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Schenectady Nursing Home Abuse Attorneys

Schenectady Nursing Home Abuse Attorneys

Nursing Home Abuse Cases in NY

Schenectady, New York, like any other city, hosts its share of elderly and infirm residents, who require and deserve the utmost protection. Unfortunately, all too often, we hear of nursing home staff, who are charged with the responsibility for the well-being of nursing home residents, abusing their authority to bully or harm this vulnerable population. Please contact our Schenectady nursing home abuse lawyers to talk about your concerns or questions.

Nursing Home Neglect

Not all nursing home abuse is active — some of it is passive.

  • “Forgetting” to give a resident a shower or allowing the resident to languish alone and isolated.
  • Malnutrition may be a sign of nursing home neglect, especially if your loved one requires assistance to eat.
  • Bedsores, also known as decubitus ulcers, are a common sign of neglect because they indicate that your loved one has remained in a lying or sitting position for long periods without change.
  • Bruises, abrasions and broken bones can indicate frequent falls resulting from inadequate supervision or may even be used as an excuse to mask physical abuse.

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 Related Areas of Practice

We also handle the following related injury claims, among others:

  • Medical Malpractice
  • Wrongful Death
  • Auto Accidents
  • Defective Products (such as medical devices)
  • Slip and Fall Accidents
  • Podiatry Malpractice

Frequently Asked Questions (FAQs)

Can a nursing home be held responsible for the negligence of its employee? 
Yes. Under the doctrine of respondeat superior, employees are the agents of their employers. This means that the employer can be forced to pay for damages caused by the negligence of its employee as long as the employee was acting within the scope of his duties at the time the negligence occurred. You don’t need to prove that the nursing home itself was at fault as long as you prove that one of its employees was at fault. Contact our highly experienced Schenectady nursing home abuse attorneys to discuss your situation.

Are punitive damages available in a nursing home abuse claim? 
Potentially, although courts are generally reluctant to award punitive damages even to winning claimants. Punitive damages are awarded, if at all, in addition to normal compensatory damages. To win, the defendant’s conduct must have been outrageous. Organized and systematic abuse, for example, might qualify, as might repeated sexual abuse that was covered up by the nursing home.

What are my legal options if my spouse died from nursing home abuse? 
If your spouse died from nursing home abuse, the personal representative of your spouse’s estate will be entitled to file a wrongful death lawsuit under New York law. You will likely be appointed the personal representative, either in your spouse’s last will and testament or, if no valid will is probated, upon appointment by the probate court. Wrongful death judgments can be large, and compensation goes to the probate estate for distribution to heirs and devisees.

How can understaffing result in nursing home abuse? 
Understaffing is one of the most common causes of nursing home abuse. It is also an issue that directly implicates the nursing home administration since it is administration that determines staffing levels. Understaffing can result in problems such as missed medication, bedsores, or inadequate supervision. This problem is found more often at private, for-profit nursing homes.

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.

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Have Questions?

We Have Answers!
  • If I hire an attorney but do not want to go to trial, can I settle?
    In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
    Contact us now to discuss your case with one of our experienced attorneys.
  • If arrested, what steps can I take on my behalf?

    1. Do not discuss your situation with anyone except your attorney.

    2. Unless your attorney says otherwise, do not discuss your case with law enforcement.

    3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.

    4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
    Contact us now to discuss your case with one of our experienced attorneys.

  • What is the difference between criminal procedure and civil procedure?
    When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
    Contact us now to discuss your case with one of our experienced attorneys.