Seeing old age or health conditions make life difficult for our loved ones is not easy. Above all, we want to do something to ensure their needs are met. In Buffalo, New York, dozens of nursing homes provide care to people who cannot live independently. When patients receive proper care, families are relieved and grateful. Yet, sometimes patients are abused or neglected.
If you suspect your loved one was mistreated in a Buffalo nursing home, you and your loved ones have rights guaranteed by New York law. The personal injury attorneys of Cellino Law can explain your legal options and pursue justice for your family.
A Cellino Law attorney is ready to help. Our legal team is available to provide support to Erie County residents 24 hours a day, 7 days a week. Schedule your free case evaluation at (888) 888-8888, and continue reading to learn how a nursing home abuse lawyer can help your family now.
What Are The Duties of Nursing Homes in Buffalo, NY?
The services offered by nursing homes vary, but usually include physical and occupational therapy, acute medical care, stroke and general rehabilitation, custodial care, or hospice care. Some people stay only long enough to recover from a medical condition, while others need long-term care.
Federal and state organizations regulate Medicare- or Medicaid-certified nursing homes to ensure that assisted living facilities meet specific standards, such as:
- Providing proper medical care
- Notifying representatives about issues and concerns
- Being free from discrimination, abuse, and neglect
- Being free from unnecessary physical and chemical restraints
- Treating residents with respect
- Allowing visitors and opportunities to participate in activities
- Providing proper privacy and security
- Maintaining a tidy and clean environment, especially floors, to prevent slip and fall injuries
Every nursing home has its own personality. Some have a warm, welcoming environment and caring and knowledgeable staff. Others are impersonal with employees who seem too busy or disinterested to create a home-like atmosphere for residents and guests.
A facility that allows abuse or neglect is the worst of all. As the family of a Buffalo nursing home resident, you have the right to expect your loved one to be treated well. A nursing home should be free from:
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- Physical abuse – Occurs when someone’s action causes physical pain or injury
- Sexual abuse – Includes any sexual activity of any kind with someone unwilling or unable to give consent; no one should threaten or force a nursing home resident to participate in sensual touching, fondling, or intercourse
- Emotional abuse –Refers to the act of threatening, harassing, intimidating, or otherwise verbally assaulting someone
- Neglect and deprivation –Involves denying residents of basic needs (e.g. food, clothing, shelter, medical care, or physical assistance)
- Confinement – Describes the condition of isolating a patient or restricting his or her movements for non-medical reasons
- Financial exploitation –Means stealing, misusing, or withholding a patient’s resources or property
According to the National Council on Aging (NCO), about every 1 in 10 seniors experiences elder abuse. Yet, only 1 of 24 cases of elder abuse is reported.
Learning to identify the signs of physical abuse could help keep your loved one safe:
- Bruises, scars, broken bones, burns, or abrasions
- Sexually transmitted diseases, genital infections, or bleeding
- An unexplained fall
- Dehydration or malnutrition
- Unusual weight loss
- Missing glasses, canes, hearing aids, or other assistive devices
- Bedsores (pressure sores)
- A state of being over- or under-medicated
- Unattended medical needs
- Lack of hygiene
- Cluttered or dirty living conditions
Other damage may not be as visible. You might need to look for these sort of changes in the personality and habits of your family member:
- A higher than normal level of fear or anxiety
- Unusual behavior
- Insomnia or other changes in sleep patterns
- Withdrawal from employees, peers, or family members
- Disinterest in daily activities or things they once enjoyed
If you suspect nursing home abuse or neglect, contact our law firm without delay. Cellino Law personal injury lawyers can investigate and take action if your loved one was injured because of nursing home negligence or abuse.
What Happens When a Nursing Home Neglects Its Responsibilities?
The consequences of Buffalo nursing home abuse are too severe to ignore. Nursing home negligence often results in pressure sores, malnutrition, and worsening physical and emotional health. Nursing home abuse could lead to terrible injuries, such as a brain injury or broken bones.
A senior resident might never recover from nursing home abuse. The NCO reports that abuse victims are 300 percent more likely to die than those who have not been mistreated.
If nursing home neglect and abuse cause injuries or death, victims and their families have rights protected by New York state law. Buffalo nursing home abuse lawyers can take legal action to hold facilities responsible for their mistakes and wrong actions.
Our lawyers are committed to doing our part to eliminate Buffalo nursing home abuse. To that end, we offer free legal advice for residents of Buffalo, NY, who have been affected by abuse and neglect in local nursing homes.
If a facility resident is in immediate danger, though, please call 911. You can reach our nursing home negligence team at (888) 888-8888.
Nursing homes in Erie County can face criminal charges in the State of New York if they are responsible for injuries in nursing home abuse and neglect cases. If caregivers intentionally withhold basic needs as a means of punishment or control, or commit criminal acts, they could be charged with:
- Unlawful imprisonment
- Endangering the welfare of a vulnerable, elderly, incompetent, or physically disabled person
- Reckless endangerment
- Criminally negligent homicide
- Kidnapping or stalking
- Assault, sexual misconduct, sexual abuse, or rape
- Forgery, unlawful use of a credit or debit card, or fraudulently obtaining a signature
In the case of an understaffed or ill-managed nursing home, these acts of nursing home neglect might occur without any ill intent on the part of the employees. For instance, if a nursing home facility has too few staff, or the employees lack adequate training, a patient could be left too long in one position. Unrelieved pressure on the skin can lead to pressure sores (decubitus ulcers) and other medical issues.
