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Thousands entrust the care of their elderly loved ones to nursing care/homes in the Bronx and throughout the state of New York. However, many of these beloved relatives end up abused or abused, and they need the help of a good personal injury attorney. Although most elder care homes are operated by professionals, the National Center on Elder Abuse reports that 36 percent of nursing homes in the United States have been cited for violating elder abuse laws. Ultimately, more abuse in nursing homes is a consequence of poor employee training or lack of employees — putting profits before patients. New York City nursing home abuse or injury lawyer new york represent those who are injured due to neglect of nursing home and seeking justice.
Nursing Home Abuse
New York Nursing Care Abuse & Neglect Attorney
When patients in elder care homes are neglected, or when someone takes advantage of them, the personal injury lawyers will aggressively defend them and hold those responsible accountable. For three decades, NYC physical assault and abuse lawyers have represented victims in cases of abuse in nursing homes, which include:
If residents are not monitored, resulting in falls and injuries
Negligence leading to malnutrition, dehydration or medical deterioration
- Sexual abuse including forced nudity, exposure, explicit sexual language, unwanted physical contact, “peeping,” and all sexual assault.
- Physical abuse including any deliberate physical force that causes injury, pain, fear, humiliation, or impairment.
- Emotional abuse that includes any verbal or nonverbal act inflicts emotional suffering. Verbal abuse includes threatening, degrading, embarrassing, or harassing an elderly patient. Emotional abuse also includes isolating or ignoring a patient.
- Financial exploitation including theft, forgery, or any unauthorized use of employee funds, assets or patients’ property.
When the NY elder abuse attorney help you file a claim on behalf of a victim of nursing home abuse, we put all of our resources, legal expertise, and 30 years of legal experience of his side.
We investigate and act aggressively against nursing home abuse to obtain justice for today’s victims and prevent other people from becoming victims of tomorrow.
NYC Nursing Care Abuse & Neglect Data and numbers
Abuse rates may be higher among elderly residents of institutions than those in the community.
The mistreatment of the elderly can lead to serious physical injuries and prolonged psychological consequences.
An increase in the problem is expected due to the aging of the population in many countries.
The world population of people above 60 will more than double, from 900 million in 2015 to about 2,000 million in 2050.
Elder abuse is a single or repeated act that causes harm or suffering to an elderly person, or the lack of appropriate measures to prevent it, which occurs in a relationship based on trust. This sort of violence constitutes a violation of human rights which includes physical, sexual, psychological or emotional abuse; violence for economic or material reasons; the abandonment; the negligence; and the serious impairment of dignity and lack of respect.
Magnitude of the problem by NY Accident Attorney
Elder abuse is a major public health problem. Although there is little information on the extent of abuse in the elderly population, especially in developing countries, it is generally estimated that 1 in 10 elderly people have been mistreated in the last month.
The figure is probably underestimated, since only 1 out of every 24 cases of elder abuse is reported, partly because those affected are often afraid to inform their family and friends or the authorities. Consequently, it is likely that all prevalence rates are underestimated. Do speak with your New York City Law Firm if you or someone you love has been a victim of nursing home abuse.
Although rigorous data are scarce, one study has provided estimates of the prevalence of the most frequent types of abuse in high- and middle-income countries:
- Physical abuse: 0.2–4.9%
- Sexual abuse: 0.04–0.82%
- Psychological abuse: 0.7–6.3% (based on substantive liminal criteria)
- Economic abuse: 1.0–9.2%;
- Inattention: 0.2–5.5%.
Data on the extent of the problem in institutional establishments such as hospitals, nursing homes and other long-term care centers are scarce. However, a survey of nursing home staff in the United States of America points to the possibility of high rates:
- 36% had witnessed at least one incident of physical abuse against an elderly patient in the previous year;
- 10% had committed at least one act of physical abuse against an elderly patient;
- 40% admitted having psychologically mistreated patients.
Even more scarce are the data on elder abuse in institutional settings in developing countries.
In such establishments abusive acts are committed such as handcuffing patients, threatening their dignity (for example, by not changing their dirty clothes) and preventing them from making their own decisions in the affairs of daily life, deliberately denying them good assistance (for example, by allowing decubitus ulcers to form, offering them excessive or insufficient medication, and retaining the medication they need, and neglecting or subjecting them to emotional abuse.
Injury Lawyers No Win No Fee
Elder abuse can quickly lead to physical injuries — from scratches and minor bruises to bone fractures and cranial injuries that can lead to disability — and serious, sometimes long-lasting psychological, particularly depression and anxiety. For older people the consequences of abuse can be especially serious because their bones can be more fragile. Even minor injuries can cause serious and permanent damage, or death. A follow-up study over 13 years revealed that elderly victims of abuse are twice as likely to die as those who do not report abuse.
