East Meadow Nursing Home Negligence Attorney
The decision to put an elderly loved one into a nursing home can cause distress and worry. You want to make sure your loved one receives the best care possible, and is treated with the respect and dignity they deserve.
We have all seen horror stories on the news about elderly residents suffering abuse in nursing homes and long-term care facilities. But abuse and neglect still happen, and East Meadow is no exception to this unfortunate reality.
If you suspect that your elderly loved one is suffering from negligence while living in a nursing home, you need to speak with an experienced East Meadow nursing home negligence lawyer at Jacoby & Meyers LLP right away. Your loved one needs an advocate to speak up for them. We can be their voice if you call our East Meadow nursing home abuse lawyers today.
Using Our East Meadow Nursing Home Attorneys
The lawyer you choose can make a difference in your loved one’s ability to recover maximum compensation for the neglect they have suffered. Your loved one deserves an East Meadow injury lawyer with the experience and knowledge of investigating and successfully resolving nursing home negligence claims. You need a lawyer who is not afraid to stand up to the big insurance companies and fight hard to protect your loved one’s best interests.
While most nursing home negligence claims in East Meadow settle out of court, sometimes the insurance company refuses to settle for a fair and reasonable amount. When this happens, you need a lawyer at your side with nursing home negligence trial experience. Trial preparations begin the moment you become a client. While effort goes into finalizing your case without a trial, you want a lawyer who is ready for trial, if that becomes necessary.
You also want a lawyer who has been down this road before. Not all lawyers can handle a trial, especially a complex trial requiring medical experts. The resources required to manage a nursing home negligence trial are not something that every law firm possesses.
Your ability to help your loved one escape their current, tragic situation and get to a better facility can depend on the lawyer you choose to help with your loved one’s nursing home negligence claim. Your loved one deserves to have a compassionate and aggressive legal advocate on their side, helping them collect maximum compensation. Collecting compensation for your loved one’s suffering is paramount to their physical and mental recovery. They have suffered a great deal and your lawyer can help overcome those challenges.
If you suspect your loved one has suffered or is currently suffering neglect in their nursing home, you need to speak with a trusted East Meadow nursing home abuse lawyer at Jacoby & Meyers LLP as soon as possible. Your loved one’s well being is at stake.
Signs a Loved One Is Suffering
Suffering can take many forms, and it’s not always physical. Nursing home abuse may slowly increase in intensity. It may be physical, emotional, general neglect, financial, or any combination of those. If you see any signs that your loved one is suffering, raise your concerns with the management of the nursing home, and then call a skilled East Meadow nursing home abuse attorney to help you and your loved one get to a better situation.
Physical Signs
Signs of physical abuse and neglect are often the most obvious.
But some are more subtle, so keep a close eye on any red flags that may jump out at you.
- Broken bones
- Cuts
- Welts
- Bedsores
- Bruises
- Open wounds
- Scars
- Sudden changes in behavior
- Refusing to see visitors
Emotional
Emotional abuse in a nursing home comes in the form of threats, intimidation, or insults. These actions can be devastating to nursing home residents who are already vulnerable individuals. Treating your loved one like a child or a nuisance is a serious form of neglect, but its presence may not always be clear to you.
Keep an eye out for the following signs:
- Sudden change in mood
- Agitation
- Lack of communication
- Refusal to have visitors
- Unusual behavior
Neglect
Nursing home neglect occurs when an employee fails to provide adequate care to residents. This can come from withholding food and water, not providing adequate hygiene care, and failing to give correct medication, or withholding it altogether. Generally, nursing home neglect occurs when an employee fails to provide your loved one with the care they need to live comfortably.
Keep an eye out for these signs:
- Lack of necessary items
- Unsanitary conditions
- Soiled clothes
- Malnutrition
- Dehydration
- Missed medication
- Worsening health issues
Financial
Some unscrupulous nursing home employees will try to take financial advantage of vulnerable residents. Not only is this behavior against the law, it is just plain wrong. Your loved one needs their financial resources to help them live their life. Oftentimes, financial neglect takes the form of stealing cash that is laying out, outright asking for money, forging checks, or abusing a power of attorney.
Look for the following signs of financial neglect if you suspect your loved one is suffering abuse:
- Caregiver’s name on debit or credit cards
- Missing money in bank accounts
- Missing cash
- Undiscussed changes to estate planning documents
- Missing possessions
- Forged signatures
6 Steps to Take if You Suspect Neglect
If you believe that your loved one has or is currently suffering neglect in their nursing home, you need to take action. Your loved one is depending on you to help them. There are several things you need to do.
