New York Nursing Home Assault Lawyer

Nursing home assault is a serious problem in New York and across the United States. According to national data, thousands of nursing home residents are assaulted each year, with many incidents going unreported. These assaults can range from physical violence to sexual abuse or emotional mistreatment. Vulnerable residents, including those with cognitive impairments, are often at the greatest risk.

Families place their trust in nursing homes to provide a safe environment for their loved ones. Unfortunately, this trust can be shattered when a resident is assaulted by staff, other residents, or even visitors. Assault can lead to serious physical injuries, lasting emotional trauma, and a decline in the resident’s overall health.

If you suspect that your loved one has been assaulted in a nursing home, it is important to take action quickly. Start by ensuring their immediate safety, seeking medical attention, and reporting the incident to the facility administrator. Document any signs of abuse and contact an experienced New York nursing home assault lawyer who can help you understand your legal options. Holding the responsible parties accountable can protect your loved one and prevent future abuse.

What is Nursing Home Assault in New York?

Nursing home assault is an intentional act of harm directed at a resident. Unlike neglect, which is a failure to provide care, assault is an active action that causes injury, fear, or emotional distress. Assault can occur in several forms, including:

• Physical Assault: This occurs when a resident is subjected to harmful physical contact, such as hitting, slapping, kicking, or pushing. Physical assault can result in visible injuries like bruises, cuts, fractures, or even more severe trauma.
  
  In Hauser v. Fort Hudson Nursing Center, Inc., 2021 NY Slip Op 07325 (App. Div. 3d Dep’t 2021), the plaintiff, on behalf of the estate of Bert Dwain Butler Sr., alleged that Butler suffered physical abuse while a resident at Fort Hudson Nursing Center. The case focused on whether the nursing home violated Public Health Law § 2801-d, which allows residents to seek compensation for physical harm caused by neglect or abuse. The Appellate Division upheld the trial court’s decision allowing the case to proceed, emphasizing that Public Health Law § 2801-d provides a distinct and independent cause of action for nursing home residents who suffer physical harm due to abuse, separate from common law negligence claims.
• Sexual Assault: This involves any non-consensual sexual contact or behavior directed at a resident. It can include inappropriate touching, forced sexual acts, or exploitation. Residents with cognitive impairments are especially vulnerable to this type of abuse.
  
  In Doe v. Westfall Health Care Center, Inc., 303 A.D.2d 102 (N.Y. App. Div. 2002), a nursing home resident in a vegetative state was sexually assaulted by a male healthcare aide. After the assault was discovered due to the resident’s pregnancy, the plaintiff filed a lawsuit against Westfall Health Care Center, alleging negligence, breach of contract, and violation of Public Health Law § 2801-d. The court held that the plaintiff could pursue claims under Public Health Law § 2801-d because the facility had a statutory duty to protect residents from abuse, and the case highlighted the facility’s responsibility to maintain a safe environment free from sexual assault.
• Resident-on-Resident Assault: This type of assault occurs when one resident harms another. It is often a result of inadequate supervision or failure to separate residents with known aggressive behaviors. Nursing homes have a duty to protect residents from such harm and must implement measures to prevent these incidents.
  
  In Schnorr v. Emeritus Corporation, 483 CA 13-01986 (App. Div. 4th Dep’t 2014), the plaintiff, as administrator of Walter Vaga’s estate, sued Emeritus Corporation, operating as Bellevue Manor, for injuries Vaga suffered in a resident-on-resident assault. Vaga was attacked by another resident, resulting in significant injuries. The plaintiff argued that the nursing home failed to protect Vaga from foreseeable harm. The trial court initially dismissed the case, but the Appellate Division reversed, holding that the facility had a duty to safeguard residents from harm caused by other residents if the danger was foreseeable. The appellate court noted that the plaintiff provided evidence suggesting the attacking resident had a history of aggressive behavior, making the assault foreseeable. The court reinstated the lawsuit, allowing the case to proceed.

If you suspect that your loved one has been assaulted in a nursing home, it is important to take action quickly. Contact an experienced New York nursing home assault lawyer who can help you understand your legal options and protect your loved one’s rights.

What are the Legal Duties of New York Nursing Homes?

Under New York Public Health Law Section 2801-d, residents of nursing homes have the right to be free from abuse and mistreatment. Nursing homes are legally required to:

• Maintain adequate staffing levels to ensure resident safety. Nursing homes must have enough qualified staff on duty to provide proper supervision and care to residents, reducing the risk of neglect or abuse.
• Provide proper training to staff on preventing and recognizing abuse. Staff members must be trained to identify signs of abuse, understand mandatory reporting requirements, and follow procedures to protect residents from harm.
• Conduct thorough background checks on staff. Nursing homes must screen potential employees to ensure they do not have a history of abuse or criminal behavior that could put residents at risk.
• Implement safety policies to prevent abuse and respond promptly to reports of abuse. Facilities are required to have clear policies for preventing abuse, investigating allegations, and taking corrective actions when necessary.
• Protect residents from harm caused by other residents or visitors. Nursing homes must monitor resident interactions and ensure that known aggressive residents are managed appropriately to prevent assaults.

Failure to meet these legal duties can result in the facility being held liable for any harm caused by assault. If you suspect that your loved one was the victim of assault in a nursing home, it is critical that you immediately contact an experienced New York nursing home assault lawyer who can help you protect their rights.

