Nursing Home Abuse

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Thomas P. Valet
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Over 30 Years Experience and Over $500 Million Dollars in Settlements and Awards.
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Nursing Home Abuse Lawyer NYC - Thomas Valet - Free Consultation

Nursing Home Abuse Lawyer NYC - Thomas Valet - Free Consultation

Nursing Home Negligence Law Firm in Manhattan and Suffolk County, Long Island New York

Contact Tom Valet
Contact Tom Valet for a Free Consultation
What Qualifies as Nursing Home Abuse?

Nursing home abuse involves the psychological and/or physical mistreatment or harm of a resident caused by a negligent or intentional act of a caregiver employed at the nursing home facility. This mistreatment, or abuse, typically falls under six areas, which includes:
  • Emotional abuse
  • Neglect
  • Abandonment
  • Physical abuse
  • Financial abuse
  • Sexual abuse
These six categories encompass a wide range of incidents and behavior, including verbal abuse, such as name calling, coming into someone else's room and rummaging through their personal belongings, having food taken off your plate without permission, hitting, shoving, and more. In other words, it is any undesirable behavior that has the potential to lead to psychological or physical distress in the person on the receiving end.

Nursing home abuse is a serious issue. In fact, reports show that an estimated 5 million older adults in the U.S. are victims of neglect, exploitation, or abuse and that those seniors who have been abused have about a 300 percent increased chance of death within three years following the abuse. Over 40% of elderly adults in the U.S. will require nursing home assistance at some point during their lifetime, and these numbers are expected to increase as the population continues to grow.

When neglect or abuse occurs in the nursing home setting, the facility can be held liable if there was negligent hiring that played a part in causing harm to a patient or resident. They can also be held responsible if the staff was under trained and as a result caused harm to a patient or resident. Some other instances where a nursing home facility can be held liable for damages include:
  • Medication errors
  • Under staffing
  • Breach of statutory or regulatory obligations
The facility is also held responsible for the conduct of their staff, which includes most actions carried out as part of the worker's job duties.

Third parties may also be held responsible for the harm or neglect of nursing home residents and patients. For instance, sometimes nursing homes hire contractors or outsource certain tasks to third parties as part of a resident's or patient's care. If harm or abuse of a patient occurs while under their care, they can be held legally responsible for damages.

If you believe that you or a family member is a victim of nursing home abuse, you have several options to address the issue: 

Contact Tom Valet, a highly skilled nursing home attorney, for help. A number of legal proceedings, including a civil action lawsuit and criminal prosecution, can arise as a result of a nursing home's abuse, negligence, violations of criminal statues, false imprisonment, in addition to violations of regulations relating to their licensing, general operation, and maintenance. Tom will advise you on how to move forward, which may or may not include filing a report with Adult Protective Services or contacting the police. 

The purpose of a civil action lawsuit is to remedy damages caused by wrongful parties. Our experienced Nursing Home Negligence Law Firm can provide legal expertise in your time of need to assist with your case.
Nursing Home Negligence Law Firm in Manhattan and Suffolk County, Long Island New York
Abuse vs. Neglect

The Department of Health and Human Services Administration on Aging defines abuse as the conscious infliction of unreasonable confinement, injury, cruel punishment, or intimidation resulting in mental anguish, pain, or physical harm, or deprivation by a caregiver or person of goods and services that are vital to avoid mental illness, mental anguish, or physical harm.

Some examples of physical abuse include hitting, pushing, slapping, and the improper use of medicinal or physical constraints. Sexual abuse also occurs in nursing homes, which includes demanding a resident to undress needlessly.
Neglect occurs when a caregiver or hired staff, fails to carry out the duties related to the elderly person's care. Neglect can take place in many forms and varies from one incident to the next and typically includes any denial of needs regarding hygiene, food, shelter, clothing, and medical care.

Neglect and abuse can contribute to a wide range of medical conditions, including malnutrition, dehydration, fractures or broken bones, bed sores, skin infections, mood swings and emotional outbursts, and more.

Though neglect is often unintentional, it is no exception. Our Nursing Home Abuse Lawyer can examine your claim and determine if your circumstance is a result of abuse or neglect, so you understand your legal rights and, in turn, request the correct compensation for your damages.
Top Rated NYC Attorney Thomas Valet in Manhattan New York Wins $100 Million Settlement in Over-the-Counter Drug Product Liability Case
$100 Million Settlement in Over-the-Counter Drug Product Liability Case

Tom obtained this global settlement for plaintiffs who were injured by an over-the-counter drug. Tom was appointed to the team representing all plaintiffs because he had filed and settled the first case for a plaintiff who had been injured and was the first to review the files of the defendant company, during which he discovered significant evidence that the manufacturer had known about the problem for years but covered it up. Working with doctors at Columbia Presbyterian Hospital who had treated several of the victims of this drug, including Tom’s original client, this settlement of $100 million was reached, which included the settlement of 28 clients that Tom represented. 
Some Common Examples of Nursing Home Abuse

Our Nursing Home Attorney, Tom Valet, is highly practiced in various cases involving nursing home abuse. Some common examples of nursing home abuse includes:
  • Psychological Abuse Psychological abuse can include shaming, humiliating, criticizing, or yelling at the patient, which can result in behavioral changes in the resident or patient, in which case the nursing home can be held liable for psychological harm.
  • Physical Abuse Physical abuse is a condition or event that results in physical harm to a patient or resident. It could be intentional, such as hitting, or it could be a result of negligence, such as unnecessary restraints. In many cases, both state and federal law protects nursing home residents against physical abuse. A victim of nursing home abuse or negligence may have a claim against several parties for their injuries based on various principles of liability, depending on the case.
  • Resident to Resident Abuse Nursing home facilities have an obligation to protect their residents from other residents. When one resident is allowed to abuse another, whether physically, psychologically, or sexually, the nursing home can be held legally responsible for damages. 
Contact Tom Valet, Nursing Home Attorney for a Free Consultation
Contact Tom Valet for a Free Consultation

Contact Tom Valet, Nursing Home Attorney for a Free Consultation

Seniors exposed to abuse at nursing homes are often shy or scared to share their full experiences with family members because they do not want to be a burden, or they simply may not be able to. If you see bruises, suspect improper medication treatments, or psychological abuse, please contact Tom right away.

The immediate goal is to stop the abuse you, or your family member is experiencing. The exact proper method of how you proceed is critical, and that is where the legal experience of Tom Valet can help you help your loved one.

Thomas Valet has Legal Offices in NYC Manhattan New York 10038 and on Long Island in Islandia in Suffolk County NY 11749,
Located Near Nassau County NY. Pay No Legal Fees Until Tom Wins or Settles Your Nursing Home Malpractice Case.
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