New York City Nursing Home Abuse Attorney
Nursing Home Abuse & Neglect in Brooklyn & All of NYC
We trust that nursing homes and other assisted living facilities will provide
our elderly loved ones with the level of care and respect they deserve.
Unfortunately, this is not always the case. Nearly two million Americans
currently reside in nursing homes, and the increase in abuse, neglect,
and malpractice against the elderly has become a national concern.
Abuse and neglect of our most defenseless population can take many forms,
and the federal and state regulations that exist to govern the rights
of nursing home and assisted living residents sometimes fail. The result
is elderly victims who suffer serious injuries due to negligence or abuse
from trusted caregivers. These elderly victims may have a legal right
to receive money damages.
From our office in Brooklyn, our New York City nursing home abuse attorneys
fight tirelessly for justice and fair compensation on behalf of victims
of negligence and misconduct. At Rubenstein & Rynecki, we believe
that the mistreatment of the elderly is simply unacceptable, and those
responsible for such conduct should be held accountable. If you believe
that you or your loved one may be the victim of nursing home abuse or
neglect, do not hesitate to reach out to our firm right away for a free,
On This Page:
- What Is Nursing Home Abuse/Neglect?
- Examples of Nursing Home Abuse & Neglect
- Signs of Nursing Home Abuse & Neglect
- How to Report Nursing Home Abuse in New York City
- Contact Rubenstein & Rynecki Now for Aggressive Legal Representation
What Is Nursing Home Abuse/Neglect?
Most people assume abuse involves physical violence. In reality, neglect
is also a form of abuse, and it represents one of the most common forms
of abuse, resulting in declining health and, in many cases, eventual
Nursing home abuse and/or neglect take many forms, including:
- Physical Abuse and Neglect: Physical abuse includes causing physical harm to an individual, such as
assaulting someone, whereas physical neglect occurs when nursing homes
fail to attend to a resident’s physical needs. This includes things
like poor nutrition, medication errors, and failing to ensure a cleanly,
sanitized environment for residents.
- Emotional/Mental Abuse: Emotional/mental abuse includes things like berating or belittling residents,
yelling, threatening, or even neglecting to care for the mental health
needs of a resident. Although this type of abuse does not leave physical
injuries, it can be as damaging to victims as physical abuse.
- Sexual Abuse and Assault: Nursing home sexual abuse and assault takes all the same forms as any other
type of sexual abuse, including unwanted physical contact and sexual touching,
sexual contact or intercourse with someone who cannot or does not give
consent, rape, assault, and even pressuring someone into sexual activity.
- Financial Abuse: Financial abuse occurs when individuals seek to take advantage of elderly
nursing home residents and/or exploit them for financial gain or control.
Examples include stealing, manipulation, forgery of financial and other
documents, and preventing residents from accessing funds.
Perpetrators of abuse, as well as the nursing homes and assisted living
facilities that employ them, can be held legally responsible for all types
of abuse and neglect. If you or someone you love has suffered physical,
emotional, and/or financial harm due to nursing home abuse or neglect
in New York City,
contact Rubenstein & Rynecki to learn how our attorneys can help.
Examples of Nursing Home Abuse & Neglect
There are times when nursing homes are negligent in the medical care and
treatment rendered to elderly residents.
