Saratoga Springs Nursing Home Abuse Attorneys
Nursing Home Abuse Cases
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 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
Nursing home neglect is never acceptable. Detecting nursing home abuse can sometimes 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) dehydration and malnutrition. Be sure to photograph any physical signs of nursing home abuse so that it can be used as evidence.
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
Our lawyers also handle the following related types of injury claims, among others:
- Auto Accidents
- Medical Malpractice
- Wrongful Death
- Defective Products (such as medical devices)
- Slip and Fall Accidents
- 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 estate 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 – Make a Complaint to the NYS Department of Health
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.
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; we do not get paid until you get paid.
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) 284-3183 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 the entire Saratoga and upstate region.