Nursing Home Abuse Lawyers In New York City

Did you or a loved one suffer negligence or abuse in a nursing home in New York? Our nursing home abuse lawyers can help you get the justice and compensation you deserve.

Sadly, nursing home abuse is all too common in The United States. A 2014 study by the US Inspector General found that one in three (33%) individuals who are admitted to a nursing home for rehabilitation are harmed, with the most common cause being inadequate care and monitoring. The same study revealed that 6% of patients died prematurely due to inadequate or improper care.

In over 43 years of reviewing patient care in New York nursing homes our attorneys have:

• found patients who are not properly monitored and attended to, leading to falls
• discovered inadequate nursing care resulting in bed sores and medication errors
• uncovered serious issues with staffing, resulting in poor supervision with patients wandering off and getting lost
• uncovered evidence of patient assaults and abuse in nursing homes and nursing care facilities

We have prosecuted cases of inadequate patient care in nursing homes and long term care facilities throughout the State of New York, and our nursing home abuse attorneys understand that the root cause of patient injuries in nursing homes is the inadequate and improper care that they received.

Contact us today for a free consultation and find out how we can help with your New York nursing home abuse case.

How De Caro & Kaplen, LLP Can Assist With Your New York Nursing Home Abuse Case

The experienced nursing home abuse lawyers at De Caro & Kaplen, LLP understand the patterns of abuse and malpractice in nursing homes.

After accepting your New York nursing home abuse case our attorneys will:

• Obtain and carefully review your (or your loved ones) medical records
• Obtain court orders for reviewing nursing home’s internal records (including staffing records, internal memos, rules and procedures
• Obtain records and inspection reports from the Health Department to uncover patterns of elder abuse and inadequate care
• Determine whether a nursing home has complied with state and federal care regulations
• Treat you with the compassion and respect you deserve
• Work on a contingency basis (you only pay if we succeed in receiving compensation for your injuries)
• Prepare every case as if it will go to trial (we are prepared to do so)

In prosecuting cases of nursing home abuse and neglect, we make it a practice not only to obtain and carefully review a nursing home patient’s medical records, we also get court orders letting us obtain and review the internal records of the nursing home itself including staffing records, internal memos, rules and policies.

All too often the facts surrounding nursing home negligence are hidden from patients and their families. Injuries resulting from negligence are not reported to family members, and patients do not receive the care they deserve. As nursing home negligence attorneys, all patients have the right to quality nursing home care and deserve proper compensation when victims of neglect and malpractice. Additionally, we obtain the records and inspection reports from the Health Department to uncover patterns of elder abuse and inadequate nursing home care. We maintain up to date copies of all applicable state nursing home codes and federal nursing home care regulations.  These rules and regulations let us determine whether a nursing home has complied with state and federal nursing home safety and nursing home care regulations.

For over 43 years, Shana De Caro and Michael Kaplen have handled cases of nursing home malpractice in New York City and throughout New York State including Long Island (Nassau and Suffolk Counties), Westchester, Rockland, and Orange Counties, in the Mid-Hudson region including Ulster and Sullivan Counties and throughout upstate New York including Albany, Buffalo, Rochester and Syracuse areas.  Let us put our experience, skill and resources to work for you.

If your loved one has sustained bed sores/pressure ulcers, fractures, malnutrition, physical abuse, or sexual abuse or other injury  while a patient in a New York nursing home, residential health care facility or long term care facility, contact us at De Caro & Kaplen, LLP to schedule a free, no obligation appointment.

Call us toll free at 1 (866) 272-4652. Our team of experienced nursing home attorneys will assess your case for and explore your legal options. Isn’t it time you fight back? Shift the scales in your favor with lawyers who have the knowledge and experience in nursing home negligence and abuse cases to properly represent your loved one.

What Types Of Nursing Home Abuse Cases Can We Assist With?

