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Bronx Nursing Home Abuse Attorney
Nursing home abuse and neglect has been a hot topic in the news over the past recent years. Sadly, the spotlight on this type of careless and reckless behavior has not brought it to an end. It is the main reason so many people are hesitant to place a loved one inside a nursing home. Unfortunately, there are many types of nursing home abuse, and it occurs for a variety of reasons. None of these are excusable, though. If you or someone you love has been the victim of abuse or neglect, contact a Bronx nursing home abuse attorney from Silberstein, Awad & Miklos, P.C. today.
Common Forms of Nursing Home Abuse
The Bronx is home to many quality nursing homes that provide the highest quality of care to their residents. However, this is not true for all facilities. Nursing home abuse and neglect takes many forms in nursing homes. While many people often think of residents being hit or ignored, there are other types of nursing home abuse, as well. There are seven categories of nursing home abuse, including:
- Physical abuse: This is the type of abuse most people first think of when they hear the term ‘nursing home abuse.’ Physical abuse includes hitting, beating, slapping, kicking, shoving, or any other action that results in the resident experiencing physical harm.
- Sexual abuse: While it is something no one wants to think about, sexual abuse does occur in nursing homes. Like in any other setting, sexual abuse is defined as any sexual contact without the victim’s consent. Coerced nudity, sexually explicit photography, and rape are all just some forms of sexual abuse. Many residents within nursing homes are unable to provide consent, so these actions are always considered sexual abuse in these cases.
- Emotional abuse: Not all abuse leaves physical marks. Emotional abuse includes humiliating or belittling a resident, isolating residents from others, and refusing to speak to a resident.
- Financial abuse: Financial abuse can take two forms in a nursing home. A staff member may steal a resident’s belongings, or they may trick a resident into giving them access to their bank account or making them a beneficiary in their will or other parts of their estate plan.
- Abandonment: Nursing home staff members must monitor and supervise residents at all times. When they abandon a resident or allow them to wander off, it is considered a form of abuse.
- Neglect: Unlike other types of abuse, such as physical and sexual abuse, neglect is not an intentional act but a careless one. Any action or inaction that causes a resident harm is considered neglect. For example, a staff member may fail to properly assist a resident, which results in the elder falling. Or, a staff member may negligently forget to give a resident water, which is another form of neglect.
- Self-neglect: Staff members in nursing homes are not only responsible for providing proper care to residents, but also for making sure residents are taking care of themselves. For example, if a resident refuses to bathe or eat, it is the responsibility of the staff members to ensure those needs are met.
Any time a resident suffers harm due to any of the above types of abuse, loved ones should talk to a Bronx nursing home abuse attorney that can help them claim the compensation they deserve.
Common Nursing Home Injuries
Nursing home abuse can cause many injuries, including concussions, deep lacerations, and more. However, there are four injuries that are most common in nursing homes. These include:
- Broken bones: The bones of the elderly are very frail and even a small amount of pressure or strain can cause them to break. Still, broken bones are most often caused by slip and falls, which occur all too often in nursing homes.
- Bedsores: Bedsores, also known as pressure ulcers, are one of the most common signs of nursing home abuse. These sores develop when seniors are left in the same position for a long period of time, placing a great deal of pressure on the same area of skin. It is the responsibility of nursing home staff members to regularly reposition elders that cannot move on their own to prevent bed sores from forming. The heels, ankles, hips, and tailbone are the most common areas of the body where bed sores develop.
- Medication errors: Many elders require a number of different medications. Considering that nursing homes have anywhere from ten to one hundred residents, it is easy to see how mistakes are made. Still, that is no excuse and when a nursing home resident suffers from a medication error, the facility can be held liable.
- Wrongful death: Tragically, not all seniors survive nursing home abuse. When that is the case, family members can hold the nursing home liable for causing a wrongful death.
Any time you see these injuries, or any other, it is important to speak to a lawyer who can help you claim damages for your loved one’s medical expenses, funeral and burial costs, and more.
Statute of Limitations on Nursing Home Abuse Claims
While it is true that you can claim compensation to help offset the financial cost of your loved one’s abuse or neglect, you must do so within a certain time period. This timeframe is known as the statute of limitations. If you do not file your claim before it expires, you will forfeit your right to any compensation. However, the statute of limitations will differ depending on the type of injury your loved one sustained. The most common time periods that apply to nursing home abuse claims are as follows:
- Personal injury: 3 years
- Wrongful death: 2 years
- Theft: 2 to 5 years
- Medical malpractice: 2 ½ years
An attorney will first have to conduct an investigation to determine liability, which is why it is so important to speak to a lawyer as soon as possible.
Get Legal Help Today
If your loved one has been the victim of abuse or neglect, do not hesitate to call our Bronx nursing home abuse attorneys today. At Silberstein, Awad & Miklos, P.C., we are dedicated to standing up for the rights of senior citizens and we have the experience necessary to help you recover the full damages you deserve. Contact us today to schedule a free consultation.