Nursing Home Abuse
You and Your Loved Ones Are The Highest Priority
If you have elderly relatives residing in a nursing home, you know the importance of quality care. When you entrust your loved ones’ well-being to a facility, you do so with the belief that they will be cared for with dignity and respect and that all of their needs will be appropriately met. Unfortunately, this is not always the case. That is when you may need the help of a Buffalo nursing home abuse lawyer.
Why Choose Us?
The Buffalo nursing home abuse attorneys at Feroleto Law work diligently to get justice for victims of nursing home abuse and neglect, which may include significant compensation. Led by Buffalo native Attorney John Feroleto, the legal team at Feroleto Law cares deeply about identifying nursing home abuse cases and putting an end to this horrific treatment.
Choose Feroleto Law and get a firm with:
- A reputation for going the extra mile for clients,
- A history of recovering substantial compensation for clients over the years, &
- A deep connection with the communities throughout Western New York.
Attorney John Feroleto has taught extensively on numerous complex topics relating to personal injury litigation and is also called upon by other attorneys to help them increase their clients’ compensation. You can rely on Feroleto Law to fight hard for your claim and help you take care of your loved one.
Call (716) 854-0700 to speak with a Buffalo nursing home abuse attorney. Learn what you can do to put an end to the abuse and get recompense for any harm done to your loved one. Contact Feroleto Law today!
What Is Nursing Home Abuse?
Our Nursing Home Lawyers in Buffalo Explain the Laws
According to the New York State Health Department, and Federal Regulations meant to protect those in nursing homes, there are specific rights and levels of service and care that nursing home staff are required to provide each resident. When they receive anything less than the professional medical care they are due, the situation is deemed, according to the law, nursing home abuse. A nursing home abuse lawyer can help you understand whether a resident’s rights have been violated.
While New York does not have mandatory reporting laws concerning elder abuse and neglect, it does state that individuals caring for the elderly (both at home and in facilities) should report possible abuse to the police or the New York State Department of Health.
Additionally, the state has several laws in place to protect the elderly in nursing homes, including N.Y. Penal Law § 260.32 and N.Y. Penal Law § 260.34. Both deal with the endangerment of the welfare of a vulnerable elderly person or an incompetent or physically disabled person (in the first and second degrees).
Another New York State Law designed to protect those in nursing homes is Kathy’s Law. In effect since November of 1998, this law protects individuals receiving home health care and those who reside in nursing homes by increasing the penalties for caregivers who abuse them.
Federal regulation 42 CFR 483.25 requires nursing homes to ensure that residents receive treatment and care in accordance with professional standards of practice, the resident’s comprehensive person-centered care plan, and the resident’s choices. This includes ensuring that: the resident’s environment is free of accident hazards, the resident’s nutritional status is within acceptable parameters, any resident who is incontinent of bladder or bowel receives appropriate treatment and services to prevent infections, and each resident receives care, consistent with professional standards of practice, to prevent pressure ulcers.
Your nursing home abuse attorneys in Buffalo and the surrounding Western New York area can work with you to explain the laws and how they relate to your specific situation.
Nursing Home Abuse: A Common Problem
Unfortunately, abuse in nursing homes is not rare. In fact, according to the World Health Organization, “Rates of elder abuse are high in institutions such as nursing homes and long-term care facilities, with 2 in 3 staff reporting that they have committed abuse in the past year.”
This statistic is horrifying; clearly much needs to be done. However, there are many issues in play that make preventing nursing home abuse difficult.
One primary reason is that many people (both those working in facilities and the residents themselves) are hesitant to report abuse. Nursing home employees are concerned with the repercussions of reporting. And, unfortunately, many who are suffering will remain silent about the abuse because, given the nature of the circumstances in these facilities, they are worried about the consequences of speaking up.
Additionally, a significant percentage of those in nursing homes may not even be aware that the abuse is occurring, or they may be unable to communicate their experience to others.