De Caro & Kaplen, LLP can represent patients in cases involving any form of nursing home negligence or abuse, including:

• Nursing home abuse
• Incompetent or inadequate nursing home staff
• Bed sores
• Falls due to nursing home neglect
• Poor nutrition
• Hip fractures
• Emotional, mental, or verbal abuse
• Burns
• Medication errors
• Physical and sexual abuse
• Financial exploitation

Nursing Home Abuse

Sadly, elder abuse including physical and sexual abuse has been found in some nursing homes, leading to a nursing home malpractice claim. Untrained staff as well as those who have not had sufficient background checks have been hired by nursing homes. Clues that should alert the nursing home administration to elder abuse are often ignored.

Incompetent or Inadequate Nursing Home Staff

Our nursing home abuse lawyers have been involved where improper staffing has led to patient injury. In one case, there was only one nurse responsible for more patients than it was possible to handle. Due to the lack of trained nurses, it became impossible to render nursing care to all the patients requiring help. In another case of nursing home negligence, responsibility for care was left to unskilled aides and orderlies because the nursing home was trying to save money.

Bed Sores

Decubitus ulcers, often called pressure ulcers or bed sores are caused by poor medical and nursing care. Bed sores/pressure ulcers often occur in hospitals and nursing homes because of:

• failure to take proper precautions such as:turning a patient every two hours,
• allowing a patient to remain in their own urine,
• failure to eliminate pressure points on a patient’s skin

We have found that although bed sore prevention protocols exist  in the nursing facility, the nursing home staff and nursing care facility staff often fail to follow them. Often the nursing home staff are inadequately trained or insufficient staff are present to provide proper care.

Proper bed sore prevention techniques and good nursing care will prevent bed sores from developing. By carefully reviewing a patient’s chart and nursing home staffing patterns we have been able to determine that a patient was not turned at proper intervals causing bed sores to develop that went unrecognized and untreated. Often the inadequate care of bed sores causes them to become infected, requiring surgery and months of rehabilitation. We have been able to obtain compensation for pressure sores caused by poor nursing care and nursing home neglect.

Falls due to Nursing Home Neglect

Falls often take place because of nursing home negligence. Without proper supervision or assistance, patients may be allowed to get out of bed or walk. Nursing home patients may be forced to leave their beds and go to the bathroom alone because their calls for help have been ignored. Sometimes, patients fall out of bed because proper bed rails or patient restraints were not in place.

In other instances, patients suffering from dementia have wandered out of the nursing home because they were not properly supervised, or the nursing home lacked enough monitoring equipment. We have even been retained where a patient was dropped because of the lack of transfer skills by nursing home staff or because not enough staff was present to ensure a safe transfer. Usually, falls in a nursing home are preventable if proper care and precautions are taken.

Poor Nutrition at Nursing Homes

Poor attention to a nursing home patient’s nutritional requirements can lead to injury or even death. Improper hydration of the patient, failing to provide the patient enough calories and providing food that a patient cannot tolerate have all been found in cases of nursing home negligence. Cases of patient’s choking because their food was not properly prepared or the failure of the nursing home staff to supervise eating have also been encountered by our New York nursing home malpractice attorneys.

Hip Fractures

Nursing home patients often sustain hip fractures because of the poor care they have received.

A hip fracture in a nursing home patient is a life changing or life ending event.

A recent study published in the Journal of the American Medical Association (JAMA) on the long term outcome of nursing home patients sustained a hip  fracture [Survival and Functional Outcome After Hip Fracture Among Nursing Home Residents JAMA Intern Med: 2014; 174(8):1273-1280] reported:

36.2% of patients in nursing homes who sustained a hip fracture died within 6 months and 53.5% of patients became dependent within 6 months. The study concluded, “Survival and functional outcomes are poor after hip fracture among nursing home residents, particularly for patients receiving nonoperative management, the oldest old, and patients with multiple comorbidities and advanced cognitive impairment.”

Who Is Liable For Nursing Home Abuse in New York?

The simple answer is that any individual or entity who has caused harm through negligence or abuse may be liable. In nursing home abuse cases, this could include (but is not limited to):

• Nursing homes and/or their parent companies if applicable
• Doctors and physicians assistants
• All nursing staff and assistants
• Contracted vendors and care providers
• Security staff
• Custodians, groundskeepers, and maintenance staff

As you can see from the list above, it may not always be the nursing home or its staff that is directly liable. For example, an outside contractor may have provided faulty equipment, or a catering supplier may have supplied food that causes food poisoning.

