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How Much Is A Nursing Home Neglect Case Worth?
No doubt you and your relatives thought long and hard about the decision to place an elderly member of your family in a nursing facility. After much research, analysis, and family discussion, you located a nursing home that met the criteria for your elderly parent, grandparent, or other loved one. What relief you felt!
It can be crushing to realize or learn that your elderly loved one is being neglected or abused at the nursing facility. The New York law firm of Hill & Moin LLP sympathizes with you as if your loved one were our own family member. We are infuriated when we receive reports of dear elderly ones being treated with disrespect and a lack of care.
In the case of nursing home abuse, you and your family have been hurt enough. You have the right to pursue compensation. Let us discuss a part of this road to recovery – how much your case may be worth.
Compensation Amounts Available
We would prefer that our dear loved ones never experience abuse or neglect. However, it is an unfortunate reality that reports of elder abuse and neglect are on the rise. Those who are responsible for such neglect should be held accountable. A principal way that individuals and entities are made accountable is through monetary compensation.
Many factors can influence the restitution amount an individual receives for the negligence or abuse they endured at a nursing facility. It has been reported that the average amount received in the nation’s nursing home abuse cases is a little over $400,000.
However, each case is unique, and the specific circumstances will influence the compensation attainable. That being said, the same study remarked that the “Average recoveries for nursing home claims nationwide…appear to be larger than the average medical malpractice payout.”
Factors Which May Influence Your Compensation
Nursing home neglect can come from a staff member who deliberately ignores the needs of a patient. It could be a facility employee who is careless and inattentive. In either case, an individual’s actions or inactions influence the case.
The principal factors that affect a nursing home abuse case are the following:
- The extent of the injuries to the victim – The range of injuries varies for each case. Intentional abuse could easily cause broken bones or other severe injuries. Inattention, perhaps not maliciously done, can leave a victim with bedsores or malnourished.
- Property losses – The theft of property, money, and even identity can be perpetrated against a nursing home resident.
- Pain and suffering experienced by the victim – It is difficult to quantify the emotional turmoil, anxiety, and stress that an elderly loved one must endure in the case of nursing home abuse. Yet, financial compensation for these emotional damages may be awarded.
Types of Compensation
The damages awarded will be categorized as one of the following:
- Economic damages – This would include the resulting hospital bills and rehabilitation because of the injuries sustained in a nursing home. This would also cover the costs related to stolen property and money.
- Non-economic damages – This is the compensation in connection to the pain and suffering the victim felt and perhaps continues to feel because of their abuse or neglect.
Understanding what New York law considers to be part of each of the above categories can be challenging. The legal criteria for these topics can be complicated and confusing. With an experienced lawyer on your side, you do not need to feel overwhelmed.
Hill & Moin LLP’s broad network of attorneys understands these laws, and we know how to apply them to your advantage. We can give you the confidence you need to pursue your legal remedies for compensation.
Example of a Settlement in the US For Nursing Home Neglect Cases
Each case has a unique set of circumstances. However, the following experience indicates a possible monetary amount that could be applied to similar cases of nursing home neglect.
In the Chicago area, a nurse used water from an industrial coffee machine in the facility’s kitchen as bath water for an elderly woman. The water was at a temperature of 185 degrees. The nursing home resident experienced second-and third-degree burns due to this negligent act.
Sadly, she passed away from the related health problems connected to the injury. The judge ruled in favor of the family of the injured 87-year-old woman, and they received $1.5 million.
The Law Takes Nursing Home Neglect Seriously, and So Do We
Under the Code of Federal Regulations, one statement explains the high standards that you should be able to expect from a nursing home. In section 483.10, it is stipulated that the residents of nursing homes have the right “to a safe, clean, comfortable and homelike environment, including but not limited to receiving treatment and support for daily living safely.”
Further, section 483.12 guarantees that nursing home residents have “the right to be free from abuse.” New York law, as well as the Hill & Moin lawyers, take these regulations as having the utmost importance.
If nursing home staff have not given your loved one the compassionate and attentive care that the law demands, then you have the right to seek compensation. Hill & Moin has a team of understanding and experienced lawyers who can help. We can represent our clients with the professionalism needed. At the same time, we also take a gentle approach so that you feel like you’re working with family.