Nursing Home Abuse Lawyer
Residents of nursing homes are among the most vulnerable victims of abuse and neglect, as well as the least able to defend themselves.
Decades ago, New York passed robust laws to help nursing home abuse victims and increase the likelihood they will receive compensation.
Long Island and Manhattan, NY, trust Levine & Slavit for these cases because of our extensive track record of success.
Nursing Home Residents
Have Many Rights
We understand many of our clients feel powerless and unsure of exactly what they are owed. Federal and state laws guarantee certain rights to nursing home residents. When these rights have been violated, our nursing home abuse lawyers can seek restitution with a lawsuit.
Residents have, among other things, the right to:
- Manage their own financial affairs
- Exercise civil and religious liberties
- Privacy, confidentiality, and security
- Voice complaints without fear of reprisal
- Private communications with their doctor, attorney, or any other person
- Eat kosher or halal food upon request
- Freedom from mental and physical abuse
- A statement of the nursing home’s regulations
- Courteous, fair, respectful care and treatment
- Receive adequate medical care and participate in medical decisions
Examples of Nursing Home Abuse
Nursing home abuse takes many forms. While some may be obvious, others are insidious and hard to detect. Our nursing home abuse attorneys know how to identify and combat abuse. Examples include:
Our attorneys know how to identify even hard-to-detect abuse
Physical Abuse
Nursing home staff sometimes cause physical harm to the people they are charged with caring for. This can include pushing, slapping, and hitting. Physical abuse can also take the form of restraining a resident against their will.
Emotional Abuse
Emotional abuse is very psychologically damaging. It includes nursing home staff verbally abusing your loved one. Stopping a resident from seeing their friends, family, or any other desired visitor is also a form of emotional abuse.
Sexual Abuse
While horrifying to think about, sexual abuse does occur in nursing homes. It can include forcing a resident to commit sexual acts, forcing them to witness sexual behavior, or taking lewd photographs of the resident.
Financial Abuse
There are many types of financial abuse in care facilities. Sometimes, financial abuse can be as straightforward as stealing credit cards. It can also escalate to forgery, identity theft, and the changing of wills and trusts.
New York Does Not Limit Compensation In Nursing Home Abuse Cases
Some states put limits, or "caps," on how much compensation a plaintiff can receive in a personal injury, medical malpractice, or wrongful death cases. New York does not. This means our Manhattan-based team can seek major monetary compensation for the suffering you or your family member endured in a nursing home.
Categories of Compensation
You May Be Entitled to
Clients who have suffered due to nursing home abuse come to our Manhattan or Long Island locations to seek compensation in the following categories and potentially more:
- Medical bills
- Living expenses
- Lost companionship
- Property reimbursement
- Interest on lost investments
- Funeral expenses
- Burial expenses
- Mental health counseling
- Physical rehabilitation
- Cost of changing nursing homes
Our New York City Team Has Won Many Major Victories
Our Manhattan-based law firm has won multi-million dollar verdicts and settlements across a vast spectrum of case types. In one example, we obtained $4.1 million for a client in a medical malpractice case. Two of our victories that may have similarities to your nursing home abuse case are discussed below.
$250,000 Home Health Aide Case
Our elderly client had surveillance cameras in her home to monitor caregiver behavior. Her daughter stopped by to drop groceries off and was stunned to find her on the floor. The home health aide claimed our client had just fallen. We used surveillance footage to prove the aide watched television and ate for an hour while our client was on the floor.
$1,000,000 Failure to Diagnose
Our 88-year-old client fell down a flight of stairs in his home, fracturing his T10 vertebrae. Medical professionals failed to diagnose his injury in a timely manner, leading to various spinal cord issues and epidural hematoma, causing partial paralysis. Our client only partially recovered from these injuries. We obtained a $1 million settlement in spite of his advanced age.
