NYC Nursing Home Abuse Lawyer

At Kelner & Kelner, we understand the devastating impact of nursing home abuse on elderly residents and their families. As dedicated NYC nursing home abuse lawyers, we're committed to protecting the rights of vulnerable seniors and holding negligent facilities accountable. If you suspect your loved one has been a victim of abuse or neglect in a nursing home, our experienced legal team is here to help.

Free Consultation- Act Now

Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

Why Choose Kelner & Kelner for Your Nursing Home Abuse Case?

• Our legal team comprises 10 dedicated New York nursing home abuse lawyers with an impressive 75 years of actual practice, not just combined experience.
• We have a legacy spanning three generations since 1950, blending time-honored wisdom with cutting-edge legal strategies specifically tailored for nursing home abuse cases.
• Our firm has successfully handled hundreds of nursing home abuse cases, resulting in billions in settlements for our injured clients and their families.
• Kelner & Kelner, nursing home abuse attorneys, have been consistently recognized for excellence with decades of Top Super Lawyers awards in the field of personal injury.
• We offer a personalized approach: Unlike high-volume firms, we assign a dedicated New York nursing home abuse lawyer to handle your case from start to finish personally.
• Our commitment to quality over quantity means we maintain a focused caseload, investing the necessary time, resources, and energy into each unique nursing home abuse case.
• We operate on a "Pay Nothing Unless You Win" basis, ensuring our nursing home abuse legal services are accessible to all who need them.
• Our reputation in New York's legal community is unparalleled: fellow New York elder law attorneys regularly entrust us with their most sensitive nursing home abuse cases through referrals.
• We are conveniently located in the heart of New York City at 7 World Trade Center, making us easily accessible for nursing home abuse victims and their families across the metropolitan area.
• Our firm provides comprehensive support, including connections to elder care resources and counseling services for families affected by nursing home abuse.

Compensation New York Allows for Nursing Home Abuse

New York State allows for various types of compensation in these cases, reflecting the serious nature of elder mistreatment. Here's an overview of the compensation that may be available:

Economic Damages

• Medical expenses
• Relocation costs
• Property damage or theft reimbursement

Non-Economic Damages

• Pain and suffering
• Loss of enjoyment of life
• Mental anguish
• Loss of dignity

Punitive Damages

• For cases of egregious misconduct
• Not capped, but must be reasonable

Factors Affecting Compensation

As NYC nursing home abuse attorneys, we consider several factors when assessing potential compensation:

• Severity of Abuse: More severe or prolonged abuse typically warrants higher compensation.
• Impact on Quality of Life: The extent to which the abuse has affected the victim's overall well-being and ability to enjoy life.
• Degree of Negligence: Cases involving gross negligence or intentional harm may result in higher damages.
• Victim's Age and Health: The victim's life expectancy and pre-existing health conditions may influence compensation amounts.
• Financial Losses: The extent of economic damages incurred, including medical bills and other out-of-pocket expenses.

Statute of Limitations

In New York, the statute of limitations for nursing home abuse cases is generally three years from the date of the injury. However, there can be exceptions, such as when the abuse is not immediately discoverable. It's crucial to consult with an NYC nursing home abuse lawyer as soon as possible to ensure your claim is filed within the appropriate timeframe.

Wrongful Death Claims

In tragic cases where nursing home abuse results in death, surviving family members may file a wrongful death claim. Compensation in these cases can include:

• Funeral and burial expenses
• Medical costs incurred before death
• Loss of financial support the deceased would have provided
• Loss of parental guidance for surviving children
• Pain and suffering of the deceased before death

The statute of limitations for wrongful death claims in New York is generally two years from the date of death.

What Constitutes Nursing Home Abuse in New York City?

At Kelner & Kelner, we understand the importance of recognizing and addressing nursing home abuse in New York City. As NYC nursing home abuse lawyers, we're committed to educating the public about the various forms of mistreatment that can occur in long-term care facilities. Here's an overview of what constitutes nursing home abuse in our city:

Physical Abuse in Nursing Homes

Physical abuse refers to any form of physical force that causes bodily harm, pain, or impairment to a nursing home resident. This can include actions such as hitting, slapping, or pushing residents, as well as the inappropriate use of restraints or forceful feeding or medication administration.