The Rights of Nursing Home Residents in New York
When someone you love lives in a nursing home, you believe they are receiving the physical and emotional care they need. In fact, according to the New York State Department of Health’s website, the rights of nursing home residents include:
- Dignity, respect, and a comfortable living environment
- Quality of care and treatment without discrimination
- Freedom of choice to make your own, independent decisions
- To be informed in writing about services and fees before you enter the nursing home
- The safeguard of your property and money
- Right to appeal a transfer or discharge with the New York State Department of Health
- Privacy in communications
- Choosing your own schedule, activities, and other preferences that are important to you
- To receive visitors of your choosing at the time of your choosing.
- An easy-to-use and responsive complaint procedure
- To be free from abuse including verbal, sexual, mental, and physical abuse
- To be free from restraints.
You also have the right to exercise these rights without fear of reprisals. Sadly, some nursing home residents fear the very people who are charged with providing for their basic needs.
You can compare the nursing homes in your area before placing a loved one in the facility. Both Medicare and NYS Department of Health provide tools for you to utilize to compare nursing home in your area. The websites allow you to see not only the overall rating of nursing homes, but how they scored on their inspections as well as what violations they were cited for recently.
Nursing Home Issues
Pay Attention When You Visit
Residents of nursing homes and their families expect their experiences to be positive. The goal is to provide assistance to those unable to care for themselves. Problems arise when there is a gap between these expectations and the services provided.
BECAUSE SO MANY INSTANCES OF ABUSE GO UNREPORTED, YOU MUST PAY ATTENTION WHEN YOU VISIT YOUR LOVED ONES.
Should you see any of these warning signs, it is important to ask questions and investigate to protect the one you love. Warning signs include, but are not limited to:
- Unexplained bruising or injuries
- Rapid weight loss
- Sudden onset of disease
- Decreased mental stability
If you believe that someone you love is the victim of abuse in a facility, contact Feroleto Law. Our nursing home lawyers can help determine the best way for you to proceed.
Detecting Physical Abuse
Physical abuse can include slapping, punching, kicking, hair pulling, and even the inappropriate use of restraints. While not all these behaviors would be noticeable to you, as a visitor, keep an eye out for unexplained bruising, broken bones, and loss of hair and teeth.
Identifying Psychological Abuse
Sometimes the most devastating abuse is the kind that does not leave physical evidence. Psychological abuse includes both verbal and nonverbal behaviors. Yelling, insulting, and threatening an individual can leave them fearful and can affect their emotional well-being. But, just as hurtful are non-verbal behaviors, like ignoring someone or isolating them from others.
WE ALL KNOW THAT QUALITY CARE GOES FAR BEYOND THE PHYSICAL. INCREASED ANXIETY, FEAR, AND DEPRESSION MAY BE SIGNS OF EMOTIONAL ABUSE.
Thwarting Financial Abuse
While this seems unlikely, financial abuse in nursing homes is a real problem. Examples include stealing money or personal effects, forging signatures on checks, convincing residents to sign documents (like a power of attorney) allocating funds, or authorizing control over their finances.
If you have a family member living in a nursing home, keep close track of their finances and personal belongings, and ensure that you have completed the appropriate protective legal documents.
Understanding Sexual Abuse in a Nursing Home Case
Groping, rape, and exposure are all examples of sexual abuse that can occur in a nursing home. Often those taken advantage of do not have the physical capabilities to defend themselves or the mental capacity to consent to sexual acts.
Recognizing Neglect in a Nursing Home
Lack of care, also known as neglect, is another form of abuse — one that frequently affects nursing home residents. Neglect occurs when staff at the facility do not provide:
- Appropriate movement of immobile residents
- Timely and responsible distribution of all medication
- Adequate opportunities for socialization
- Response to residents’ requests
- Food and water
- Basic hygiene assistance.
Not meeting these very important needs means the nursing home may be guilty of neglect, and your loved one may be suffering the consequences.
Feroleto Law: Your Buffalo Nursing Home Abuse Lawyers
We Provide Reliable Representation
At Feroleto Law, our nursing home abuse attorneys are well-versed in the related law.
WE UNDERSTAND HOW TO HANDLE CASES LIKE THIS AND WILL MANAGE ALL ADMINISTRATIVE ISSUES SO THAT YOU CAN FOCUS YOUR ATTENTION ON YOUR LOVED ONE.
