellent law firm to handle their personal injury cases.
Little did T.S. know that when she went to the church food pantry, she would fall on an unmarked step when exiting the premises, resulting in a fracture of her left knee.
While searching for a top-notch personal injury firm, she was recommended to Hill & Moin. T.S. did her research and was extremely impressed by the firm’s prior results and settlements. She retained the firm and, thanks to Hill & Moin’s dedication, T.S. was the recipient of a $295,000 settlement.
T.S. was excited about the unexpected outcome of her trip and fall case. T.S. emphasized that the attorneys did an excellent job handling her litigation and praised the staff who treated her so well. T.S. plans to use some of her settlement proceeds to renovate her house. T.S. recommends that seriously injured victims of negligence in New York City and New York State contact Hill & Moin.
After suffering from a life-altering injury you will need substantial time to recovery and you may be unable to work and receive your usual paycheck. As you are recovering, you might see bills begin to pile up and experience a sense of panic as to how you are going to pay them. Personal injury cases may take years to settle and within that time the bills will continue to mount. Your workers’ compensation benefits might be delayed or might be insufficient to sustain your daily cost of living. It might come as an initial shock to see that you won’t be able to pay your monthly bills and will need a loan to bridge the gap. No matter the case (slip and fall, construction accident, auto accident, medical malpractice) a loan may be the only route to help you stay afloat until the end of your case. In New York State, funding companies provide lawsuit loans or pre-settlement loans. This is a funding option given to plaintiffs as they wait for their case to resolve.
Lawsuit loans are vastly different than personal loans. Generally, when you take a pre-settlement loan in a personal injury case, the lender will not seek repayment in the event that you lose your case, just as the personal injury attorney will not seek repayment of their expenses if you lose your case. This means that it is extremely risky for a funding company to lend money to you. As a result, the funding company will charge extremely high interest rates. Some interest rates may reach 27%-60%. Be certain to read the terms of your contracts to know exactly what you are signing. Because the interest rates are so high, if and when you get a settlement, you may notice a large deduction from your gross recovery. The funding company will be paid back directly from your settlement proceeds. The good thing is the funding companies will not need to evaluate your credit history when offering you a loan because their determination whether to extend you a loan will be solely based upon the merits and value of your case.
How do I Know if I Need to Take Out a Loan?
The decision to seek a pre-settlement loan is a very serious one that can have major implications on your future financial recovery. Before you decide you need the loan, look at all your fixed costs and make a budget for yourself. Look to see if there are adjustments that can be made to your budget that might eliminate your need to take the loan. If friends or family can loan you money instead, you would be well advised to borrow from them instead of a funding company. Friends and family do not charge extremely high interest rates.
If you think a loan might be absolutely necessary, reach out to your attorneys to get their advice as to whether you should get such a loan. Your attorney may be able to advise you of the legal implications of the loan, and if you decide to proceed with the loan, advise you of the companies that may offer you the best terms. Never sign anything before carefully reading a funding loan agreement and speaking with your attorney. If you do proceed with the loan, you must understand that the interest owed to the funding company will grow exponentially over the life of your case.
If you recover money in your case, the funding company will have an enforceable lien on your funds. You will only receive your settlement check after the attorney is paid, the disbursements on the case are repaid to the attorney and all liens including loans, Medicare, Medicaid, doctors’ bills and public assistance repayments are paid. The amount you owe the funding company will come out of the settlement before you receive your check. So, it is important that you understand what you are getting yourself into before you rush into taking out a loan. Lawsuit loans are also not regulated in the manner of a personal loan such as a mortgage or car loan, which is why it is crucial you deal with a reputable company. Some might characterize the transaction, not as a loan, but as a high-risk investment in your case.
Medical bills, lost wages, and daily living expenses may collectively cause a great burden for you as you try to recover from a catastrophic injury. Your well-being is paramount as you await the settlement of your case. A loan may empower you financially and put you back on your feet as everything gets sorted out. Unfortunately, the loan may cost you a significant amount of your recovery from your case. Before you rush to borrow from a funding company, contact your attorneys to alert them to your financial situation so they may advise you of the best plan to secure your future.
){kind=logo}
