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New York Nursing Home Abuse Attorney Representing Plaintiffs in Troy

Anyone who has a loved one in a nursing home or assisted-living facility in or around Troy, New York should be able to expect that their loved one will be treated properly and that the facility will be a safe place. Yet nursing home abuse and neglect occurs much too often in New York and throughout the country. According to the National Center on Elder Abuse (NCEA), elder abuse is more common than you might think. The NCEA reports that as many as 1 out of every 13 older adults in the state of New York have suffered some form of elder abuse in the previous year alone, and that number is likely to be even higher given the fact that elder abuse is markedly underreported. Some studies estimate that 10 percent or more of all adults aged 60 and older have been the victims of elder abuse.

If you have concerns about an elderly loved one’s safety or you would like to have your case assessed by an experienced Troy nursing home abuse lawyer, do not hesitate to get in touch with the dedicated advocates at Powers & Santola, LLP today.

Defining Elder Abuse in Troy, NY

The NCEA explains that, although there is no single definition of elder abuse, a generally accepted definition is physical, sexual, or psychological abuse, as well as neglect and financial exploitation of an older person by someone else, that occurs either in a relationship where there is an expectation of trust and/or when an older person is targeted based on disability or age.

Many incidents of elder abuse occur in nursing homes and assisted-living facilities. Yet, elder abuse can occur anywhere, including in an older adult’s own home.

Common Types of Nursing Home Abuse Cases in Troy, New York

Nursing home abuse cases can take many different forms, including but not limited to:

Physical abuse;
Emotional or psychological abuse;
Verbal abuse;
Intentional deprivation, which can result in injuries tied to malnutrition, dehydration, and infection;
Passive neglect, which can lead to injuries like bedsores and falls;
Sexual abuse; and
Financial abuse.

Signs and Symptoms

Signs and Symptoms of Troy Nursing Home Abuse and Neglect

Depending upon the type of abuse, nursing home negligence can have many different signs and symptoms. Signs that should raise alerts include but are not limited to:

Unexplained physical injuries;
Bruises;
Cuts;
Broken bones;
Restraint marks;
Bedsores;
Torn or bloody clothing;
Senior who seems uneasy around a particular nursing home worker;
Senior who looks unkempt and generally uncared for;
Senior who has lost interest in activities without any seeming explanation;
Despondent behavior;
Infection; and/or
Lack of health aides such as a hearing aid.

Resident Rights

Nursing Home Resident Rights in Troy

Each state has its own definition of “elder abuse.” In New York, it is defined as any crime or violation involving a victim who is 60 years old or older.

Nursing home residents in Troy have rights. The New York State Department of Health (DOH) outlines resident rights in nursing homes across the state, which include the following, among others:

Dignity, respect, and a comfortable living environment;
Quality of care and treatment without discrimination;
Freedom of choice to make your own independent choices;
To be informed in writing about services and fees before you enter the nursing home;
The safeguard of your property and money;
Privacy in communications;
Receive visitors of your choosing at the time of your choosing;
Be free from abuse including verbal, sexual, mental, and physical abuse;
Be free from restraints; and
Exercise all of your rights without fear of reprisals.

Statute of Limitations

Statute of Limitations for Filing a Nursing Home Negligence Claim in Troy, NY

Under New York law, most nursing home abuse cases alleging personal injuries will need to be filed within three years from the date of the incident. If a plaintiff waits too long to file and the time window closes, that plaintiff’s claim can become time-barred and the plaintiff will be ineligible for compensation.

Contact a Troy Nursing Home Abuse Attorney for Assistance with Your Claim

Whenever you are concerned about an elderly family member’s safety or well-being at a nursing home, it is critical to seek advice from one of our Troy nursing home abuse attorneys as soon as possible. Taking steps to hold a nursing facility accountable for nursing home abuse or neglect can allow your loved one to seek compensation for injuries and can help to prevent future harm at the facility. Contact Powers & Santola, LLP for more information about the personal injury services we provide to older adults and their families throughout upstate New York.

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