Emotional/Psychological Abuse in Nursing Homes

Emotional or psychological abuse involves the infliction of anguish, pain, or distress through verbal or non-verbal acts. This type of abuse can manifest as verbal assaults, threats, or intimidation, as well as humiliation, ridicule, or isolation from friends, family, or activities.

Sexual Abuse in Nursing Facilities

Sexual abuse in nursing home facility encompasses any non-consensual sexual contact with a resident. This serious form of abuse can include unwanted touching or fondling, sexual assault or battery, or forcing a resident to watch sexual acts.

Elder Financial Exploitation

Financial exploitation is defined as the illegal or improper use of a resident's funds, property, or assets. This can take various forms, such as stealing money or personal items, forging a resident's signature, or coercing changes to wills or financial documents.

Nursing Home Neglect

Nursing home negligence occurs when there is a failure to provide necessary care, goods, or services to a resident. This can include ignoring medical needs, failing to provide proper nutrition or hydration, or not maintaining hygiene or sanitary living conditions.

Nursing Home Abandonment

Abandonment is characterized by the desertion of a resident by an individual who has assumed responsibility for care or custody. Examples include leaving a resident alone in a public place or failing to return after agreeing to provide care.

Signs of Nursing Home Abuse

As NYC nursing home abuse attorneys, we advise families to be vigilant for warning signs of elder abuse. Signs of elder abuse in nursing facilities can include:

• unexplained physical injuries
• sudden changes in behavior or emotional state
• withdrawal from activities
• unexplained financial changes
• bedsores
• malnutrition
• poor hygiene
• and frequent infections or illnesses.

Legal Framework of Nursing Home Abuse in New York City

New York has specific laws and regulations designed to protect nursing home residents. Key legislation includes New York Public Health Law § 2803-c, which establishes the rights of nursing home residents, and New York Social Services Law § 473, which mandates reporting of suspected abuse or neglect. Additionally, the Federal Nursing Home Reform Act sets standards for nursing homes participating in Medicare and Medicaid.

Legal Rights of Nursing Home Residents in New York

New York State has specific laws and regulations designed to protect nursing home residents. As an NYC nursing home abuse attorney, we at Kelner & Kelner are well-versed in these regulations and can help ensure your loved one's rights are upheld.

Key legal protections for nursing home residents include:

• The right to be free from abuse, neglect, and exploitation
• The right to privacy and dignity
• The right to receive quality care and treatment
• The right to manage personal finances
• The right to file complaints without fear of retaliation

When these rights are violated, our NYC nursing home abuse lawyer team is prepared to take legal action on behalf of the victim and their family.

How Your NYC Nursing Home Abuse Lawyer Will Help

At Kelner & Kelner, we're committed to providing comprehensive legal support for victims of nursing home abuse and their families. Here's how we, as your dedicated NYC nursing home abuse lawyers, will assist you:

Your NYC Nursing Home Abuse Lawyer Will Conduct a Thorough Case Evaluation

When you come to our NYC nursing home abuse lawyers with concerns about nursing home abuse, we will:

• Listen attentively to your concerns and experiences
• Review medical records and documentation
• Assess the facility's history of complaints and violations
• Determine the strength of your case and potential legal options

Your NYC Nursing Home Abuse Lawyer Will Investigate and Gather Evidence

To build a strong case, our NYC nursing home abuse lawyers will:

• Interview witnesses, including staff members and other residents
• Collect and analyze photographic evidence
• Consult with medical professionals to understand the full extent of injuries or neglect
• Review facility policies and procedures to identify potential violations

Your NYC Nursing Home Abuse Lawyer Will Develop a Legal Strategy

Based on our findings, our NYC nursing home abuse lawyers will:

• Identify all potentially liable parties
• Determine the most appropriate legal actions to take
• Assess potential compensation for economic and non-economic damages
• Prepare for negotiation or litigation as necessary

