Placing a loved one in a nursing home is a difficult decision that requires a great deal of trust in the facility and its caregivers. Discovering that your loved one is being mistreated can be devastating. Physical abuse in Long Island nursing homes can lead to serious injuries, medical complications, and emotional distress, making it even harder to trust care providers in the future. A nursing home abuse attorney can help you hold the abuser and the facility accountable, ensuring your loved one receives the care and protection they deserve. You may also be entitled to compensation to cover medical expenses and other damages.
Physical abuse in a Long Island nursing home is often committed by an individual staff member. It can take many forms, including direct attacks such as hitting or kicking, as well as medical abuse, which may involve withholding prescriptions, intentionally administering the wrong medication, or using restraints inappropriately.
The individual responsible for abuse in a nursing home may be held personally liable for their actions. However, the nursing home itself can also be legally responsible in multiple ways. The facility may be vicariously liable for the actions of its employees, meaning it can be held accountable for any negligent or harmful acts committed by staff while performing their job duties. Additionally, the nursing home may be considered negligent if it failed to supervise or screen employees appropriately, thereby allowing abuse to occur. For example, if an employee was previously fired from another nursing home for harming residents and the facility did not investigate their employment history, it could be held accountable for negligent hiring practices. Holding both the abuser and the nursing home accountable is essential to securing justice and preventing future harm to vulnerable residents.
Physical nursing home abuse typically falls under personal injury law, meaning the injured resident and their Long Island lawyer must prove that the nursing home was negligent. Negligence occurs when a person or facility has a duty to behave a certain way, fails to uphold that duty, and causes harm as a result. For example, a nursing home has a legal obligation to take reasonable steps to keep residents safe and provide treatment that meets the medical standard of care. If a worker intentionally harms a resident, they are clearly negligent. Similarly, if a facility fails to properly supervise its employees and does not notice or address abusive behaviour, it may also be considered negligent.
Once negligence has been established, the attorney can file a lawsuit in the appropriate court. If the abused nursing home resident is not mentally competent, a court-appointed guardian will need to manage the lawsuit on their behalf. This is common in cases where the resident suffers from dementia or other cognitive impairments. Most lawsuits settle before going to trial, so the attorney will negotiate with the responsible parties to reach a fair settlement. Compensation may cover financial losses, such as healthcare expenses, as well as non-financial damages for intangibles like pain and suffering or emotional distress.
Physical abuse in Long Island nursing homes is not only emotionally devastating but can also lead to increased healthcare costs for your loved one. A nursing home abuse lawyer can help your family hold the facility accountable and get the compensation you deserve. At Duffy & Duffy, we have the expertise and dedication needed to handle these complex cases. Contact us today to schedule your free consultation and take the first step toward seeking justice for your loved one.
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.