Proven Saratoga Nursing Home Abuse Lawyers
Saratoga, New York, home to the Saratoga Race Course and christened by Sports Illustrated Magazine as one of the “Top 10 Sporting Venues of the 20th Century,” is famous for many reasons. Fortunately, nursing home abuse is not one of them. It still happens, nevertheless, and far too often. When it does happen, it is important that you (i) identify it quickly, (ii) get it stopped immediately, and (iii) seek just compensation for the suffering of your loved one. Reach out to our committed Saratoga nursing home abuse lawyers to discuss your concerns.
Telltale Signs of Abuse
Detecting nursing home abuse can be tricky. If your loved one is suffering physically or emotionally, it might be normal aging or it might be the result of the condition that required nursing care in the first place. Determining whether nursing home abuse occurred might require an investigation, which we are fully capable of undertaking.
Bedsores, also known as decubitus ulcers, are one of the most common signs that nursing home neglect has occurred and they can be used as persuasive evidence. Other symptoms of nursing home neglect include frequent falls (which might indicate inadequate supervision) and malnutrition. Be sure to photograph any physical signs of nursing home abuse so that it can be used as evidence.
Meet Attorney Ryan Finn, Esq.
Attorney Ryan Finn, Esq. heads our firm’s nursing home abuse practice group. After graduating summa cum laude from Albany Law School, he was admitted to the New York State Bar Association in 2005. He is also licensed to practice before both New York and federal courts. Nevertheless, most of Mr. Finn’s nursing home abuse clients receive out-of-court settlements because, quite frankly, no opposing party looks forward to facing him in court.
Some of Our Other Areas of Practice
Our lawyers also handle the following related types of claims, among others:
- Medical Malpractice
- Wrongful Death
- Defective Products (such as medical devices)
- Slip and Fall Accidents
- Vaccine Injuries
- Podiatry Malpractice
Frequently Asked Questions (FAQs)
Do nursing home residents have a 'Bill of Rights'?
You could say so. Nursing home residents are endowed by state and federal law with many rights, including:
- The right to be treated with dignified and respectful treatment;
- The right to manage their money or execute a power of attorney to delegate this power to someone else of their own choice;
- The right to choose their own doctor;
- The right to refuse medication;
- The right to refuse treatment; and
- The right to live as independently as their condition permits.
Many more rights exist as well. Some (but not all) of these rights can be removed if the resident is declared legally incompetent.
What types of nursing home abuse are covered under state and federal law?
The term “abuse” includes, but is not necessarily limited to:
- Physical abuse;
- Improper restraints, including chemical restraints;
- Emotional abuse;
- Sexual abuse, including consensual sexual activity if the resident has been declared legally incompetent;
- Financial abuse;
- Neglect; and
- Failure by staff to prevent abuse committed by visitors or other patients.
If you have questions about these abuses or others please contact our Saratoga nursing home abuse attorneys to get answers.
Do nursing homes have written policies and procedures?
Yes. In fact, all nursing homes are legally required to generate written policies and procedures. The resident enjoys the right to review them or appoint someone else to do so. The resident can file a claim against a nursing home for violating one if its own policies or procedures – at least if harm resulted.
My loved one died from nursing home abuse. Am I out of legal options?
No. The personal representative of your loved one’s probate estate (probably the spouse, if still alive and competent) can file a New York wrongful death claim. Compensation can be extensive, and it goes to the probate estate for distribution under the will (or, absent a valid will, under New York intestate succession law).
New York State Resource
The New York State Department of Health has a Nursing Home Complaint Form pdf. Further 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.
At E. Stewart Jones Hacker Murphy, we’re not playing around. We fight to win, whether that victory comes in court or at the settlement table. We only win if you win, too. Under our fee structure, you only pay us if we win your case. Even then, our fees are proportional to the amount of money you win..
If your loved one is suffering from nursing home abuse, or if you suspect that such abuse is ongoing, contact us online or call our office at (518) 832-5224 to speak with our Saratoga nursing home abuse attorneys. Even if you are not sure whether you have a claim, we can investigate to determine whether nursing home abuse has actually occurred. We serve clients in Evergreen Point, Louden Road, Meadow Shore Colony, Schuylerville, and elsewhere in the Saratoga area.