Your NYC Nursing Home Abuse Lawyer Will Negotiate with Insurance Companies

To secure fair compensation, our NYC nursing home abuse lawyers will:

• Handle all communications with insurance adjusters
• Present a compelling case for fair compensation
• Counteract attempts to minimize your claim
• Strive for a settlement that fully addresses your needs and losses

Your NYC Nursing Home Abuse Lawyer Will Provide Litigation Representation

If a fair settlement can't be reached through negotiation, we will:

• File all necessary legal documents within required timeframes
• Present your case persuasively in court
• Cross-examine witnesses and challenge opposing evidence
• Advocate vigorously for your rights and interests throughout the trial process

Your NYC Nursing Home Abuse Lawyer Will Offer Emotional Support and Guidance

Throughout the legal process, we will:

• Provide clear, compassionate communication
• Give regular updates on your case progress
• Answer your questions and address your concerns
• Offer referrals to support services when needed

Your NYC Nursing Home Abuse Lawyer Will Ensure Regulatory Compliance and Reporting

As part of our comprehensive service, our NYC nursing home abuse lawyers will:

• Assist in reporting abuse to appropriate authorities
• Ensure compliance with all legal reporting requirements
• Coordinate with regulatory agencies as needed

Your NYC Nursing Home Abuse Lawyer Will Pursue Fair Compensation

Our ultimate goal is to secure fair compensation for your suffering, including:

• Medical expenses and future care costs
• Pain and suffering damages
• Compensation for emotional distress
• Punitive damages in cases of egregious misconduct

Your NYC Nursing Home Abuse Lawyer Will Advocate for Ongoing Change

Beyond your individual case, we will:

• Advocate for stronger regulations and oversight
• Raise awareness about nursing home abuse issues
• Push for systemic changes to prevent future abuse

When you choose Kelner & Kelner as your NYC nursing home abuse attorney, you're gaining a dedicated advocate who will fight tirelessly for your rights. We're committed not just to winning your case, but to improving the overall quality of care in nursing homes.

Preventing Nursing Home Abuse: What Families Can Do

While our NYC nursing home abuse lawyers here to help when abuse occurs, prevention is always the best approach. As NYC nursing home abuse attorneys, we advise families to:

• Research facilities thoroughly before placement
• Visit loved ones regularly and at varying times
• Stay involved in care planning and decision-making
• Be aware of signs of abuse and neglect
• Maintain open communication with staff and management
• Know your loved one's rights as a nursing home resident

If you have concerns, don't hesitate to consult with an NYC nursing home abuse lawyer for guidance.

Don't Face Nursing Home Abuse Alone - Get Legal Help Now

If you suspect nursing home abuse, time is of the essence. At Kelner & Kelner, our experienced NYC nursing home abuse lawyers are ready to protect your loved one's rights and seek the justice they deserve.

Contact us today for a free, confidential consultation. Let us put our 75 years of legal experience to work for you.

Free Consultation- Act Now

Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

NYC Nursing Home Abuse Lawyer FAQs

At Kelner & Kelner, we understand that you may have many questions about nursing home abuse and the legal process. Here are answers to some frequently asked questions:

What constitutes nursing home abuse?

Nursing home abuse can take various forms, including:

• Physical abuse (hitting, pushing, improper use of restraints)
• Emotional abuse (verbal harassment, isolation, intimidation)
• Sexual abuse
• Financial exploitation
• Neglect (failure to provide proper care, nutrition, or hygiene)

How do I know if my loved one is being abused in a nursing home?

Signs of nursing home abuse may include:

• Unexplained injuries or bruises
• Sudden changes in behavior or mood
• Poor hygiene or unsanitary living conditions
• Unexplained financial transactions
• Bedsores or other signs of neglect

When should I contact a NYC nursing home abuse lawyer?

You should contact a lawyer as soon as you suspect abuse. Early intervention can help protect your loved one and preserve evidence for a potential case.

What can a NYC nursing home abuse lawyer do for me?

Our personal injury lawyers can:

• • Investigate the alleged abuse
  • Gather evidence to support your case
  • File necessary legal documents