Compassionate Advocacy for Families Harmed by Nursing Home Neglect
When a nursing home fails to protect your loved one, the consequences can be devastating. At Bornstein & Emanuel, P.C., we represent families throughout New York City, Nassau County, Long Island, and the surrounding boroughs in nursing home abuse and neglect claims. Our New York nursing home abuse attorneys have spent more than 30 years holding negligent facilities accountable and recovering significant compensation for injured residents and their families. We handle every case on a contingency fee basis, meaning you never pay a fee until we recover for you. Contact our Garden City office today for a free consultation.
Why Choose Bornstein & Emanuel, P.C.?
Nursing home abuse cases demand attorneys who understand the complex regulations governing long-term care facilities and who are willing to go up against well-funded corporate defendants. Bornstein & Emanuel, P.C. provides:
- Exclusive focus on personal injury law since 1992
- A proven track record of significant settlements and jury verdicts, including recognition by the NY Law Journal
- Tenacious litigation against difficult opponents, including cases other firms have turned away
- A convenient Garden City office serving clients throughout New York City, Long Island, and the surrounding areas
- Spanish-speaking staff to serve New York’s diverse communities
- We are available 24/7 to speak with you about your case
- Personalized attention from a boutique firm that treats every family like its own
We combine the legal resources of a large firm with the accessibility and dedication of a small practice. Our attorneys, Kenneth Bornstein and Anthony J. Emanuel, have been recognized for their legal achievements, including Mr. Bornstein’s recognition by Lawyers of Distinction and his feature in the New York Law Journal for obtaining one of the highest verdicts in New York County.
What Counts as Nursing Home Abuse Under New York Law?
Physical abuse in nursing homes includes any intentional use of force that results in bodily harm or injury to a resident, including hitting, slapping, kicking, or the improper use of restraints. However, abuse extends far beyond physical violence. Common forms of nursing home abuse and neglect include, but are not limited to:
- Overmedication
- Unnecessary restraints
- Verbal or emotional abuse such as yelling at or isolating patients
- Financial abuse such as coercing patients to sign over assets
- Failing to give patients adequate daily attention, resulting in pressure sores, malnutrition, or dehydration
Sexual abuse in nursing homes is a serious violation of a resident’s rights and involves any non-consensual sexual contact or activity. Neglect may also take the form of allowing patients to wander or elope from the facility, maintaining unsanitary or unsafe conditions, or chronic understaffing that leaves residents without adequate care.
What Are the Warning Signs of Nursing Home Neglect?
Family members are often the first line of defense for a vulnerable loved one. If you notice any of the following indicators during visits to a nursing home or assisted living facility, it may be time to seek legal help:
- Unexplained bruises, cuts, welts, or broken bones
- Sudden weight loss, dehydration, or signs of malnutrition
- Untreated bedsores or pressure ulcers
- Changes in mood, personality, or increased anxiety around certain staff members
- Missing personal belongings or unexplained financial transactions
- Poor hygiene, soiled clothing, or unsanitary living conditions
Abuse in nursing homes is often underreported due to factors such as fear, shame, or the residents’ cognitive impairments, and the actual rates of abuse may be higher than reported statistics suggest.
According to the National Center on Elder Abuse, approximately 1 in 10 nursing home residents in the United States experiences some form of abuse. If something feels wrong, trust your instincts and take action.
How Does New York Law Protect Nursing Home Residents?
New York provides some of the strongest legal protections for nursing home residents in the country. Under New York Public Health Law Section 2803-c(3), nursing home residents have the right to dignity through courteous/respectful care, freedom from abuse/restraints, adequate medical care, privacy, and freedom of choice in decisions.
New York Public Health Law Section 2801-d provides a private statutory cause of action for residents of nursing homes injured as a result of any deprivation of certain residents’ rights that cause an injury. This private right of action is cumulative and separate from any other plausible causes of action, such as medical malpractice or negligence. This means families can pursue claims under multiple legal theories simultaneously. Punitive damages and attorney’s fees may also be awarded under the statute.
