White Plains Nursing Home Abuse Attorney
At Fiedler Deutsch, LLP, we are passionate about protecting the rights of the elderly. We go to great lengths to investigate potential cases of nursing home abuse and neglect, as well as to hold responsible nursing homes accountable. If you believe your loved one is the victim of nursing home abuse or neglect in White Plains, New York, do not hesitate to contact us. Our White Plains nursing home abuse attorneys offer free initial consultations so you can learn more about your loved one’s rights at no financial risk.
Why Clients Choose Fiedler Deutsch, LLP
- We bring a sense of urgency to every case we work on. We use highly qualified experts, paired with a relentless work ethic, to obtain the best possible outcomes for our clients.
- With 50 years of combined experience, we will leave no stone unturned in the pursuit of justice and compensation.
- We devote personal time and attention to all of our clients. We know how devastating nursing home abuse can be. We are here for you and your family during your time of need.
How Our White Plains Nursing Home Abuse Lawyers Can Help
Going up against a nursing home or long-term living facility in New York is not easy without representation. Insurance companies often use tactics, such as denying valid claims, to avoid paying large settlements. The White Plains personal injury attorneys at Fiedler Deutsch, LLP, however, are experienced in holding the right facilities and companies liable for acts of neglect or abuse that cause injuries such as bedsores and infections. You will have the best odds of holding someone accountable for your loved one’s injuries after you hire an attorney in White Plains.
What Are the Signs of Nursing Home Abuse?
Remain alert for the following warning signs of abuse when visiting a loved one:
- Unexplained injuries
- Open wounds
- Bite marks
- Marks or scars on wrists or other signs of restraint
- Appearing overmedicated or undermedicated
- Bleeding from the genital area
- Torn or bloody clothing or undergarments
- Unexplained sexually transmitted diseases (STDs) or genital infections
- Withdrawal, anger, depression, or other emotional changes.
- Drastic weight loss or malnutrition
- Deteriorating health
- Poor hygiene
- Smelling of urine and/or feces
- Stained or bloody clothing or bedding
- Prohibited from seeing visitors
- Changes in behavior or personality
- Frequently arguing with the staff.
- Sudden and significant bank withdrawals
- Changes in regular banking habits
- Abrupt changes to a will or estate plan
- Personal possessions disappearing without an explanation
- Incorrect type or dosage of medication being administered
- Duplicate bills for the same appointment, prescriptions, or procedure
- Inappropriate billing
- Inaccurate information on an explanation of benefits form
- Wrong information on a bill (i.e., the provider, location, or date information)
- Waived deductibles or copays
Types of Nursing Home Abuse in White Plains
All nursing homes have a legal responsibility to care for the physical and mental well-being of their residents. The failure to meet this duty of care is called negligence. Nursing home abuse is when someone intentionally harms an assisted living facility resident rather than unintentionally causing harm through neglect. There are four main types of nursing home abuse:
- Physical abuse, which involves intentionally harming an elderly person through physical assaults, such as punching or kicking a nursing home resident. In severe cases, this can cause an elderly person their life. In that case, you would qualify for a wrongful death claim in White Plains.
- Mental or emotional abuse, which involves harming a resident psychologically through the use of verbal or emotional abuse, such as berating a senior citizen or putting him or her in isolation.
- Sexual abuse, which involves sexually assaulting a vulnerable and defenseless nursing home resident. Any sexual contact between an employee and a resident constitutes sexual abuse.
- Financial abuse, which involves exploitation, can refer to a perpetrator taking advantage of an elderly person to scam him or her out of money, property or assets.
Aside from abuse, nursing home residents in White Plains can also suffer from neglect. Neglect is the failure to meet a rest home resident’s basic needs. It can refer to the careless failure of a medical provider or an assisted living facility staff member to change an adult diaper, feed or give water to a resident, provide emergency care, or look out for the resident’s other interests.
What Are Bedsores? Why Are They a Sign of Neglect?
Bedsores are a painful type of ulcer that can impact all layers of skin as well as the underlying muscles, tendons and bones, in severe cases. It stems from consistent pressure against a single point on the body, often from an immobile person sitting in a wheelchair or lying in bed for long periods. Bedsores are preventable with regular turning schedules, in which nursing home staff members reposition immobile residents to prevent a buildup of pressure. This is why the presence of bedsores often points to nursing home neglect.
When is the Nursing Home Liable for Abuse?
Nursing homes owe a very high duty of care to keep residents safe. They may be considered negligent if they fail to reasonably provide treatment, care, goods, or services necessary to maintain a resident’s health. Incidents of negligence that commonly prompt nursing home abuse or wrongful claims include:
- Negligent hiring of staff, such as failing to perform background checks.
- Negligent training of staff.
- Failure to properly monitor staff.
- Intentional abuse by staff members.
- Failure to provide adequate security.
- Failure to provide daily necessities, such as food, water, personal hygiene, and clean living conditions.
- Failure to prevent or treat bedsores.
- Medical neglect, such as failure to provide medication or preventing regular visits to a physician.
- Failure to provide appropriate supervision and assistive devices to prevent accidents.
- Forcing unreasonable or dangerous physical restraints.
If the victim or their family can demonstrate that negligence on behalf of a nursing home contributed to or caused their abuse or injury, then the facility can be held legally liable for the resulting damages. There may be multiple parties responsible for the abuse in some cases that should be held accountable.
What to Do if You Suspect Abuse in a White Plains Nursing Home
Call 911 if you believe your loved one is in imminent danger. Otherwise, report elder abuse, neglect, or exploitation by:
- Filing a Nursing Home Complaint Form online through the State of New York Department of Health’s website.
- Call 1-888-201-4563 to file a complaint through the Nursing Home Complaint Hotline.
- Print out the complaint form and mail it to:
EMPIRE STATE PLAZA
ALBANY, NEW YORK 12237
- Fax the complaint form to: 518-408-1157
- Scan the form and email it to: firstname.lastname@example.org
The Department through the Centralized Complaint Intake Unit, will review the complaint and take appropriate action. If you provide your address, they will send you a letter confirming receipt of your complaint and information as to how it will be handled. Lastly, speak to a White Plains Nursing Home Abuse Attorney as soon as possible. They can advise you on your legal options and how to begin gathering evidence.
Contact Our White Plains Nursing Home Abuse Attorneys Today
If you have reason to believe that a nursing home in White Plains, New York is abusing or neglecting your elderly loved one, contact Fiedler Deutsch, LLP for a free legal consultation. We care about our community’s elderly population and bringing unsafe nursing homes to justice. Our Westchester County personal injury lawyers can help your family file a claim to damages. Call (914) 993-0393 or contact us online today.