As personal injury attorneys, our role at Cellino Law firm is to help you pursue justice by seeking financial compensation for your losses.
What Legal Damages Might I Be Eligible to Claim?
Nursing home abuse victims might qualify to have damages covered. Damages refer to the losses a resident suffers due to an injury and may be covered by means of an insurance claim and/or a personal injury settlement. If the patient dies because of nursing home neglect, an attorney can pursue damages on behalf of close family members.
How can a lawyer get you the financial compensation you deserve for your personal injury damages? You might think going to trial is the only option, and this process might seem intimidating. Yet, most abuse cases never go as far as court. Why?
In large part, our success relates to extensive knowledge and hands-on experience. For more than 60 years, our nursing home abuse attorneys have skillfully dealt with insurance companies directly to win maximum compensation for our clients by means of an easy, out-of-court settlement.
Your Buffalo, New York, claim for personal injury compensation could cover:
- Medical bills: A settlement for a nursing home abuse case medical compensation (i.e. hospital bills, emergency services, assistive devices, prescriptions, and other related healthcare expenses)
- Future medical expenses: Pending medical costs, including follow-up visits and rehabilitation
- Compensation for significant life changes: Quality of life changes, such as loss of enjoyment, disfigurement, scarring, emotional distress, and pain and suffering
- Transportation: The cost of transferring your family member to another nursing facility
- Restitution: Reimbursement for stolen, misused, or withheld financial resources
- Death expenses: Funeral, cremation, and burial expenses
To find out what settlement you might be eligible to receive, request your free abuse case evaluation by calling our toll-free number: (888) 888-8888.
When Should You Contact a Cellino Law Firm?
At Cellino Law, our attorneys want injured nursing home residents and their families to get justice and recover their losses. Yet, some hesitate to reach out for the help they need.
Have you ever wondered:
- Do I have a valid personal injury case?
- Can I afford to hire a nursing home abuse lawyer?
- Is Cellino Law the right law firm for me?
- I live outside of Buffalo, NY. Will Cellino Law nursing home abuse attorneys be able to help me?
- Someone was injured, but not because of nursing home abuse. What other practice areas do Cellino Law attorneys handle?
Every one of these questions can be answered during your free personal injury and wrongful death case consultation. Our nursing home abuse attorneys have the resources to review cases throughout the State of New York.
Cellino Law attorneys are ready to help you when you need us. We never want financial worries to hold you back from getting legal advice. We do not charge upfront fees. In other words, you don’t pay your attorney anything unless we win compensation on your behalf by means of an insurance settlement or court trial.
You will not be charged anything for your initial consultation. Your fees will come out of your settlement, so you never pay out of pocket. Even the phone call to (888) 888-8888 is free. To top it all off, there are three additional reasons why you should contact Cellino Law as soon as possible.
The statute of limitations in Buffalo, NY
A statute of limitations is a deadline set by a state after which victims cannot pursue legal claims. If you wait too long, you may miss your opportunity to seek financial compensation. A Cellino Law attorney can let you know whether you still have time to get the justice you deserve. As soon as you contact our law firm, we can begin the necessary steps to investigate your claim.
Insurance company deadlines
Insurance companies also set deadlines for filing a claim. No matter how valid your case is, you will have trouble collecting your settlement funds if you turn in the paperwork too late. An efficient attorney can help you document your experience and file your claim on time, avoiding mistakes and omissions that can cause costly delays.
The continuation of nursing home abuse and neglect
Unless resident facilities are held responsible, nursing home negligence and abuse will likely continue. Vulnerable people, including elderly ones and those with disabilities, deserve to be treated with dignity and respect. Their health is on the line when Buffalo nursing homes fail their duties. A caring lawyer with Cellino Law can help you take measures to protect the rights of those injured in nursing homes.
How Can I Get In Contact With a Buffalo Abuse and Neglect Lawyer?
Getting in touch with an attorney is easy. Please take advantage of one of the following ways to reach a lawyer in Buffalo, NY:
- Call us at (888) 888-8888 toll-free or access our local phone line at (716) 714-0464.
- Send a message and we will get back to you. Remember, if you are unable to travel, a lawyer can meet you in a convenient location to review your case.
- Visit our Buffalo attorney center, located at 350 Main Street, 2500 Main Place Tower, Buffalo, NY, 14202.
A nursing home should be a pleasant place for residents to receive skilled health care and recuperate from medical conditions. If you or a loved one had a bad experience in a New York nursing facility, a Cellino Law attorney is waiting to hear your story.
Are you ready to work with a trusted law firm with extensive experience and resources? Our award-winning team is ready to make a difference in your life.