Trusted Troy Nursing Home Abuse Lawyers
Troy, New York is home to a significant elderly population as well as several nursing homes. Nursing homes serve a vital social function, and good nursing homes are worth their weight in gold. Not all nursing homes are good and even a lapse in quality care by an otherwise conscientious nursing home can result in horrific suffering by your loved one.
There is no wrongdoing that turns the stomach quite like nursing home abuse. The term “nursing home abuse” means more than just active abuse – it means passive neglect, too. Bedsores, for example, are indicators of possible nursing home abuse. When you suspect nursing home abuse, you are going to need to (i) confirm it, (ii) make sure it stops immediately, and (iii) seek full compensation. You are going to need a lawyer for all three. Please contact our trusted Troy nursing home abuse lawyers to get answers about your concerns.
Our Nursing Home Abuse Practice Group
Our nursing home abuse practice is headed by Attorney John F. Harwick, Esq. John is licensed to practice in New York, before both state and federal courts. His stellar trial record is well-known. This will make a huge difference in the outcome of your case. Even if your case never goes to trial.
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.
Some of Our Other Areas of Practice
In addition to nursing home abuse, we also practice personal injury law by assisting victims of:
- Medical Malpractice
- Auto Accidents
- Wrongful Death
- Defective Products (such as medical devices)
- Slip and Fall Accidents
- Vaccine Injuries
- Podiatry Malpractice
Frequently Asked Questions (FAQs)
Are nursing homes in New York subject to specific regulations?
Nursing homes throughout New York are regulated by both New York nursing home regulations and, if they accept Medicaid/Medicare, federal nursing home regulations. In New York, violation of a nursing home regulation can be used to prove that the nursing home was negligent. The nursing home is liable for any resulting harm to your loved one. Proving negligence is also possible when no specific regulation has been violated.
Can I win a claim against a nursing home for a slip and fall accident?
It is certainly possible if you can prove negligence on the part of the nursing home or its employee. Perhaps floors were not kept dry, for example, or perhaps your loved one was inadequately supervised. It is even possible to file a claim for a slip and fall accident caused by another patient if the nursing home failed to provide adequate supervision.
What legal rights do nursing home residents enjoy?
Nursing home residents hold certain rights guaranteed under New York and federal law, including:
- The right to be treated with respect;
- The right to manage their property or to designate someone else to do this for them;
- The right to consult with their own doctor;
- The right to refuse treatment or medication;
- The right to live as independently a possible under the circumstances; and
- Many other rights.
Some of these rights (such as management of their property) can be transferred to another person if the nursing home resident is declared incompetent by a judge, or if they voluntarily execute a power of attorney.
How do I research the quality of a nursing home online?
For nursing homes that take Medicare/Medicaid (the vast majority of them), you can search the federal Medicare website. This webpage allows you to search by business name or geographic area. It lists the nursing home’s general quality rating, health inspection results, staff quality and other quality measures.
What are some of the most common indicators nursing home abuse?
Although many conditions might indicate nursing home abuse, some of the most common include:
- Decubitus ulcers (bedsores)
- Unexplained weight loss, possibly caused by malnutrition, especially if your loved one cannot eat without assistance,
- Bruises, cuts, abrasions or broken bones (possibly caused by falls resulting from inadequate supervision).
- Emotional problems (possibly caused by psychological abuse).
Feel free to get in touch with our Troy nursing home abuse lawyers to discuss your situation.
New York State Resource
The New York State Department of Health has a Nursing Home Complaint Form. 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.
Now is the Time to Spring into Action
Do you suspect that your loved one is being abused by a nursing home? You may be uncertain. In fact, you may not even be sure that nursing home abuse has occurred at all. However, at E. Stewart Jones Hacker Murphy, our experienced Troy nursing home abuse attorneys know the telltale signs. We will fight to make sure that your loved one is both protected and fully compensated.