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Law Suits Against NY Nursing Home Abuse

Law Suits Against NY Nursing Home Abuse

Respected Albany Nursing Home Abuse Attorneys

One’s lifetime is usually filled with experiences and contributions to loved ones, a profession, and the community. Toward the end of life, time and declining health takes its toll and often requires our loved ones needing help to navigate day-to-day living. This could mean daily in-home care by healthcare aides and even family members. Eventually, it may even require your loved one to leave their home and live in a nursing home or assisted living facility where they can receive the care they need to live comfortably and safely.

Albany, New York, situated in New York’s Capital Region, is home to many elderly and infirm residents as well as quite a few nursing homes. Most are exemplary. Some are mediocre. Some are worse. Not every nursing home is properly equipped or staffed to provide the care our loved ones deserve. In the worst cases, someone we love could become a victim of injury or death due to negligence or mistreatment. These situations are unforgivable and must not be taken lightly. Your loved one and your family have rights and we are here to help guide you through the process. When nursing home abuse occurs, you can fight back. Get in touch with our Albany nursing home abuse lawyers to discuss your concerns.

Bedsores

Not all nursing home abuse is active. Nursing home staff are obligated not only to refrain from harming their patients but also to diligently assist them. Failure to properly care for a patient constitutes nursing home neglect, which is a form of abuse. Bedsores, also known as decubitus ulcers, are a warning sign of nursing home abuse because they arise when your loved one lies in bed or sits for long periods without changing position. Fortunately, the presence of bedsores can be used as evidence of nursing home abuse. Let a trusted Albany nursing home abuse attorney at E. Stewart Jones Hacker Murphy help you.

Elderly Abuse, Neglect, and Nursing Home Abuse Settlements and Jury Verdicts

If you believe a loved one is a victim of abuse or neglect by a caregiver or at a nursing home, the laws in New York State provide legal means for you to hold those responsible and pursue compensation for injury or death due to neglect or failure to meet standards of care.

Standards of Care for Elderly in Long Term Care or at Nursing Homes

Nursing homes and long-term care facilities that receive federal funds are responsible for providing quality of care, and compliance with New York State and Federal regulations and laws.

Unfortunately, far too many facilities serving the needs of the elderly fail to meet standards of care, and/or comply with federal and state regulations and laws designed to protect patients at long-term care facilities and nursing homes.

Rights of Nursing Home Residents in New York State

New York State mandates that every nursing home resident is entitled to:

  • Quality of care and treatment, without discrimination
  • Privacy in communications
  • Dignity, respect in a comfortable living environment
  • Safeguard of personal property and money
  • Freedom of choice to make their own, independent decisions
  • Safeguards in admission transfer and discharge to and from the nursing home
  • Participation in organizations and activities of one’s choice
  • Access to easy to use and responsive complaint procedures
  • The ability to exercise all of one’s rights without fear of reprisal

Any action to prevent or deny a resident of long term care or nursing home facility requires action. Not only for the benefit of one patient, but also because infractions will also occur against other residents.

Our Nursing Home Abuse Practice Group

Of course, most clients prefer settlement to trial – and so do most lawyers. But does your lawyer prefer settlement because he is afraid of going to trial, or does the other side prefer settlement because they are afraid to face your lawyer in court? With the attorneys at E. Stewart Jones Hacker Murphy, the answer is never in doubt, because we are always ready to fight and win, either at the settlement table or, if necessary, in court.

Considering a nursing home or elderly abuse lawsuit? 
Contact us today for a free consultation to discuss your case.

Compassionate – Aggressive Legal Representation

At E. Stewart Jones Hacker Murphy, we admit we are two-faced: compassionate and supportive to our clients, and tough as nails towards any opposing party who dares try to take advantage of them. Our courtroom record is so successful that, ironically, we don’t go to court as often as we used to – opposing parties usually prefer to negotiate a settlement instead. When someone you love has been hurt, you need more than a good lawyer. You need a compassionate Albany nursing home abuse lawyer that is experienced and prepared to protect the rights of you and your loved one.

E. Stewart Jones Hacker Murphy also represents clients with the following injury cases:

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Have Questions?

We Have Answers!
  • If I hire an attorney but do not want to go to trial, can I settle?
    In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
    Contact us now to discuss your case with one of our experienced attorneys.
  • If arrested, what steps can I take on my behalf?

    1. Do not discuss your situation with anyone except your attorney.

    2. Unless your attorney says otherwise, do not discuss your case with law enforcement.

    3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.

    4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
    Contact us now to discuss your case with one of our experienced attorneys.

  • What is the difference between criminal procedure and civil procedure?
    When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
    Contact us now to discuss your case with one of our experienced attorneys.