Entrusting the care of a loved one to a nursing home is a difficult decision. You have a right to expect a safe environment where they are treated with dignity and receive professional care. When that trust is violated through neglect or abuse, our New York nursing home neglect lawyers are here to hold the responsible parties accountable. We are dedicated to fighting for the most vulnerable members of our community and securing the justice and compensation they deserve.
What is Nursing Home Neglect?
Nursing home neglect occurs when a facility, its staff, or its administrators fail to provide a resident with the care they need, resulting in harm. This is different from intentional abuse, but the consequences can be just as severe.
Common acts of negligence often result from systemic issues within the facility, such as:
- Understaffing: Not enough employees to provide residents with adequate attention.
- Inadequate Training: Staff who lack the skills to handle medical conditions, dietary needs, or emotional distress.
- Poor Management: A failure by administrators to enforce safety protocols, conduct background checks, or address complaints.
Common Injuries Caused by Negligence
Negligence can lead to a wide range of preventable injuries and medical conditions. These issues often become the focus of a nursing home neglect lawsuit.
- Bedsores (Pressure Ulcers): These are a clear sign of inattentive care, often caused by residents not being moved or repositioned frequently. In severe cases, they can lead to dangerous infections like sepsis.
- Falls: Unsupervised residents, wet floors, or broken equipment can lead to severe fractures, head injuries, or even wrongful death.
- Malnutrition & Dehydration: A failure to provide sufficient food and water or to assist residents who have difficulty eating.
- Medication Errors: These can be caused by giving the wrong medication, the wrong dose, or failing to administer medication on time.
- Infections: Unsanitary conditions or a failure to provide proper medical care can lead to dangerous infections.
The Legal Process in a Nursing Home Lawsuit
The legal process for a nursing home negligence claim can be complex, but our firm handles every step for you:
- Initial Investigation: We gather all relevant documents, including medical records, incident reports, and staff logs.
- Filing the Complaint: We file a formal complaint against all responsible parties, officially starting the lawsuit.
- Discovery: This is where we exchange evidence with the other side, taking depositions and building our case.
- Mediation & Settlement: Many cases are resolved through negotiation. We will aggressively fight for a fair settlement.
- Trial: If a fair settlement cannot be reached, we are prepared to take your case to court to seek a verdict from a jury.
Damages You Can Recover
In a nursing home negligence lawsuit, your family can seek compensation for a range of damages:
- Economic Damages: These are the quantifiable, out-of-pocket costs of the injury. They include medical bills, the cost of moving to a new facility, and funeral expenses.
- Non-Economic Damages: These are the intangible losses related to the injury. They include pain and suffering, emotional distress, and loss of enjoyment of life.
Contact Us for a Free Consultation
If you suspect your loved one is a victim of neglect, do not wait. The well-being of your loved one is paramount. Contact our New York nursing home neglect lawyers today for a free, confidential consultation.
Holding Those Accountable for Abuse in Foster Care
Foster care abuse should never happen. Children placed into foster care, on either a temporary or permanent basis, have the right to be placed in a home where they are safe and free of danger, from both adults residing in the home as well as other children. Unfortunately, this is not always the case and there have been situations where children have been negligently placed into homes with foster parents who are abusive, suffer from mental illnesses, who have relatives that are registered sex offenders who visit or reside within the home or are placed with other minors who have a documented history of violence or sexual abuse.
The idea of a foster home is to provide a safe and nurturing environment for children who cannot be with their biological families. When that safety is shattered by abuse, the consequences can be devastating. If you or your child has been abused in foster care, you may have legal options to hold those responsible accountable.
Who Can Be Liable for Foster Care Abuse in New York?
In many cases of foster care abuse, more than one party may be responsible. Here’s a breakdown of potential liable parties:
- Foster Parents: Those directly responsible for the child’s care have a legal duty to provide a safe and healthy environment. If they abuse or neglect the child, they can be held legally liable.
- Child Placement Agencies: Agencies have a responsibility to thoroughly screen potential foster parents and monitor placements to ensure child safety. Failure to adequately screen or monitor can lead to liability if abuse occurs.
- Government Agencies: Government agencies that oversee the foster care system may be held liable if they fail to properly oversee child placement agencies or address known safety issues.
How Our Firm Can Help
Any potential foster care abuse case requires a detailed understanding of the facts, the processes, and the law. If foster case abuse has impacted your life, you will want to consult with an experienced attorney to see if you should pursue a lawsuit.
At Berkowitz & Weitz Law, P.C., we understand the immense trauma inflicted by abuse in foster care. Our experienced attorneys can help you explore your legal options and fight for the compensation you deserve. We will:
- Investigate the circumstances of the abuse.
- Gather evidence to support your claim.
- Negotiate with liable parties on your behalf.
- Represent you in court, if necessary.
Why Choose Berkowitz & Weitz Law, P.C.?
We are committed to protecting the vulnerable and holding those accountable for causing harm. We offer compassionate and dedicated representation throughout the legal process.
Contact Us for a Free Consultation
If you or your child has been abused in foster care in New York, contact Berkowitz & Weitz Law, P.C. today for a free consultation. We will discuss your case and answer your questions.
Disclaimer
This content is for informational purposes only and should not be construed as legal advice. Please consult with an attorney to discuss your specific situation.
When you go out for an evening in New York City, you have a right to expect a safe environment. Unfortunately, poor management or a lack of security can turn a night of fun into a devastating ordeal. If you were injured due to negligence at a bar, club, or restaurant, you may have a valid claim. Our NYC bar, club, and restaurant liability attorneys are here to hold negligent parties accountable and fight for the compensation you deserve.
Understanding the Duty of Care
Property owners, managers, and staff of these establishments have a legal duty of care to protect their patrons from foreseeable harm. This responsibility extends beyond basic cleanliness and includes protecting against accidents and dangerous behavior. When they fail in this duty, and a patron is injured as a result, they can be held liable.
Injuries & Negligence: What Constitutes a Claim?
Liability in these cases can arise from a number of negligent actions or inactions. Our legal team is experienced in investigating and litigating a wide range of claims, including:
- Slip and Fall Accidents: Injuries caused by wet floors, broken stairs, poor lighting, or other hazardous conditions.
- Negligent Security: When inadequate staffing, poor security training, or a failure to install cameras or other safety measures leads to a foreseeable crime.
- Assault and Battery: Injuries sustained from a fight, either by another patron or a bouncer, when the establishment failed to maintain order.
- Over-Serving Patrons: Accidents caused by visibly intoxicated individuals who were negligently served too much alcohol. In New York, this falls under Dram Shop Law, which holds establishments liable for the actions of their intoxicated patrons. The New York State Liquor Authority is the government body that oversees these regulations.
- Food Poisoning: Sickness or injury from contaminated food or beverages.
How We Build Your Liability Case
Proving negligence requires more than just showing you were injured. Our attorneys work to establish a direct link between the establishment’s negligence and your injuries. We do this by:
- Gathering Evidence: We collect incident reports, security camera footage, eyewitness statements, and employee records.
- Proving Foreseeability: We investigate the establishment’s history of similar incidents to prove they should have known of the danger.
- Calculating Damages: We work with medical professionals and financial experts to calculate all of your losses, including medical bills, lost wages, and pain and suffering.
Contact Us
Please call us for a free consultation and we will be happy to discuss any potential case with you.