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When you entrust your loved one to the care of a nursing home, you expect for them to be treated with respect and dignity, and for all their needs to be properly addressed. Unfortunately, this is not always the case.  Sometimes the nursing home staff may not pay attention to the needs of the residents, leaving them unclean or in pain for days. At other times, the staff may become abusive to the residents, yelling at them, hitting or pushing them, or even sexually abusing them. Such mistreatment and neglect often leads residents to suffer tremendous physical and emotional injuries. This is unnecessary and it’s not right.

At The Law Offices of Jason B. Kessler, we take nursing home abuse and neglect very seriously. We are committed to fighting for the legal rights of those who have been injured by maltreatment in nursing homes and assisted living facilities in New York State.

If You Were Injured or Neglected in a Nursing Home, Here is What You Need to Know

1. In New York State, the statute of limitations to file a claim against a nursing home or assisted living facility for abuse or neglect is three years. If you file your claim after three years, it may be dismissed. Therefore, it is very important to contact a personal injury lawyer as soon as possible after you have been injured. At The Law Offices of Jason B. Kessler, our experienced attorneys can review the details of your case, and if necessary, help you file a claim before time runs out.

2. Nursing homes and assisted living facilities must take reasonable care in order to avoid physically or emotionally injuring their patients. If reasonable care is not given to a resident, the facility may be liable for damages. It is also possible for a healthcare facility to be held liable for injuries that were caused by the negligence of the facility’s employees. In order to prove a claim for negligence in a healthcare facility, four things need to be established:

*The nursing home has a duty to exercise reasonable care of the resident

*The nursing home has breached their duty to take reasonable care of the resident, thereby deviating from the acceptable standard of care

*This breach of duty caused the resident to become injured

*The patient suffered harm, such as physical injuries, emotional anguish, unnecessary expenses, sexual abuse, or neglect due to the breach of the facility’s              duty to provide reasonable care to the resident.

3. Some common types of nursing home abuse cases include:

* Unexplained injuries (physical abuse)

* Falls and fractures

* Overmedication

* Unnecessary restraints

* Sexual abuse and sexually transmitted diseases

* Poor supervision of elderly patients

* Medical malpractice

* Emotional or psychological abuse

* Bedsores

* Malnutrition

* Dehydration

* Wrongful death


If you or your loved one has been abused or  in a nursing home or assisted living facility, our experienced personal injury attorneys can file a claim and negotiate with the insurance company to ensure the maximum possible monetary compensation for physical injuries and emotional suffering. Call the Law Offices of Jason B. Kessler at 914-220-1088 for a free consultation.