Some examples of nursing home abuse and neglect include (but are not limited to):
- Failing to utilize reasonable, proper, and appropriate skill and care in
the treatment of elderly residents
- Allowing and permitting elderly residents’ medical conditions to
worsen without proper treatment
- Failing to utilize standard and accepted medical practices and procedures
- Failing to administer appropriate drugs
- Failing to properly/sufficiently move an elderly person to prevent pressure sores
- Failing to keep complete, proper, and accurate medical records
- Failing to timely utilize a mechanized, air-pressure mattress in the treatment
of non-ambulatory patients
- Failing to timely and/or properly institute scheduled courses of physical
therapy to make an elderly patient ambulatory
- Failing to take all the proper, adequate, and indicated reasonable steps
that were necessary to treat, prevent, alleviate, and/or remedy an elderly
- Failing to perform proper and/or thorough physical examinations
- Failing to refer elderly persons to properly and competent specialists
- Causing and/or allowing the elderly persons medical conditions to worsen
- Retaining unqualified and unskilled physicians and personnel
- Failing to review and evaluate staff and physicians at indicated intervals
- Failing to adequately supervise staff and physicians
- Failing to follow and carry out the orders of the attending physicians
- Failing to obtain an informed consent
- Failing to exercise the degree of skill and diligence to which elderly
persons are entitled
Essentially, much like cases involving
medical malpractice, if the nursing home or assisted living facility failed to provide an
acceptable standard of care, it can be held liable for resulting injuries
Signs of Nursing Home Abuse & Neglect
Placing loved ones in nursing homes or assisted living facilities represents
a difficult decision for most individuals, who make this choice to ensure
their loved ones obtain the continuous care and professional attention
they need. No matter how much research you do prior to selecting a facility,
you need to remain watchful for signs of abuse and neglect.
Some signs of nursing home abuse and neglect include:
- Changes in personality, mood, or behavior
- Noticeable tension between a resident and a caregiver
- Bedsores/pressure ulcers
- Unexplained injuries, such as cuts or bruises
- Fall-related injuries, including broken bones
- Catastrophic injuries, such as
- Unexplained death
- Unusual changes in weight
- Signs of malnutrition/dehydration
- Unsanitary living conditions or lack of personal hygiene
- Broken eyeglasses or damaged clothing
- Medical bills that do not reflect actual rendered services
- Refusal of a facility to permit visitation
- Financial irregularities, such as unexplained withdrawals or bounced checks
- Changes to a will, trust, power of attorney, or similar documents
Because many of the signs of nursing home abuse and neglect mimic symptoms
of advanced age and illness, such as dementia, it is even more important
that you keep an eye out for any unusual or unexplained changes in your
elderly loved one. If you notice anything suspicious, you can report it
to the nursing home or to the proper authorities.
How to Report Nursing Home Abuse in New York City
If you suspect that your elderly loved one may be suffering at the hands
of a caregiver” or if you are a victim of nursing home abuse or neglect
yourself” there are several things you can do to report the suspected
abuse/neglect. First, if you believe you, your loved one, or anyone else
is in immediate danger, call 911. You can obtain emergency medical aid
and report the abuse/neglect to the police in this way.
In other instances, you can report nursing home abuse and neglect in New
York City by:
- Calling the New York City 24-hour hotline at (800) 621-4673
- Calling the Nursing Home Complaint Hotline at (888) 201-4563
- Filing an official complaint with the New York State Department of Health’s Division of Nursing
Home and ICF/IID Surveillance
- Contact the local
long-term care ombudsman in your area
- Finding resources on the
New York City Department for the Aging’s website
After ensuring your safety/the safety of your elderly loved one and reporting
the abuse, reach out to an experienced attorney who can help you understand
your legal rights and options. An attorney can assist you in bringing
a personal injury or wrongful death claim against the liable party, including
the person who carried out the abuse/neglect and/or the facility itself.
Contact Rubenstein & Rynecki Now for Aggressive Legal Representation
Few things are worse than realizing the facility you trusted to care for
your elderly loved one has failed to provide an adequate and acceptable
level of care and has, instead, actively caused your loved one harm. At
Rubenstein & Rynecki, we understand the emotional complexity involved
in nursing home abuse and neglect cases. Our attorneys and staff provide
compassionate, personalized assistance and support throughout the legal
process, as well as consistent communication and open accessibility. We
believe that you and your family deserve justice, and we are ready to
fight aggressively for the fair compensation you are owed.
Our New York City nursing home abuse and neglect attorneys serve clients
in Brooklyn and all of the surrounding areas. We provide legal services
in English, Spanish, Russian, Romanian, Greek, and Creole to meet the
needs of our clients, and we do not collect any fees unless/until we recover
compensation for you.