At the global level, it is expected that the number of cases of elder abuse will increase given the rapid aging of the population in many countries and the possibility that their needs can not be fully met due to lack of resources. It is estimated that by the year 2050, the world population of people over 60 will have more than doubled, from 900 million in 2015 to about 2,000 million.
Risk factor’s and Personal Injuries
The risk factors that can increase the possibility that an elderly person suffers abuse are located in the individual, relational, community and sociocultural.
Individual Health in Elder Care Homes
Risks at the individual level include physical and mental ill health of the victim and mental disorders and abuse of alcohol and psychotropic substances in the case of the aggressor. Other individual factors that may increase the risk of abuse include the sex of the victim and the sharing of housing. While older men are at the same risk of being abused as women, in some cultures where women have a lower social status, older women are at greater risk of neglect and economic abuse (such as seizing their property). ) when widowed. Women may also be at greater risk of suffering more persistent and serious forms of abuse and injury.
Relational — Sharing the home is a risk factor for elder abuse. It remains to be determined whether it is the spouses or the adult children of the elderly who are most likely to perpetrate the abuse. When the aggressor depends on the elderly person (often financially), the risk of abuse is also greater. In some cases, if there is a history of dysfunctional family relationships, the situation may worsen due to stress when the older person’s dependence increases. Finally, with the incorporation of women into the world of work and the reduction of the time they have available, caring for elderly relatives can become a heavier burden that increases the risk of abuse.
Community — The social isolation of caregivers and the elderly, and the consequent lack of social support, is an important risk factor for elder abuse by their caregivers. Many older people are isolated by the loss of physical or mental abilities, or by the loss of friends and family.
Sociocultural — Sociocultural factors that may affect the risk of elder abuse include the following:
- The representation of the elderly as fragile, weak and dependent;
the weakening of the links between the generations of the same family;
- The inheritance and land rights systems, which affect the distribution of power and material goods in families;
- The migration of young couples, who leave elderly parents alone in societies in which children traditionally have taken care of elderly people; the lack of funds to pay for the care.
In institutional settings, Nursing Care Abuse is more likely to occur if:
- The levels of health care, social services and care centers for the elderly are not adequate;
- The staff is poorly trained and remunerated, and supports an excessive workload;
- The physical environment is deficient;
- The rules favor the interests of the institutional center more than those of the residents.
Prevention — There are many strategies that have been applied to prevent elder abuse, adopt measures to combat it and mitigate its consequences. Among the interventions that have been implemented -mainly in high-income countries- to prevent abuse, the following can be mentioned:
- Awareness campaigns for the public and professionals;
- Detection (of possible victims and aggressors);
- Intergenerational programs in schools;
- Interventions to support caregivers (for example, stress management, respite care);
- Policies on residential care to define and improve the level of care;
training about dementia directed to caregivers.
Efforts to respond to nursing care abuse and prevent recurrence include the following interventions:
– Mandatory notification of mistreatment to the authorities;
– Shelter houses and emergency shelters;
– Psychological help programs directed at people who mistreat;
– Assistance phones that provide information and referral;
– Support interventions for caregivers.
At the moment there is not much evidence of the effectiveness of most interventions. However, support for caregivers after a case of abuse reduces the likelihood of recurrence and intergenerational programs in schools (to reduce negative social attitudes and stereotypes towards the elderly) have yielded promising results, as the support to the caregivers to prevent the mistreatment of the elderly before it happens and the sensitization of the professionals regarding the problem. Evidence suggests that adult protection services and home visits by police and social workers to older people who have been victims of abuse may in fact have adverse consequences, such as increased abuse. The Job of nyc nursing home abuse attorneys is to fight for the right of victims and to ensure that those responsible for the neglect or abuse are held accountable.
Multisectoriality and interdisciplinary collaboration can help reduce elder abuse:
– The social services sector (through the provision of legal, financial and domiciliary support);
– The education sector (through public awareness and education campaigns);
– The health sector (through the detection and treatment of victims by primary health care personnel).
In some countries, the health sector has played a leading role in raising public awareness of elder abuse, while in others it is the social services sector that has taken the initiative.
Worldwide, too little is known about the abuse of older people and their prevention, especially in developing countries. The magnitude and nature of the problem is only beginning to emerge, many risk factors continue to be questioned, and the consequences and data on what works to prevent elder abuse are limited.
Real Story of a Elder Care Abuse in New York
“Although most of the nursing home abuse are often not reported, it is carried out mainly within the family, behind the closed doors of the apartments and houses. If the abuse is psychological, physical, economic, or a matter of negligence, it is hitting close to home, as our ads say, “said the commissioner of the Department of the elderly, Donna Corrado.
A recent study conducted by Cornell University, the Department of Seniors and Lifespan of Greater Rochester, found that 7.6% of the elderly in New York State are victims of abuse each year. In the same report, entitled “Under the radar,” it was also revealed that in the Big Apple 9% of adults over 60 suffer abuse in that same period of time although it is estimated that the figure is even worse.
