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NY Nursing Home Accident Attorney

Nursing home workers are expected to provide quality care to vulnerable patients, protecting their well-being and safety. Unfortunately, they often fail to do so. If you or a loved one has experienced abuse or neglect in a nursing home, our nursing home abuse attorneys in NY can help.

Content Written by: Samuel Meirowitz
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished NYC personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.

Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished NYC personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.

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Meirowitz & Wasserberg is a leading personal injury law firm with extensive experience handling nursing home abuse cases. Founded in 2011, our firm has developed a strong reputation in New York City. Our attorneys have 10 to 20 years of handling nursing home cases. We are committed to fighting for the rights of vulnerable nursing home residents and holding negligent facilities accountable.

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Why Should I Hire Meirowitz & Wasserberg for My Nursing Home Accident Case in NYC?

When facing the distressing reality of nursing home abuse, it is helpful to have an experienced nursing home abuse attorney in NY to guide you through the legal process. Founding partner Samuel Meirowitz has over 20 years of experience practicing law in New York. Our dedicated team has recovered over $360 million in settlements and verdicts for our clients, demonstrating our commitment to achieving justice and fair compensation for our clients.

We leverage our extensive experience on their behalf to handle complex nursing home abuse cases effectively. Our attorneys will carefully evaluate your case and investigate potential medical malpractice, abuse, and neglect claims. We understand New York laws and regulations, which helps us build strong cases for our clients. 

Personalized Client Care With Consistent Communication and Support

We have built a solid reputation for excellence among our clients. Their testimonials speak volumes about our dedication and compassionate approach:

  • “I have known the team at Meirowitz & Wasserberg for a few years now. Sam, Dan, and Kush created a welcoming and inviting team when dealing with my case. I felt very comfortable and heard by these individuals and have loved to see their growth and success. It is not often that people express warm feelings towards legal counsel; however, this team cares so deeply for their clientele that you can’t help but feel an almost sense of familiar security when working with them. I give these five stars because they have earned them by not only being the great firm that they are, but because they do not view you as just a case but as a person needing their expertise.” – Kim Madril
  • “Melissa and the Meirowitz & Wasserberg team win again! I cannot recommend Melissa enough. From the moment she takes on your case, she is hands-on and you are in the most capable hands. Her team stays in constant contact with updates on your case. She went the extra mile, and I felt like a part of the Meirowitz & Wasserberg family along the way. They truly care about their clients!!” – Justin Laskowski

How Does Abuse Happen in Nursing Homes?

Abuse in nursing homes is a tragic reality that can stem from various issues. Understanding why and how nursing home abuse occurs is crucial for preventing it and protecting the elderly.

Common reasons for abuse or neglect include:

  • Understaffing – Many nursing homes face chronic understaffing, leading to overworked employees who may become negligent or abusive due to stress and fatigue.
  • Lack of training – Insufficient staff training can result in substandard care and failure to recognize signs of abuse or neglect.
  • Poor management – Ineffective management can create an environment where abuse is not monitored or addressed properly.
  • Individual malice – Some staff members may have malicious intent or personal issues that lead them to harm vulnerable patients deliberately.

Common types of nursing home abuse include:

  • Physical abuse includes hitting, slapping, or using excessive force during caregiving. It can result in bruises, broken bones, or other injuries.
  • Emotional abuse involves verbal assaults, threats, humiliation, or isolation. It can severely impact a patient’s mental health and well-being.
  • Financial abuse occurs when staff members steal money, credit cards, or personal information from patients. It also includes manipulating patients to change their wills or financial documents.
  • Neglect involves failing to provide essential care, such as food, water, hygiene, or medical attention. This can lead to severe health issues or even death.

What Are Common Signs of Abuse or Neglect?

Recognizing signs of abuse or neglect in a nursing home is crucial to protecting your loved one. Abuse can manifest in various forms. It includes physical, emotional, and financial abuse. Below are some common warning signs in each category:

Signs of Physical Abuse

  • Unexplained injuries lacking a clear explanation, such as bruises, fractures, or burns.
  • Frequent falls that are not properly documented or explained.
  • Malnutrition and dehydration leading to noticeable weight loss, weakness, and swelling.

Signs of Physical Abuse

  • Withdrawal from social activities or a noticeable change in behavior.
  • Depression, anxiety, or extreme fear, especially around certain staff members.
  • Unusual behavior, such as rocking back and forth, mumbling, or displaying signs of trauma.

Signs of Physical Abuse

  • Unexplained withdrawals from bank accounts.
  • Missing personal items or cash.
  • Changes in financial documents, such as wills and powers of attorney.