How Can You Recognize Signs of Nursing Home Assault?

Cases of assault are not always obvious by physical bruises, especially when it comes to sexual assault. However, there are still signs that can indicate assault:

• Unexplained bruises, cuts, or broken bones. These injuries may be a result of physical abuse, especially if the nursing home cannot provide a clear explanation.
• Changes in behavior, including anxiety, fearfulness, or withdrawal. Emotional changes can indicate that a resident has experienced trauma or mistreatment.
• Torn clothing or personal items. Damage to clothing, bedding, or other personal belongings may suggest a struggle or improper treatment.
• Complaints of pain without a clear medical cause. Residents may express pain but be unable to fully explain what happened.
• Signs of sexual assault, such as genital injuries or infections. Unexplained injuries in sensitive areas, sexually transmitted infections, or sudden fear of being touched can be signs of sexual abuse.

If you suspect that your loved one was the victim of assault in a nursing home, it is critical that you immediately contact an experienced New York nursing home assault lawyer who can help you protect their rights.

Who Can Be Held Liable for Nursing Home Assault?

Several parties can be held responsible for nursing home assault, including:

• The Nursing Home Facility. The facility itself can be held liable for failing to protect residents from harm, providing inadequate supervision, or neglecting to enforce safety policies. This includes not properly training staff or allowing unqualified individuals to care for residents. In Cunningham v Mary Agnes Manor Mgt., L.L.C., 2020 NY Slip Op 06582 (App. Div. 4th Dept. 2020), the court held that a nursing home could be liable when one resident assaulted another, particularly if the facility failed to properly monitor residents or address known threats. The case emphasized that nursing homes have a duty to protect residents from harm, including harm caused by other residents with a history of violent behavior.
• Individual Staff Members. Staff members who commit assault can be held personally liable for their actions. This includes physical, sexual, or emotional abuse committed directly by a caregiver or other employee.
• Other Residents. If one resident assaults another, the facility can be held liable if it failed to properly monitor residents or ignored known aggressive behavior by the perpetrator.
• Visitors or Third Parties. If a visitor or someone from outside the facility assaults a resident, the facility may be liable if it failed to maintain proper security, allowing unauthorized individuals access to vulnerable residents.

In some cases, more than one party may be named as a defendant in a nursing home assault lawsuit. For example, both the nursing home facility and individual staff members could be held liable, depending on the circumstances. It is important to contact an experienced New York nursing home assault lawyer who can review the evidence and determine which parties should be held accountable. This helps ensures that your loved one’s rights are fully protected.

Compensation for Nursing Home Assault Victims

Victims of nursing home assault may be entitled to compensation for:

• Medical expenses for treating injuries.
• Pain and suffering.
• Emotional distress.
• Costs of relocating to a safer facility.
• Punitive damages for particularly egregious conduct.

What Should I Do if My Loved One Was Assaulted in a Nursing Home?

If you suspect that your loved one was assaulted in a nursing home:

1. Ensure your loved one’s immediate safety. Make sure they are moved to a safe area within the facility, away from the suspected abuser.
2. Seek medical attention. Even if injuries are not visible, a medical examination can document any signs of abuse and provide necessary treatment.
3. Report the incident to the nursing home administrator, local police, and the New York State Department of Health. Make a formal complaint to ensure that the incident is properly investigated.
4. Document everything. Keep detailed notes of your loved one’s injuries, any behavioral changes, conversations with staff, and copies of any complaints you file.
5. Contact a New York nursing home assault lawyer for guidance. An experienced attorney can help you understand your legal options and take action to protect your loved one.

Taking these steps is not only important for ensuring your loved one receives immediate medical attention but also for building a strong case if you choose to pursue legal action. Proper documentation and prompt reporting can make a significant difference in holding those responsible accountable.

What is the Statute of Limitations for Nursing Home Assault Claims in New York

Understanding the statute of limitations is important when pursuing a nursing home assault claim. The statute of limitations sets the legal deadline for filing a lawsuit. Missing this deadline can result in losing your right to seek compensation.

• Personal Injury Claims: Victims of nursing home assault in New York generally have three years from the date of the assault to file a personal injury claim (CPLR § 214). This means you must take legal action within this period, or you may lose your right to seek compensation.
• Wrongful Death Claims: If the assault leads to the victim’s death, the family may file a wrongful death claim. The statute of limitations for wrongful death claims is two years from the date of death (EPTL § 5-4.1). This allows families to seek compensation for the loss of their loved one.
• Discovery Rule Exceptions: In rare situations, such as when the victim is cognitively impaired or physically incapable of reporting the assault, the statute of limitations may be extended. This ensures that vulnerable victims still have an opportunity to pursue justice.

Failing to file within the statute of limitations can result in your case being dismissed. To avoid missing important deadlines, speak with an experienced nursing home assault attorney in New York as soon as possible.

Frequently Asked Questions

Contact Stephen Bilkis & Associates

If you or your loved one has been assaulted in a nursing home, you may be entitled to financial compensation. Contact Stephen Bilkis & Associates today for a free consultation. Our experienced nursing home assault attorneys serving New York will help you understand your legal options, guide you through the legal process, and fight for the compensation you deserve for medical expenses, pain and suffering, emotional distress, and other damages.

Contact us at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. We serve clients in the following locations: Manhattan, Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Nassau County, and Queens.