New York Elder/Nursing Home Abuse Lawyer

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New York nursing home and elder abuse attorneys can help maximize the compensation awarded to elderly people who have suffered from negligent actions and abuse, or to the surviving family members of the victim if a death has occurred as a result of negligence or abuse in a nursing home.

These attorneys work to ensure that clients who have experienced abuse or negligence gain full access to their legal rights and the best representation available to them within the bounds of the law. Elder abuse and nursing home attorneys also work to ensure that people or facilities which are obligated to provide professional care, but which fail to do so, are held accountable.

In 2006, several New York nursing home workers were caught on surveillance camera committing various egregious acts of abuse and/or neglect. Patients were left for hours in their own urine and waste while nurses socialized; nurses failed to administer medications and treatments; and workers even moved call bells out of patients' reach and stopped doing their rounds in order to sleep, watch movies, or leave the building. In all, nineteen employees were arrested.

All nursing home or elder care facilities have an obligation to protect the rights of every single resident, and to provide an attractive, clean, and healthy environment. They are also obligated to treat residents equally, with no discrimination based on race, religion, color, nationality, ability or source of payment. Nursing home facilities are required by federal law to compose a Nursing Home Resident's Bill of Rights, which they are also required to make available to any resident upon request. The Bill of Rights outlines all policies of the specific nursing home, and each facility must require residents to sign a statement, indicating they have read and understood these rights, before admittance. Specific rights include the right to be informed about one's specific medical condition and treatment, the right to participate in planning one's care and medical treatment, the right to choose a physician, the right to manage personal finances, the right to privacy, dignity, and respect, the right to personal possessions, the right to be free from restraints and abuse in nursing homes, the right to voice grievance without retaliation, the right to be discharged or transferred only for medical reasons, and the rights of access.

Nursing home and elder abuse attorneys specialize in cases where a nursing home, medical facility, one of their staff members, or an in-home caregiver is accused of neglecting duties that result in the mental and/or physical suffering of an elderly person. Their caseloads include the claims of nursing home residents who have been physically restrained and those whose finances have been exploited for fraudulent purposes. These attorneys use their legal expertise to prove mental, physical, and/or financial abuse claims made by elderly people and their family members. These attorneys also use laws, statutes, regulations, and decisions made by the state of New York and relevant agencies to ensure that the violated rights of elderly people do not go ignored and that each victim receives an award that is fair and compensatory.

In the state of New York, nursing home and elder abuse attorneys help the elder care industry as a whole. Since personal injury law is based more on decisions and precedent than on actual legislation, each case these attorneys win makes a fundamental difference.

These attorneys are well acquainted with the hurdles put in place by insurance companies, medical and nursing facilities, and the attorneys defending these facilities. They are knowledgeable about state laws regulating the nursing-home industry and others responsible for caring for the elderly. They are also knowledgeable of the laws that regulate agencies monitoring these industries. Elder abuse and nursing home attorneys develop special relationships with state agencies and law enforcement agencies that allow them access to information that is often difficult for individuals to obtain. If you have reason to believe that a loved one or relative has suffered abuse either in a nursing home, or at the hands of an in-home care provider, contact a nursing home/elder abuse attorney today.


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