The Role of Nursing Home Lawyers in Hospitals
The Nursing Home Abuse, Medical Malpractice and Elder Law Division of Dalli & Marino, LLP specializes in protecting the rights of those who are injured or dying in New York’s nursing homes. “Nursing Home Abuse,” as it is also known, is a billion dollar industry that unfortunately results in the unnecessary suffering and death of hundreds of innocent lives each year. Those who suffer such abuse can file a claim in either civil court or family court. We have seen clients whose loved ones died in New York nursing homes through neglect or inaction by the facility’s management and staff.
If you have been injured in a nursing home or have been the victim of neglect at a nursing home, contact one of the experienced nursing home lawyers today. They will have the experience and knowledge needed to help you obtain monetary compensation for the losses and injuries you suffered. Whether you were the victim of medical neglect, emotional abuse, neglect or abuse of the legal kind, a skilled nursing home lawyer can get you the results you are looking for. Let them help you find out what your rights are so you can take steps to ensure your safety in a nursing home. Let them fight for your rights and secure the financial compensation you deserve.
Many times victims of nursing home abuse find it difficult to pursue legal proceedings against the nursing home that caused the injury or abuse. That is why they often feel they have no choice but to accept the nursing home’s denial of liability. But in many instances that can change. Attorneys with experience in these circumstances can help you take advantage of statutes that allow a nursing home to be found negligent and then hold accountable those responsible. This gives victims a much needed opportunity to seek retribution for their pain and suffering.
The first step to filing a claim with nursing home lawyers is to file a complaint with your state’s nursing board. They can be contacted through your state’s department of health. If there is a violation of any regulations in your state or if there are clear indications that abuse or neglect has occurred, contact the board immediately. Nursing home staff members are usually well aware of the privacy laws surrounding the home and will try to keep the situation confidential. But if a resident has contacted the nursing home lawyers after they have been abused, chances are good that they will be able to share their story without being identified.
Most victims who contact nursing home lawyers will describe the incident in detail. They may be offered the chance to remain anonymous, which can be very comforting. Some of the physical abuse and neglect reported in recent years include suffocation by bedclothes and blankets, electric shock, dehydration, oxygen deprivation and death. Often, the most disturbing aspect of the experience can come from the emotional aspect. Deceiving and harming residents is not uncommon, and nursing home staff should be careful when they see things that do not look like malpractice or neglect to take action for the residents’ sake.
When the state’s nursing board receives a complaint from nursing home lawyers, they will usually hold an initial meeting to determine whether or not to investigate the allegations. If the case proceeds to a disciplinary hearing, the attorney representing the nursing home will need to prove that there has been misdeeds or neglect on the part of the nursing home staff. They will need to present evidence that demonstrates negligence on the part of the staff and show why the resident’s life has been unnecessarily placed in danger. Nursing home lawyers will also need to provide written proof that the home’s rules have been followed at all times.
In order to provide the best defense, a nursing home attorney has to gather as much information as possible about the circumstances surrounding the patient’s demise. Information such as the type of care provided, who made the decisions regarding bed confinement and when they were made, the level of staffing at the time, the type of medications the patient was given, and the level of activities carried out by the staff are all important to establish liability. The attorney also needs to prove that the nursing home’s rules and regulations were followed. This can be done by checking the records to see if the patient was allowed to leave the hospital alone during the period of their illness or injury, and whether any neglect was committed. Even if the claim is unfounded, a nursing home attorney can use this evidence to show that negligence has occurred.
Because many people who end up at a nursing home are elderly, it is common to have a large number of claims against them from various caregivers. Nursing nursing home lawyers in Queens are required to exhaust all their options before a settlement is reached; this means that they will not be able to accept a case that does not have enough valid evidence to stand up in court. Because of this, it is wise to consult with an attorney as soon as you become ill or injured to avoid having to deal with a drawn-out legal process. An attorney can help you get the compensation you deserve so you can move on with your life and be around your family for many years to come.