Improper training may also be the fault of an external party.

While maybe you initially have a good idea of the individual or entity responsible for the harm caused to you or your loved one, part of our job is to look at all procedures, processes and suppliers, to determine culpability.

Again, any individual or entity whose negligence or abuse caused you or your loved one harm may be liable.

What Are The Warning Signs Of Nursing Home Abuse?

Victims of nursing home abuse may be afraid, or sometimes, unable to speak out.

So as a family member or friend of an individual living in a nursing home in New York it is important to look out for signs of neglect or abuse.

These signs may include:

• Bed injuries such as bed sores
• Unexplained changes to emotional state or behavior. For example, becoming more withdrawn, anxious, agitated, or less communicative
• Injuries from falls, impacts, or blows to the head (including bruising and fractures)
• Signs of malnutrition, including sudden weight loss, or weight gain
• Dehydration
• Infections
• Instances of wandering within the facility
• Anxiety around certain staff members
• Heavy medication or sedation
• Injuries that require hospitalization

If you spot any of the above signs of abuse it is important to report them (see information below), and speak to a qualified nursing home abuse attorney without delay.

Do not ignore the warning signs of nursing home negligence and abuse.

How Can You Report Nursing Home Abuse In New York?

If you suspect you or a loved one has been subjected to neglect or abuse in a New York nursing home you should report to The New York State Department of Health, Division of Nursing Home and ICF/IID Surveillance.

Any individual can file a complaint, and all complaints are confidential. They can also be made anonymously.

To make a complaint you can fill in the dedicated form on the New York State Department of Health website here, or call the Nursing Home Complaint Hotline on 1-888-201-4563.

You can also send a printed form to:

NYSDOH DRS/SNHCP
MAILSTOP: CA/LTC
EMPIRE STATE PLAZA
ALBANY, NEW YORK 12237

Or email the form to nhintake@health.ny.gov.

Our nursing home abuse lawyers can help you with the complaint process. Please contact us for more information.

How Common Are Nursing Home Negligence Complaints In New York City?

Between August 1st 2017 and July 31st 2021 there were 11,346 allegations of inadequate care or violations of federal or state regulations filed against nursing homes in New York City.

And on average, there were 38.6 complaints per 100 occupied beds in each NYC facility.

These complaints, along with facility inspections by the Department of Health, resulted in issuing 2,230 citations to NYC nursing homes over the period.

Data source: NYS Health Profiles

Which Nursing Homes In New York City Receive The Most Complaints?

Between August 1st 2017 and July 31st 2021, the Terence Cardinal Cooke Health Care Center in Manhattan was the NYC nursing home which received the highest number of complaints (513), while the Park Nursing Home in Queens had the highest number of complaints registered per 100 patients (125.6).

The table below (ordered by complaints per 100 beds) shows the total number of complaints, complaints per 100 beds, total citations, and citations related to actual harm or immediate jeopardy filed against each nursing home in New York City between August 1st 2017 and July 31st 2021.

Your New York City Nursing Home Negligence Case

Nursing home abuse victims should be treated with kindness and compassion. Those responsible for causing harm shouldn’t.

We have over 43 years’ experience representing victims of nursing home abuse.

We devote our time and attention to each client and case and keep qualified nursing, nutritional, and medical experts to analyze the care received.

We protect and pursue the rights of the most vulnerable population in the most vulnerable place. 

Our firm helps individuals harmed because of negligence by nursing home facilities and staff in New York City and New York State.

Our highly trained, experienced, and compassionate lawyers will guide you through the process from start to finish, and we operate on a contingency basis, which means there is no upfront cost, and we will only receive a fee if we succeed in obtaining compensation.

Please get in touch and let us help you get the compensation and justice you and your family deserve for your NYC nursing home negligence or abuse case.

Areas We Serve

Our nursing home negligence lawyers serve the entire State of New York including New York City, The Bronx, Brooklyn, Manhattan, Staten Island and Queens. We also serve Nassau and Suffolk, Rockland, Westchester Counties, Albany, Buffalo, Rochester and Syracuse and surrounding areas.