How to Hire the Best Nursing Home Abuse Lawyer in NY
- Alex Maltese
- 13 hours ago
- 6 min read
Nursing home abuse is a grave matter, and victims of abuse and neglect in nursing homes need the best legal assistance available. It can be challenging to prove and show nursing home negligence, especially if the victim is unable to communicate or share their experience in the nursing home.
Of course, the families of nursing home residents often notice signs of nursing home neglect or physical abuse, but proving that without a witness or video footage is sometimes tricky.
This is where nursing home abuse lawyers in New York are imperative. They can help to achieve the best outcome for victims of nursing home abuse and their families.
For those on Long Island who suspect nursing home abuse, The Law Office of Carl Maltese is ready to help. This law firm has experienced attorneys who have been fighting New York nursing home abuse for decades, and they want to do the same for those who are dealing with elder abuse right now. They can also advise on how to hire the best work injury lawyer in NY.
Understanding Nursing Home Abuse Cases
There are different types of nursing home abuse. The victim's family members may not even realize that some form of abuse is happening. Here are some examples and signs that indicate a resident of a New York nursing home might be getting abused:
Physical Abuse
In the case of physical abuse, a nursing home resident might experience hitting, pushing, slapping, or unnecessary restraint. Signs of this include unexplained injuries, such as bruises, burns, or even fractures. Sometimes, this is overlooked as older adults tend to bruise more easily due to medications or other situations.
Emotional/Psychological Abuse
Emotional abuse, or psychological abuse, is a non-physical form of abuse. This can affect a nursing home resident's mental health. Verbal abuse, threats, humiliation, intimidation, or isolation are all forms of emotional nursing home abuse. Signs of this type of abuse include depression, anxiety, fear of caregivers, or changes in behavior.
Neglect
Neglect attorneys also warn that the failure to provide care, which can lead to emotional or physical harm, is a common form of abuse in nursing homes or assisted living facilities. Some of the signs of this type of abuse include failing to provide food or water, ignoring hygiene, or inadequate medical care. Warning signs of neglect include bed sores, odor due to poor hygiene, malnutrition, skin infections, or dehydration.
Financial Abuse
Though less common, financial abuse may also occur in a nursing home or assisted living facility. This generally involves stealing a resident's money or assets by forging signatures, identity theft, or unauthorized bank transactions. Signs of financial abuse include unusual bank activity, missing personal items, or the sudden loss of funds.
Sexual Abuse
As horrific as it sounds, sexual abuse also occurs in nursing homes. Legally, nursing home abuse attorneys define this as any non-consensual sexual contact or exploitation of a resident. This may include inappropriate contact, sexual assault, or forced nudity. Signs of sexual abuse in nursing homes include bruising in and around the genitals, fear of specific caregivers, or sexually transmitted infections.
Abandonment
Finally, abandonment is a form of abuse that occurs in nursing homes and similar facilities. This can cause both physical and emotional harm and is often defined as failing to care for a resident or failing to check in on them. Signs the family may notice include distress, confusion, unattended medical needs, or reports of the resident being left alone.
Nursing home and assisted living facility residents have legal rights under New York and federal laws, including the Nursing Home Reform Act.
Why a Specialized Nursing Home Abuse Lawyer is a Necessity
Nursing home abuse cases often involve a host of complex legal, medical, and regulatory issues, and all of these require specialized expertise. Most nursing home abuse attorneys offer a free consultation, so it is always a good idea to meet with an elder abuse attorney if there is suspicion of any physical or emotional harm to a loved one in a nursing home.
Here are things to keep in mind before hiring a nursing home abuse lawyer:
They Have In-Depth Knowledge of Elder Abuse Laws
In the case of elder abuse, there are several New York State and federal regulations to keep in mind. For instance, the Nursing Home Reform Act is a federal law that protects the rights of residents who live in nursing homes. The New York State Department of Health sets standards for nursing home care and has a nursing home complaint hotline for the public. Additionally, New York has guidelines used by Adult Protective Services, or APS, which are used to protect vulnerable older people. The best attorneys will understand how these laws can be applied to nursing home residents.
They Have Experience Handling Nursing Home Negligence Cases
Another thing to keep in mind when looking for a nursing home abuse lawyer is that they should have experience handling these types of abuse cases. These legal professionals will know how to prove negligent care, interpret medical records, and notice signs of abuse. They also know all of the tactics that nursing homes and insurance companies use to avoid being liable in these cases.
They Have Access to Medical Experts & Investigators
Nursing home abuse lawyers also have access to doctors and medical professionals who can prove neglect and injuries. They work closely with forensic accountants or experts who can identify financial exploitation or other abuses. These attorneys almost always have access to a network of other professionals who can strengthen a case against a nursing home.
They Have the Negotiation Skills Needed for Settlements & Litigation
Many cases of nursing home abuse settle out of court. A great attorney can negotiate the maximum compensation for medical expenses, pain and suffering, emotional distress, and even, in some cases, punitive damages. An attorney can also take the case to trial if a settlement is unfair. The previously mentioned qualities when looking to hire a personal injury attorney on Long Island suggest that an experienced attorney may have certain level of understanding of the law.
Questions to Ask Before Hiring a Nursing Home Abuse Lawyer
It's important to ask questions before hiring a nursing home abuse lawyer.
How many nursing home abuse cases have you handled?
The best attorneys will have several years of experience with nursing home abuse cases. Though many personal injury lawyers can handle these cases, unless they are specialists, it's best to choose another option.
What was the outcome of your most recent case?
Knowing a nursing home abuse lawyer's most recent history will show how serious they are about the cases they work on and where their professional interests lie.
Do you work on a contingency fee basis?
A contingency fee agreement is when a lawyer does not receive payment unless they win the case. Generally, once the case is settled, the law firm takes a percentage of the settlement as its fee.
How do you communicate updates with clients?
By understanding how a law firm communicates with its clients, potential clients can understand what to expect throughout the case process.
Will my case go to trial, and are you prepared for litigation?
Though most nursing home abuse cases do not go to trial, some do. Any lawyer who handles a case of nursing home abuse must be ready and prepared to go to trial, if necessary.
Red Flags to Watch Out For When Hiring a Nursing Home Abuse Lawyer
There may be many nursing home abuse lawyers to consider in a specific area. Oftentimes, a person looking for legal help must research several before finding the right legal partner to help them with their case. For anyone looking for a lawyer to help with a nursing home abuse case, it's best to be aware of and stay away from lawyers who do the following:
Guarantee an outcome or a specific result
Little or no experience with nursing home abuse cases
Poor transparency about what to expect or little to no communication
Hidden costs or upfront fees
Limited network of experts for investigations and testimony
The Law Office of Carl Maltese - Expert in Nursing Home Abuse Cases
For those on Long Island who are looking for an experienced nursing home abuse law firm, The Law Office of Carl Maltese is ready to help.
With experience in personal injury cases, including nursing home abuse cases, the legal team from this firm has won millions for their clients and brought justice to victims who didn't have anywhere else to turn to.
The Law Office of Carl Maltese has access to a full network of doctors, investigators, and abuse experts. It can assist Long Island families who are dealing with the horrible reality of elder abuse in a nursing home or assisted living facility. Residents of nursing homes have rights, and these lawyers are focused on fighting for those rights. Call today to set up a free consultation.
