Respected Albany Nursing Home Abuse Lawyers
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. Human nature being what it is, however, nursing home abuse can occur in any of them. All it takes is a single careless or malevolent employee. When nursing home abuse occurs, however, you can fight back because the law provides you with what you need to do so. Get in touch with our Albany nursing home abuse lawyers to discuss your concerns.
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.
Attorney Ryan Finn, Esq.
Attorney Ryan Finn, Esq. leads our nursing home abuse practice. He was chosen because of his stellar academic record, his extensive experience in nursing home abuse cases and, above all, the passion for justice that energizes his fighting spirit. Are you being treated disrespectfully by the nursing home or an insurance company with whom you are trying to negotiate a settlement? Watch their attitude change when they discover that Mr. Finn is representing you.
Mr. Finn graduated summa cum laude from Union University right here in Albany, and he is licensed to practice before both state and federal courts in New York. Nobody understands the New York civil compensation system better than Mr. Finn does, and nobody is more familiar with the judges, attorneys, and other professionals who keep it all running.
Some of Our Other Areas of Practice
In addition to nursing home abuse claims, we also handle the following related claims:
- Medical Malpractice
- Wrongful Death
- Defective Products (such as medical devices)
- Slip and Fall Accidents
- Vaccine Injuries
- Podiatry Malpractice
Frequently Asked Questions (FAQs)
How can I discover if my loved one is being overmedicated?
If you suspect that your loved one is being overmedicated:
- File a request with the nursing home to view your loved one’s medical records;
- Speak with the nursing home administration or staff about it; and
- Contact an Albany nursing home abuse lawyer who can investigate the matter.
You might want to consider contacting a lawyer before you take the first two steps in order to avoid tipping off the nursing home that you plan to file a claim. If they know in advance, they might try covering it up by altering medical records, etc.
Nursing home staff failed to administer my mother’s medicine on time. Does she have a claim?
It is likely that she does – at least if you can show that harm resulted from this failure. As an employer, a nursing home is responsible for the negligence of its staff. In fact, you are likely to have a claim against both the staff member and the nursing home. This is important since a staff member might lack the financial means to pay a judgment.
What is 'negligence per se,' and how can it help me prove a nursing home abuse claim?
Negligence per se allows you to establish prima facie evidence of negligence if you can prove that the nursing home violated a relevant regulation. This switches the burden of proof to the defendant to prove that he wasn’t negligent, which could win the case for you. Once you prove negligence, you will still have to prove that the staff’s negligence harmed your loved one..
My father is mentally incompetent. Can I file a nursing home abuse lawsuit for him?
You can do so if:
- You have a durable power of attorney in your favor that was executed by your father before he became incompetent; or
- A court has appointed you as your father’s legal guardian.
How is nursing home neglect different from nursing home abuse?
New York State Resource
The New York State Department of Health has a Nursing Home Complaint Form. Information for filling out this form, as well as optional ways for contacting the Department of Health, can be found on the New York State Department of Health, Division of Nursing Home and ICF/IID Surveillance website.
Our Albany Nursing Home Abuse Attorneys – Can Help You Fight Back
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.
If you suspect that your loved one is suffering from nursing home abuse or neglect, you cannot afford to “wait and see.” You need to spring into action immediately. Contact us online or call our Albany office at (518) 486-8800 and speak with our experienced Albany nursing home abuse lawyers. Remember: you pay us nothing unless we win. We serve clients in Arbor Hill, Normanskill, Pine Hills, Manning Boulevard, and elsewhere in the Albany area.