Once you become a client of Feroleto Law, our firm will get to work on investigating your loved one’s condition and determining who is liable for their injuries. We can also help you contact the appropriate authorities and do what we can to help you get your loved one to a place of safety.
Our Buffalo nursing home abuse attorneys will:
- Manage all paperwork and documents related to your nursing home abuse claim
- Handle all communications with the defendants nursing home (there is almost never attorney communication with adjusters in NH cases so do not want this confused with dealing with the insurance companies for the clients to get forms of treatment, therapies, etc. covered by insurance when denied by the resident’s own health insurance)
- Thoroughly investigate the incident in question
- Conduct discovery and depositions
- Negotiate for a proper settlement or file a lawsuit for damages.
We have faithfully served thousands of clients from communities throughout Western New York and the entire state. Our Buffalo nursing home abuse lawyers have recovered millions of dollars for our clients. Count on Feroleto Law to fight just as hard for you. Contact us today at (716) 854-0700.
Frequently Asked Questions Heard by Our Nursing Home Lawyers
Our Nursing Home Attorneys in Buffalo Provide Answers
Here we have answered some of the most common questions our nursing home abuse lawyers in Buffalo receive. Please feel free to contact a Buffalo nursing home abuse attorney for more information.
Are nursing homes regulated?
Yes, nursing homes are regulated by the federal government as well as the states in which they operate. This double layer of regulation is designed to protect the elderly, an extremely vulnerable segment of our population.
To whom should I report elder abuse in New York State?
It is critical to report elder abuse, both confirmed cases and instances where you are simply suspicious. If someone’s well-being is in immediate danger, of course, call 911. If you suspect abuse, call 311. Additionally, you can contact the New York State Protective Services for Adults, and the state has also compiled a list of resources. You should also contact your nursing home abuse attorneys in Buffalo.
Do I need to file a nursing home abuse claim within a specific time period?
Yes, but the statute of limitations for nursing home abuse/neglect can vary based upon the type of facility you bring suit against. Therefore, you should promptly contact a nursing home abuse attorney from our team to ensure a suit is filed within the appropriate time period. Your nursing home abuse attorney can help explain this requirement to you.
Should I speak with nursing home administrative representatives if they contact me?
No, you should only speak with your nursing home abuse lawyer. They are looking out for your best interests, while the nursing home administration will be looking to protect their facility, staff, and reputation.
What does nursing home abuse legal representation cost?
When you work with the experienced nursing home lawyers at Feroleto Law in Buffalo, you will pay no legal fees if we do not win your case.
Contact our nursing home abuse lawyers in Buffalo at (716) 854-0700 for more answers to your questions about nursing home abuse. Our attorneys also handle nursing home cases in Rochester and the surrounding Western New York areas, such as Batavia, Syracuse, and Albion.
Contact Our Nursing Home Lawyer Today
Learn How Our Nursing Home Abuse Attorney Can Help You
If you suspect nursing home abuse, we invite you to contact the nursing home attorneys in Buffalo at Feroleto Law today. Our experienced professionals will work with you, explain your legal options, and explore what actions, if any, you should take.
Understanding Our Legal Fees
You and your loved ones are the highest priority. Our Buffalo nursing home lawyers are committed to protecting your loved one’s rights. As such, if we don’t win, you don’t owe us compensation. (Disbursements may or may not be waived, based on the fee charged, per NY State regulations.)
Contact us today at (716) 854-0700 to learn more about the services we provide and how we can help you. Our personal injury lawyers will listen carefully to what you or your loved one is enduring and will provide you with the advice and counsel you need to move forward.
There are no circumstances under which nursing home abuse or neglect is acceptable. Our nursing home lawyers are dedicated to helping victims and their families.
Attorney John Feroleto
Attorney John Feroleto understands the value of hard work. He is known in the community and by his peers for his willingness to work and go the extra mile. Other lawyers often ask John to handle their trial matters to maximize clients’ recovery. Trial lawyers know who the best trial lawyers are. He was also named Trial Attorney of the Year in 2012 by the Western New York Affiliate of New York State Trial Lawyers Association. [ Attorney Bio ]