1.) Call 911
If your elderly loved one is in immediate danger, 911 should be your first call. When the police arrive, they will start the process of investigating your loved one’s neglect. The police may not continue the investigation but they will start the process and help to get your loved one to temporary safety, if necessary.
2.) Speak to Facility Management
The moment you suspect any kind of neglect, you need to speak with the facility management and inform them of your concerns immediately. If the facility takes your concerns seriously, they will investigate and report back to you what they find. But do not wait for them to give you a report—check in with them daily.
3.) Document Everything
Take pictures. Keep records. Record video. Anything you can do to help preserve evidence and records that help your lawyer will increase your chances of success. It will also help you if the facility did not take appropriate action. You can show that you provided them with detailed information about what was happening to your loved one, and they did nothing.
4.) Keep Bills
Your loved one may incur substantial medical bills or other caregiver costs because of their abuse and neglect. Keep copies of these bills. You will want to fight for reimbursement of these costs from the employee or the facility that caused your loved one’s suffering. Your loved one is a victim and they should not have to pay for any of these expenses.
5.) Find Other Options
You need to start your search for other nursing homes right away. Clearly, something is wrong with the current facility and you need to get your loved one into a better place. By starting your search right away, your loved one will soon have a safe place to go.
6.) Contact Jacoby & Meyers LLP’s East Meadow Nursing Home Lawyers
When your loved one suffers neglect at the hands of the very people who are supposed to protect them, you need a skilled East Meadow nursing home negligence lawyer guiding you through the complex legal process ahead. Your lawyer can help you get your loved one into a better situation and help their healing by attempting to collect maximum compensation for their injuries and suffering.
Damages Your Loved One can Collect After Suffering from Abuse
When you contact a lawyer on behalf of your loved one, the attorney may talk to you about suing the at-fault party. Depending on the circumstances surrounding your loved one’s injuries, numerous parties could be to blame.
Your lawyer will help investigate and determine which parties are at fault. The neglect could have come from an employee or even the facility as a whole. It could also be that both an employee and the facility are at fault and to blame for your loved one’s suffering.
The point of filing a claim is to collect damages. While no amount of money will undo the neglect and suffering your elderly loved one has endured, it will help to ensure that your loved one does not suffer any further. Collecting compensation can help cover medical expenses your loved one faces during their recovery. It can also help to cover any costs associated with moving to a new and better facility.
Your lawyer may try to collect compensation for:
- Pain and suffering
- Emotional distress
- Costs to transfer to a new nursing home
- Medical treatment costs
- Mental health counseling costs
- Future medical bills
Collecting compensation from the at-fault party, whether that is the nursing home facility, an employee, or both, will help your loved one recover faster. When you and your loved one can focus on their well being and getting them into a new and better nursing home, they will recover from their injuries faster.
That’s why it is so important to work with an experienced East Meadow nursing home negligence attorney. Your lawyer can help your loved one get back to their regular life. It’s also important to remember that, depending on the extent and severity of injuries your loved one has received, the vast majority of their medical bills could come due in the future. When you partner with a trusted East Meadow nursing home negligence attorney, you can create an accurate estimate of your loved one’s future needs.
Looking at the prognosis from the doctor, speaking with medical experts, and estimating the costs to move to a new facility, your lawyer can help you understand the full financial impact your loved one faces. Especially if your loved one has experienced financial neglect, the potential for your loved one to sink into financial hardship is real.
When you work with a respected nursing home negligence lawyer, you can rest assured that your loved one’s best interests are at heart. Your lawyer needs to treat your loved one as an individual, not just another number. Many lawyers and law firms see new clients as nothing more than another number. When you find a lawyer you are comfortable with handling your loved one’s care, your loved one will receive the legal guidance they deserve.
File a Claim Soon
In New York, you only have three years to bring a nursing home claim. You might think to yourself that three years is a long time. However, think about everything that both you and your elderly loved one will face during that time.
You will need to locate and review new nursing homes. You will need to transition your loved one into that new facility. Your loved one will also face a physical and mental recovery process. They may require medical procedures and hospital stays. All of this takes your focus. You do not need to add a complex legal claim on top of all that you already have to deal with.
Your loved one’s physical and mental state are the most important things to look after. That’s why you need to work with an experienced East Meadow nursing home negligence lawyer who can help you and your loved one focus on the important aspects of getting your loved one back to their regular life.
