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(516) 394-4200
(516) 394-4200 (516) 394-4200
Our attorneys understand that when they are most vulnerable, nursing home residents often are unable to protect themselves. Our Long Island nursing home abuse lawyers protect the rights of patients throughout all five New York boroughs. We will guide you through the legal process to help you secure the compensation your loved ones deserve.
When you contact our NY firm, you can rest easy knowing that we provide both sound legal advice as well as a compassionate attitude to walk alongside you. Licensed care facilities, including skilled nursing facilities, nursing homes, and assisted living facilities, are supposed to provide support for elderly persons and individuals with severe disabilities. Unfortunately, nursing homes and their employees sometimes fail to live up to the expectations that come with this arrangement. We have earned a reputation as aggressive litigators, and our nursing home abuse lawyers in Long Island will take the time to talk through your case, listen to your concerns, and guide you through the legal process.
If having a legal team by your side to perform these critical tasks appeals to you, please contact us for a free consultation.
At Duffy & Duffy, our nursing home abuse lawyers are dedicated advocates for nursing home residents and their families throughout Long Island and the surrounding areas. We dedicate a significant portion of our practice to asserting the rights of elderly individuals to receive the quality of care that they deserve without being exposed to unnecessary hazards. Our attorneys understand that nursing home residents often are unable to protect themselves, and we can pursue any legal remedies to which they might be entitled.
Licensed care facilities are supposed to provide support for elderly persons and individuals with severe disabilities. Unfortunately, nursing homes and their employees sometimes fail to live up to the expectations that come with this arrangement. When that happens, the victim and his or her family may pursue compensation.
Nursing home abuse is similar to medical malpractice. Just as doctors are expected to meet a certain professional standard when treating patients, so too are licensed care facilities and their employees obligated to provide a designated level of care to their residents. Section 415.1 of the Public Health Law requires New York nursing homes to offer services “in a manner and quality consistent with generally accepted standards of practice.” Meanwhile, the federal Nursing Home Reform Law mandates that a nursing home resident “be provided with services sufficient to attain and maintain his or her highest practicable physical, mental, and psycho-social well-being.”
These standards of care vary based on a resident’s physical and mental condition. A person who suffers from dementia, for example, may need more regular supervision than one who does not. Similarly, a resident who has previously fallen out of his or her bed may require additional safeguards to prevent it from happening again, especially since the facility and its staff would be aware of the risk.
Thanks to the efforts of my attorneys at Duffy & Duffy, I was able to receive a settlement of $500,000.
From the very first meeting with you, I was treated with respect and compassion. The staff was always professional and dedicated.
Your expertise and commitment to our case is really appreciated. It is a tremendous weight off our shoulders to know that Victor will be able to live his life reasonably and comfortably.
Complaints against nursing homes in New York can be filed with the New York Department of Health. You may also wish to explore private legal action, in addition to reporting the facility to government authorities.
The New York Department of Health maintains profiles on all registered nursing homes within the state, which you can look up here. This includes any information on reported violations or pending actions against the facilities in question.
There are several potential statutes of limitation that may affect your ability to bring a lawsuit with some being as short as 90 days. It is important that you speak to an attorney familiar with these types of cases as soon as possible.
Yes, you can bring a wrongful death suit against a nursing home if they died as a result of the nursing home’s negligence. However, the lawsuit must be brought by the executor of the person’s estate.
In the event that the victim of elder abuse cannot sue on their own behalf, anyone who has been granted the victim’s power of attorney, or who has been appointed as their legal guardian, can sue on their behalf. In the event that the victim is deceased, it will fall to the executor of the victim’s estate to sue on their behalf.
If the home and its workers fail to live up to the standard of care, they are likely to be legally liable for any injuries that result from their negligence. The victim has a right to sue the home and to recoup damages covering medical costs, pain and suffering, and any other losses. The types of elder abuse can range from physical abuse and sexual abuse to emotional abuse and mental abuse, some elder abuse victims have even suffered financial abuse.
Moreover, an injured person may be able to obtain additional damages when the behavior at issue amounts to gross negligence or willful, wanton, or particularly reprehensible conduct. This form of additional relief is called “punitive damages” and is designed to punish a person or entity for wrongdoing that goes beyond ordinary carelessness.
Some courts have adopted a more expansive view of the circumstances under which punitive damages are generally warranted when considering nursing home cases. Given the high level of care that a facility’s staff is generally required to provide, and their intimate understanding of many of the health and safety risks that often arise in these settings, a court may be willing to find that the failure to properly address these risks can justify punitive damages. A lawyer in Long Island could work to secure the damages a person needs after nursing home abuse.
At Duffy & Duffy, we have decades of experience fighting to protect the legal rights and personal safety of New York nursing home residents. We understand the law as it applies to these nursing home abuse cases, and we know how to build persuasive cases for the people whom we represent. It is important to have an experienced attorney fighting for you or your family members that have been injured due to nursing home negligence.
If you or a loved one has been hurt at a licensed care facility, you should not hesitate to contact the Long Island nursing home abuse lawyers at Duffy & Duffy. Contact us online or call us at (516) 394-4200 to set up a free consultation.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.
