How Do Nursing Home Abuse And Neglect Claims Work?

There’s nothing more frustrating than to find out your aging relative has been neglected by their assisted living facility. Nursing homes are responsible for providing adequate care for the elderly and ensuring their staff follows strict guidelines.

Despite institutional guidelines, the World Health Organization claims that two-thirds of elderly care staff have committed abuse this past year alone. Fortunately, there are ways to get justice for your loved one. Filing a claim for negligence and reporting the abuse to authorities can be the first steps to making sure you receive compensation for any damages.

Nursing Home Abuse Laws In New York

New York has strict regulations a care facility needs to follow to meet their patients’ needs. Nursing home residents also have specific rights they’re entitled to under the state’s constitution.

Some of these include:

  • The right to a comfortable living environment
  • Freedom from all types of abuse
  • Being informed in writing about all fees and services before living in the facility
  • Quality of treatment or care without facing discriminatory practices
  • Receiving visitors at any time
  • Freedom to make their own independent decisions

If a staff member of the institution violates any of these rights, you can file a claim against the parties involved to recover any damages.

3 Most Common Types Of Nursing Home Abuse

Even though each situation is unique, nursing home abuse has three main categories:


A hospital senior care home is responsible for providing the elderly with appropriate care that meets their basic needs. However, some nursing homes struggle with severe understaffing, with Nursing Home Abuse Justice claiming that 20% of nursing homes have this problem.

When caretakers are overworked and underpaid, this results in lower standards of care. Neglected seniors can develop mental health issues or even die prematurely because the staff fails to monitor their health properly.

Physical & Emotional Violence

Emotional and physical violence is the most common of all reported cases of abuse. These incidents mainly happen because some caretakers aren’t properly trained or qualified to handle their job duties, causing them to react poorly toward the residents. Other institutions may also not screen applicants properly, and some may have had a history of violence.

Medical Malpractice

In some cases, some nursing home staff may be considered medical personnel. They may be responsible for regulating a patient’s medicine, monitoring their health progress, or ensuring they receive treatment for their medical condition. Failure to do so can make them responsible for medical malpractice incidents and make them liable for criminal charges.

How Do You Report The Abuse And Start Your Claim?

While the signs may not be evident that your loved one is in an abusive environment, you should always keep in touch with them to ensure they’re being taken care of. If you see signs of abuse, report the incident to the authorities immediately. New York’s Department of Health, Nursing Homes and ICF/IID Surveillance has a Nursing Home Complaint Form you can fill out online. The earlier you can inform them of the abuse, the faster they will start their investigation into your case.

We Can Help Your Family Obtain Justice

Finding out your loved one has experienced abuse in a care facility can be frustrating, but know that the law is on your side. At Edelman, Krain & Jaye, PLLC, we have over 60 years of experience fighting for families across Long Island and New York City to get the justice they deserve. Our attorneys will help you investigate your case for any signs of abuse and neglect. If you have any questions or want to schedule a free trial consultation, please use our contact form or call our Westbury office at 866-507-1730.