Your lawyer will also meet important deadlines like this. If you do miss this deadline, you may be barred from bringing a claim. That could mean that you or your loved one end up having to pay out of pocket for medical expenses related to their neglect at the nursing home. That is not fair and that is not something either of you should experience. Your best chance to avoid that situation is to work with a trusted East Meadow nursing home negligence lawyer.
East Meadow Nursing Home Negligence FAQs
When your elderly loved one moves into a nursing home, you and they expect that they will receive proper care and attention. For the vast majority of nursing home residents, that’s exactly what happens. Unfortunately for some, however, injuries occur at alarming rates. 75 percent of nursing home residents fall each year. That only includes the reported falls which can make you wonder about what else is going on behind the scenes.
Not all nursing homes have sinister employees. Not all nursing home facilities fail to take appropriate actions with employees who cause injuries to residents. The majority of nursing home employees and the facilities they work for care greatly about their residents and work hard to ensure their safety and care.
But mistakes happen. When they do or if you even suspect your elderly loved one is suffering, you need to speak with a knowledgeable East Meadow nursing home negligence attorney as soon as possible. Once you suspect your loved one is suffering, they may have been neglected for some time. You can help stop that by taking immediate action.
Frequently Asked Questions
You may know how your loved one suffered neglect in their nursing home. It may even be obvious to you. But proving that your loved one suffered at the hands of someone else presents more challenges from a legal perspective. That’s why it is vital to the success of your claim and to your loved one’s health and safety that you choose a lawyer with experience in nursing home negligence claims.
To prove the nursing home or an employee caused your loved one’s neglect, your lawyer may try to prove:
- The nursing home or staff member owed a duty of care to their residents, including your loved one
- The nursing home or staff member breached this duty by acting in a way they should not have or failing to take appropriate action
- As a result of the breach, your loved one suffered neglect and injuries
Proving these elements does not guarantee that your loved one will recover damages. Proving the above simply gets your loved one the chance to recover compensation. That’s why it is so important that you work with an experienced East Meadow nursing home neglect lawyer. Your elderly loved one deserves to have a respected lawyer at their side, working hard to protect their best interests and help them recover maximum compensation.
Your loved one’s nursing home negligence claim can be brought by your loved one or by you, on their behalf. The first step, however, is to speak with facility management the moment you suspect any wrongdoing. You can also report any problems directly to Medicare.
Once you have spoken with nursing home management, even if they take your allegations seriously, you still want to speak with a trusted East Meadow nursing home negligence lawyer to help your loved one recover the compensation they need to get better.
Depending on the type of neglect your loved one suffered, their injuries may be severe. This could require hospitalization, medical procedures, and rehabilitation. None of these items are cheap. That’s why your lawyer will help investigate your loved one’s neglect to make sure the right party is held accountable for their suffering.
When bringing the claim, it could be brought against the nursing home facility or the at-fault employee. The claim could also allege both parties are at fault. Your lawyer can try to hold staff members liable when they take certain actions or fail to take certain actions that cause your loved one’s neglect.
This action or inaction could include:
- Threats
- Failing to treat wounds
- Not providing correct medication
- Ignoring pleas for help
- Not giving adequate medical attention
- Causing physical harm
Any of these actions could lead to a staff member being held liable for your elderly loved one’s neglect. But the nursing home facility could also be liable. This could happen when the nursing home does not adequately train its staff.
This could include:
- Failing to conduct proper background investigations
- Failing to properly train staff on resident’s needs
- Inadequate processes
- Not taking allegations of neglect seriously
- Not investigating or reprimanding employees when allegations of neglect arise
For these, and many other reasons, the nursing home facility could be partly or wholly liable for your elderly loved one’s neglect. Understanding how to hold either or both parties liable is the job of an experienced nursing home negligence lawyer in East Meadow. The lawyer you choose to represent your loved one’s best interests can make a difference in their ability to recover for their injuries.
The full value of your loved one’s nursing home negligence claim depends on:
- The type of neglect suffered
- The severity of the injuries caused
- How many medical procedures are needed to recover
- How many days in the hospital
- Amount of rehabilitation required
All of these reasons could cause the value of your loved one’s neglect claim to vary. That’s why no lawyer can guarantee you the exact value of the claim. A word a warning—if a lawyer does claim to tell you the exact value of what they can recover, run away. That lawyer is lying to you.
The best thing to do is to work with the lawyer to understand an estimate of what your loved one’s claim is worth. Taking into account the injuries they suffered, the length of time it will take them to recover, if they have to move to another facility, and the amount of rehabilitation needed, your lawyer can help you get a good idea of the value of your loved one’s claim.