Talk to Proven Elder Abuse Attorneys Who Charge Nothing Upfront
People who move into nursing homes deserve to receive the quality care they pay for and need. Unfortunately, far too many are subjected to neglect and abuse. Levine & Slavit is highly sensitive to the emotional, physical, and financial harm you have suffered.
To ensure you do not struggle with any additional financial burden, our law firm will handle your case on a contingency basis. We begin with a free consultation and do not charge a single cent unless we attain a verdict or settlement on your behalf. Then, we are paid a percentage of this amount. This arrangement ensures you can focus on recovery and that our priority is obtaining the most compensation possible. Call or write to us to begin the process.
(212) 687-2777
"They stood up for us."
Hear From a Satisfied Manhattan Client
"There are not enough good words to say about this firm...Ira Slavit is very professional and very responsive...If he could not get back to you right away, he always had one of the staff call us..but I usually spoke to him or Leonard Slavit, and they always were able to explain what I needed to know at that time. They stood up for us and did a very good job.. If you are looking for a good attorney who is very professional, than look no more...Give Ira Slavit a call, I honestly think you will be happy
with that decision." Elena Decanio, 5-Star Google Review
Signs of Nursing Home Abuse
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Nursing home abuse can manifest in various symptoms. Physical signs to look out for include unexplained bruising, bedsores, sudden weight loss, or a disheveled look. Emotional signs to watch for include loss of enjoyment, agitation, rocking back and forth, or an inability to sleep.
More Key Nursing Home Abuse Laws
Our New York City law firm is well-versed in all relevant laws governing nursing home neglect and the mistreatment of nursing home residents. Key laws our nursing home abuse lawyers may examine in your case include:
NYSPHL Sec. 2899-A
Care facility owners must conduct background checks of nursing home staff and obtain sworn statements from potential employees regarding any prior resident abuse or criminal convictions.
NYSPHL Sec. 2895-B
Nursing homes in our state are required to meet minimum staffing levels. They are also required to average staffing hours of at least 3.5 hours of care per resident per day.
NYSPHL Sec. 2828
New York nursing homes must spend at least 70% of revenue on direct resident care and at least 40% of this revenue must be spent on resident-facing staffing.
Statute of Limitation Laws Limit Your Time to File
Statute of limitations laws set hard deadlines for when different types of lawsuits must be filed by. Missing your deadline will mean you almost certainly forfeit your right to legal compensation. Here are key statute of limitations regarding nursing home abuse cases:
The statute of limitations in most cases for suing a nursing home in New York is three years. Generally speaking, the ticking clock begins once a person knew or reasonably should have known about the nursing home abuse.
If the nursing home where the elder abuse occurred was government-owned, you typically have an even shorter deadline to file. If your family member passed away, you may have two-and-a-half years to file a medical malpractice wrongful death lawsuit or just two years to file any other type of wrongful death case.
Call or write to our nursing home abuse attorneys so we can meet your deadlines and seek maximum compensation.
(212) 687-2777
Nursing Homes Failed Families
During the Covid-19 Pandemic
Over the first two years of the Covid-19 pandemic, New Yorkers filed over 35,000 complaints against nursing homes. The high number of complaints was lodged due to worries about rampant neglect and safety violations during the peak of the virus.
State Health Department inspectors evaluated the response to these complaints. As of January 14, 2022, a staggering 96% were unsubstantiated or unresolved.
If you or your loved one was victimized by nursing home staff or care facility negligence during this time period, you may still have time to file a lawsuit and obtain deserved compensation.
COVID-19 killed over 15,000 nursing home residents. Many more suffered from nursing home negligence, nursing home neglect, and even death as a consequence of nursing home negligence. Our Manhattan team is here to help seek financial justice for these victims.
Can You Sue For Nursing Home Abuse If You Were Not a Long-Term, Elderly Resident?
Yes, our Manhattan nursing home abuse lawyers do not believe that it is a requirement for a plaintiff in these cases to have been a long-term elderly resident.
For example, we could take on a case for a person who experienced nursing home negligence while completing a short-term rehabilitation stay at a nursing home following open heart surgery.
