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When people place loved ones in a nursing home, they trust that they will be taken care of. While this is usually the case, there are some cases in which negligence occurs and people are mistreated within these homes. It is important for people to look out for warning signs of this abuse when they have a loved one living in a facility. In the event that they believe negligence is taking place, legal action may be possible with the assistance of an experienced New York nursing home negligence attorney.

What are Signs of Abuse?

It is important to know what signs to look for when suspecting nursing home abuse. They can manifest in many different ways. This may be physical abuse, sexual abuse, medication errors, and more. Signs to look for can include but are not limited to:

  • Broken bones
  • Unexplained bruises
  • Malnutrition
  • Dehydration
  • Bedsores
  • Sudden weight loss
  • If the loved one expresses a fear of being left aloneĀ 

The Older Adults Protective Services Act was amended in 1997 to mandate reports of suspected abuse. All administrators and employees of facilities are required to report any abuse they suspect is taking place. These reports should be made to the local Area Agency on Aging and licensed agencies. Reports of sexual abuse, serious physical or bodily injury, or suspicious death should be made to the Department of Aging and local law enforcement.

What Rights Do Residents Have?

When a person resides in a nursing home, they must be aware that they have certain rights. This can include the following:

  • To be informed of their personal medical conditions
  • To be informed of any charges or services
  • To receive the policies, resident rights and procedures of their facility in writing
  • To be free of restraints unless medically ordered
  • To manage their own finances
  • To choose their own doctor and pharmacy
  • All records are confidential
  • To have their privacy, respect, and dignity maintained
  • To participate in their plan of care and refuse any treatment they wish
  • To voice their concerns without fear
  • To receive immediate visitor access from loved ones
  • To not be discharged or transferred unless for medical reasons, if the facility closes, nonpayment, or for reasons of their welfare or other residentsā€™ welfare

Contact our Firm

If you have been injured in a New York City accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive significant compensation to ease some of your burdens. To schedule a consultation with an experienced personal injury attorney in New York City, contact Swerling Law today.

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$3,250,000

Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.

$3,000,000

Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.

$2,325,000

To a man who sustained back injuries when he was a passenger in the car that rear ended another car.

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Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

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