This gives your lawyer a good place to start with negotiations. The insurance company representing the nursing home facility or staff member will want to settle this case as quickly as possible. Not only do they want to avoid bad press, they simply want to put this behind them quickly. By understanding the value of the claim, you can help ensure that your loved one is not short-changed and receives maximum compensation so they do not have to pay a dime out of their own pocket for injuries they did not cause.
Nearly two million people live in nursing home facilities today. Each one of these residents deserves exceptional care to ensure their safety and well being. When a resident suffers neglect and subsequent injuries, you want to remove them from that situation as quickly as possible.
To achieve that goal, you need to find a new facility. Unfortunately, that can take a great deal of time. You need to research and interview new nursing homes, all while working to ensure your elderly loved one receives the care they deserve in their current facility.
Working with an experienced East Meadow nursing home abuse lawyer can give you the help you need to achieve your goals. Researching, visiting, and speaking with new nursing home options can take up all of your time. Your lawyer can move the legal process forward by working quickly to file the nursing home negligence claim and getting your loved one the care and attention they deserve.
This also gives you the time you need to focus on finding the right nursing home for your loved one. They deserve to have proper medical and emotional care. By devoting your time and attention to that goal, you can help ensure your elderly loved one gets to a good facility that will look out for their best interests.
Soon after you alert the nursing home management to your claims of neglect, they will alert their management and insurance company. The insurance company may contact you right away, offering you a quick settlement. For many people in your position, this can create excitement. You hope this will put this tragic experience behind you and give your loved one the compensation they need so they do not have to pay out of their own pocket for any of the expenses they face.
Unfortunately, what the insurance company will not tell you is that they do not share your goals. The insurance company may pressure you to take the settlement and may even tell you this is their best offer. Think about why they are pressuring you to take the offer so quickly. It is in their best interest to settle right away, not yours or your elderly loved ones. The insurance company’s goal is to settle this case for as little money as possible.
Their best chance of doing that is as soon as possible after they learn of the neglect suffered by your loved one. Not only do they know that you are frantically searching for a new facility that takes up a great deal of your time, they also know you may not have had time yet to speak with a respected nursing home negligence lawyer. When you do not have a lawyer at your side, guiding you through the process, the insurance company may take advantage of that.
Working with a lawyer, you can receive experienced guidance about whether the settlement offer is sufficient for your loved one’s needs. Your lawyer can help you understand if the settlement funds will cover all of the financial needs your loved one faces. If you take the settlement offer, you may waive your right to bring any future claims against the insurance company for the neglect your loved one suffered.
This could mean your loved one has to pay for some or all of their expenses. Months or years later, when the settlement funds run dry, it will be too late to bring another claim. When this happens, you or your elderly loved one would be required to foot the bill for any additional medical bills or financial losses your loved one incurs.
Your lawyer may negotiate with the insurance company on your loved one’s behalf. Settlement negotiations can lead to a successful outcome for your loved one. By partnering with a skilled East Meadow nursing home abuse lawyer, you can lean on your lawyer’s experience of standing up to the big insurance companies and helping victims like your loved one recover for their injuries.
The most important part of bringing a claim is to help your loved one recover. When both you and they do not have to worry about the financial burden faced, you can focus on finding them a new facility and they can focus on their physical and emotional recovery. Working with a trusted lawyer could give you the leg up you need to hold the negligent party liable and collect maximum compensation for their suffering.
Why do I need an East Meadow nursing home lawyer at Jacoby & Meyers LLP?
East Meadow nursing home abuse lawyer, Andrew Finkelstein
Your loved one deserves to live in a nursing home that respects them as an individual and that provides them with the care and support they deserve. When that does not happen, you want nothing more than to remove them from the traumatic situation they face.
You also want to hold the negligent party liable. Your best chance of doing that is by working with an experienced nursing home abuse lawyer in East Meadow. Your loved one’s ability to hold the at-fault party liable for their suffering and collect maximum compensation for their injuries can depend on the lawyer you choose to help guide you and your loved one.
Your lawyer will need to investigate your claim of neglect, which means they need to have experience with nursing home negligence claims. You also need a lawyer with the resources required to take on such a complex and emotional case.
If your loved one is suffering abuse or neglect in a nursing home, be the advocate they need and speak with our experienced East Meadow nursing home negligence lawyers today at (877) 565-2993, through a text chat, or by writing us on our contact page.
East Meadow Office
90 Merrick Avenue, Suite 601
East Meadow, NY 11554
(877) 565-2993
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