“It is difficult to specify specific figures on elder abuse since only one in every twenty-four cases is reported. That is why it has been called a ‘hidden epidemic.’ Many of the victims are reluctant to inform the police or even their doctor or pastor, that they are being mistreated. They may be afraid that they will be taken to a nursing home or that they may not believe them. They may not want to reveal that someone they love is hurting them. But the City campaign intends to fight against these fears and asks people to seek help by calling 311. “
New York mounted the campaign against elder abuse to draw attention to this problem and promote awareness of the resources that exist. “The City wants the public to know that help is available through anti-abuse programs in each county. All you need to do is call 311, “the official emphasized.
The New York Police said that during 2015 there were a total of 1,834 crimes against the elderly, of which 468 were committed against Hispanics. So far in 2016, 693 crimes against older adults have been registered, 177 of them have affected Latinos, and aggression has increased close to 11%.
In the first months of last year there were 153 crimes against Latino seniors, and in the same period of 2016, there are 177 cases. Assaults went from 81 to 95, and robberies from 41 to 52 cases.
“Rich or poor, immigrants or born and raised here, people with university studies, all the elderly are at risk of being mistreated, especially if they are in turbulent and unstable situations in which they depend on the person they abuse or live with. the abuser “added the commissioner of the senior officers.
OLDER ADULTS IN NUMBERS — New York Injury Statistics
- In New York there are currently 1.4 million adults over 60 years of age.
- 22% of New York’s seniors are Hispanic.
- Other 22% are African-American
- 12% of the elderly in the Big Apple are Asian.
- 44% of the elderly are white
- It is estimated that only 1 in 24 cases of abuse of older people are reported.
- A recent report found that 7.6% of the elderly in the state of New York have been victims of abuse and the figure increases to 9% in the city.
-During the past two years, the Department of Older Adults has helped some 4,000 elderly victims of abuse.
- Figures from the New York Police show that in 2015 a total of 11 elderly women were victims of rape, of which 5 were Hispanic.
- 469 older adults were victims of theft, of which 137 were Hispanic.
- NYPD reported a total of 1,032 personal injury cases, of which 243 were Hispanic.
- The minor aggressions were of the order of 309, of which 81 were against Hispanic elders
- If you are an older adult and you are a victim of abuse, you do not have to endure it. Call line 311 and ask for help.
Warning signs of alleged nursing home abuse to the elderly:
-A victim of abuse can be fearful, depressed, overmedicated, very upset, isolated, living in unsafe conditions, presenting blows, scratches or bruises, having lost glasses, dentures or hearing aids, Suddenly, and not being aware of your financial status
- The types of abuse vary and can be physical, emotional, economic, psychological, verbal, negligent and even sexual.
- The biggest type of abuse against the elderly is economic, such as theft of checks and pensions
Nursing Care Legal Resources
- Elder Abuse in Residential Long-Term Care Settings: What Is Known and What Information Is Needed?
- Nursing Home Complaint Form
- Complaints about Nursing Home Care
- Nursing Homes in New York State
- Patient Abuse Reporting Requirement for Residents of Nursing Homes
- Your Rights as a Nursing Home Resident in New York state
Helping You and Your Loved One Find Answers
The information you should know — If you are in the early stages of searching for a elder care/home for a parent, guardian or former family member or suspect that your loved one is not receiving adequate care, there are numerous resources that can help you make the decisions necessary. Below is a list of resources we would like to share so you can better understand what you should do if you suspect abuse in nursing homes or what to look for if you are trying to choose the right center for a loved one. Do speak with your personal injury lawyer now.
Making the Right Decision
How do you know that New York, nursing home or assistance center is the most suitable for your loved one?
Signs of Elder Abuse: How to recognize signs that an aging parent, aging family member or other loved one is not adequately cared for
What to do if you suspect abuse in nursing homes: the steps to follow in case signs of abuse are frequent
Legal Resources in New York
Complaints about New York Nursing Homes: explains how home abuse investigations will take place in New York and how to file a complaint
New York State Department of Health: Useful New York nursing home links, from a list of patients’ rights to study information about nursing homes NY
Other nursing homes resources
Eldercare Locator: Directed by the Federal Department of Health and Human Services, this site helps you connect to services for seniors and their families.
Nationally, more than 15,000 nursing homes are certified by Medicare / Medicaid. More information about these elder homes, of which have been cited for violations to those who perform well in government reports every year.
Draft Law on Asylum Elderly Rights: In 1987, Congress passed the Asylum Reform for the Elderly Act. As part of this, residents of elder care homes have rights that are protected. Unfortunately, these rights are not always enforced.
The American Association of Nursing Homes and Services for the Elderly: The mission of the association is “to promote ethical and affordable care for the aging.” This site has more information about nursing home statistics.
USA Department of Health and Human Services, Administration on Aging: This federal resource provides statistics related to aging and links to support sites for caregivers.