If you observe any of these signs, contact our NY nursing home abuse attorneys as soon as possible. We can help you take legal action to protect your loved one and hold the responsible parties accountable. 

How Can the Nursing Home Abuse Attorneys at Meirowitz & Wasserberg Help?

When a loved one faces the trauma of nursing home abuse, having a reliable attorney is crucial. We are dedicated to providing comprehensive and compassionate legal support to help your family through this difficult time.

  • “I reached out to Meirowitz & Wasserberg when I had a couple of legal questions and was wondering if I would need a lawyer. I spoke with K. Shukla and was so appreciative to have a direct conversation where I was provided some high-level counsel that ultimately helped me navigate the issue a family member was facing. It was such an honest and straightforward experience that I would reach out to them again with any legal needs in the future.” – Evelyn Ramirez

Our attorneys will take a hands-on approach to managing your case. We can thoroughly investigate the circumstances of the abuse, gather critical evidence, and build a strong case on your behalf. We understand nursing home abuse cases and will use our extensive experience to hold all responsible parties accountable.

We also operate on a contingency fee basis, meaning you don’t pay any legal fees unless we win your case. We aim to make legal representation accessible to everyone so that financial concerns are never a roadblock to justice.

How Do I Prove Liability in a Nursing Home Abuse Case?

Proving liability in a nursing home abuse case normally involves identifying the responsible parties, demonstrating how they breached their duty of care, and how the breach harmed the resident. It may also involve proving intentional harm.

Identifying Responsible Parties

Multiple parties can be held accountable in a nursing home abuse case, including: 

  • Nursing home owners, administrators, and managers.
  • In-house caregivers, including nurses, aides, and staff.
  • Visiting health care providers, including physicians and other medical professionals.
  • Third-party contractors, such as cleaning and maintenance crews.
  • Corporate entities if the nursing home is part of a larger chain or corporation.

Establishing Duty of Care and Breach

All staff members and entities involved in a nursing home owe a duty of care to residents. This duty involves providing a safe environment, proper medical care, and daily needs. Proving a breach of this duty requires showing that the staff failed to meet these obligations.

Key Pieces of Evidence

Depending on the details of your case, important types of evidence could include medical records, incident reports, witness statements, photos and videos, and financial records. By assembling this evidence, you can build a compelling case to prove that the nursing home or its staff members harmed your loved one by breaching their duty of care.

What Are New York's Laws on Nursing Home Abuse?

New York has strict negligence laws that enable you to sue a nursing home facility or worker if an injury occurs due to abuse or neglect. Under New York’s negligence law, nursing home facilities must uphold a minimum standard of care to ensure the safety and well-being of their residents. If residents are injured because they fail to do so, you have the right to sue. 

New York’s public health laws specifically address residents’ rights, including the right to sue if they suffered injuries from being deprived of proper care, treatment, or services.

What Compensation Is Available in a NYC Nursing Home Accident Case?

Compensable damages in a nursing home accident lawsuit may include:

  • Past and future medical expenses, including hospital stays, clinic visits, medications, ongoing care, physical therapy, and rehabilitation services
  • Physical pain and suffering
  • Psychological trauma
  • Diminished quality of life 
  • Nursing home abuse attorney fees
  • The cost of relocation to a new facility

How Do I Report Nursing Home Abuse in New York?

If you suspect nursing home abuse, it’s crucial to act quickly to protect your loved one. In New York, the primary agency investigating nursing home abuse claims is the Department of Health, Division of Nursing Home and ICF/IID Surveillance. 

You can file a complaint about nursing home abuse through their online complaint form. Provide specific details about the abuse or neglect, including the dates, times, locations, and people involved. Attach any supporting evidence, such as photographs, medical records, or witness statements. 

You can submit the form through their website or via mail, fax, or email. Once your complaint is submitted, the department will conduct an investigation and take appropriate action. Our attorneys can help you compile evidence and prepare paperwork before submitting a report. 

Contact Meirowitz & Wasserberg Today

If you need legal assistance handling a nursing home abuse case, our NY elder abuse lawyers can streamline the legal process for you. We offer free, no-obligation consultations to discuss your case and explore your legal options at no cost to you. Call us at (844) 446-9529 or contact us online to schedule yours today.

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I feel so blessed to have had Meirowitz & Wasserberg Law Firm represent my Husband and I in a great time of need in our lives. l highly recommend this firm. Daniel Wasserberg was the most personable, caring lawyer one could ever have. He was always there for our every need with compassion, loyalty and sincerity. He truly cares about his clients. I learned to love this man as a Son.
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