At the federal level, the Nursing Home Reform Act of 1987 sets strict standards for the care residents must receive and mandates that nursing homes receiving Medicare and Medicaid services promote and protect residents’ rights. These overlapping state and federal protections give our attorneys multiple avenues to hold negligent facilities accountable.
What Compensation Can You Recover?
Families pursuing a nursing home abuse claim in New York may be eligible to recover several categories of damages, depending on the circumstances of the case. These may include:
- Medical expenses for treating injuries caused by abuse or neglect
- Pain and suffering experienced by the resident
- Emotional and psychological harm
- Costs associated with transferring to a new facility
- Punitive damages in cases involving willful or recklessly negligent conduct
New York sets a three-year statute of limitations for most nursing home abuse or neglect cases. If the abuse resulted in a loved one’s death, wrongful death lawsuits must be filed within two years from the date of the decedent’s death.
If your loved one was placed in a state or county-run nursing home facility, the statute of limitations may be much shorter. For city, county, or state-run facilities, file a notice of claim within 90 days, with suits often limited to 1 year 90 days thereafter. These strict deadlines make it essential to contact an attorney as soon as you suspect abuse.
What Should You Do If You Suspect Nursing Home Abuse?
Taking swift action protects your loved one and strengthens any future legal claim. If you believe a family member is being abused or neglected, consider the following steps:
- Ensure your loved one’s immediate safety and seek medical attention for any injuries
- Document your observations with photographs, dates, and written notes
- Report the abuse to the facility administrator and request a written response
- File a complaint with the New York State Department of Health at 1-888-201-4563
- Contact an experienced nursing home abuse attorney to protect your family’s legal rights
The New York State Department of Health, Division of Nursing Home and ICF/IID Surveillance is responsible for investigating complaints about resident abuse, neglect, mistreatment, and incidents occurring in nursing homes in New York State. Anyone can file a complaint, and all complaints are confidential and can be made anonymous.
Our attorneys can pursue many of the same investigative steps on your behalf while also building a strong civil case to recover compensation and hold the facility financially accountable.
What to Expect When You Work With Our Firm
When you contact Bornstein & Emanuel, P.C., we begin with a free, confidential consultation to understand what happened and evaluate the strength of your potential claim. From there, our process typically includes:
- A thorough investigation of the facility’s history, staffing records, and compliance with state and federal regulations
- Collection of medical records, incident reports, and photographic evidence
- Consultation with medical experts to establish the link between the facility’s negligence and your loved one’s injuries
- Aggressive negotiation with the facility’s insurers and corporate defense teams
- Preparation for trial if a fair settlement cannot be reached
We keep you informed at every stage. If a wrongful death claim is involved, our attorneys can help the estate’s personal representative pursue compensation for final medical expenses, funeral costs, and other losses. Throughout the process, our team is available 24/7 to answer your questions and address your concerns.
Protect Your Loved One Today
If your family member has suffered harm in a New York nursing home, you do not have to face the facility’s corporate legal team alone. Bornstein & Emanuel, P.C. has been fighting for injured New Yorkers and their families for over 30 years, and we take the difficult cases that other firms turn away. Contact our Garden City office today for a free consultation to discuss your case with an attorney who will treat your family with the respect and attention you deserve.
How much does it cost to hire a nursing home abuse lawyer?
At Bornstein & Emanuel, P.C., we handle all nursing home abuse cases on a contingency fee basis. This means you pay no upfront fees, and we only collect a fee if we successfully recover compensation on your behalf. The initial consultation is always free, making it possible for families of any financial background to pursue justice.
Can I sue a nursing home if my loved one signed an arbitration agreement?
Nursing homes that receive federal reimbursements through the Medicaid program are prohibited from requiring mandatory pre-dispute arbitration agreements as a condition of admission. Even if an arbitration clause exists, our attorneys can evaluate whether it is enforceable and explore all available legal options on your behalf.
How do I report suspected nursing home abuse in New York?
You can file a confidential complaint with the New York State Department of Health by calling 1-888-201-4563 or submitting the online complaint form on their website. You may also contact Adult Protective Services or local law enforcement if your loved one is in immediate danger. Speaking with a nursing home abuse attorney can help you understand additional steps to protect your family’s legal rights.
