Nursing Home Abuse
Jed Dietrich, Esq. and His Team of Lawyers and Paralegals at the Dietrich Law Firm P.C. Fight to Obtain the Best Result for Nursing Home Abuse Victims
The National Council on Aging estimates that nearly 1 in 10 Americans over the age of 60 will experience elder abuse. Every year 5 million older people experience abuse; many more cases go unreported.
Jed Dietrich, Esq. and the trial lawyers at the Dietrich Law Firm P.C. are experienced in handling nursing home abuse cases in Buffalo, New York. We can assist you, or your loved ones, in assessing whether you have a claim.
Jed Dietrich, Esq. obtained a $175,000.00 settlement for a 75-year-old woman who was:
- Sexually abused by another elderly patient at the nursing home where she was living; and
- Negligently dropped by the employees of the nursing home.
Jed Dietrich, Esq. sued the case in the New York State Supreme Court and took depositions of the witnesses and the facility’s employees. Extensive discovery was completed to gather the evidence necessary to prove that the employees of the nursing home were negligent.
You, and your loved ones, want the best personal injury lawyer in Buffalo, New York. Jed Dietrich, Esq. and his top rated team of lawyers at the Dietrich Law Firm P.C. have settled $175,000,000.00 on behalf of their clients. We will battle to obtain the best possible result for YOU!What Is Elder Abuse?
The National Center for Victims of Crime defines elder abuse as:
Neglect or physical, mental or sexual abuse of an individual aged 60 and over.
Both men and women can be victims of elder abuse. However, women are 2-3 times more likely to be subjected to elder abuse. Individuals suffering from mental impairments such as Alzheimer’s disease or dementia and individuals in social isolation are also particularly at risk.
As loved ones age, family members often look to nursing homes to provide care for their relatives.
Sadly, over 50% of nursing home staff admit that elders in their care experience neglect or physical and mental abuse. Elder abuse can lead to premature death and hospitalization.
If you, or a loved one, have experienced abuse or neglect in a nursing home or under other circumstances, contact the top rated Buffalo, New York nursing home abuse lawyers at the Dietrich Law Firm P.C. immediately for your free consultation. We can be reached 24 hours a day, 7 days a week at 716-839-3939. We will come to you and there is never a fee until we WIN for you.What Are The Signs Of Nursing Home Abuse Or Neglect?
Victims of abuse or neglect in a nursing home may suffer a variety of physical, mental and emotional injuries.
Warning signs of abuse and neglect include:
- Premature or unexplained death;
- Bedsores and pressure ulcers (commonly located on the low back, hips, elbows, ankles and heels);
- Broken bones, sprains, bruising and abrasions;
- Drastic and sudden weight loss;
- Errors providing medication, including overdoses;
- Changes in thoughts or behavior including withdrawal, fear, agitation and complaints of mistreatment; and
- Unsafe or unsanitary conditions including:
- Improperly assembled equipment;
- Lowered guardrails;
- Wet floors; and
- Poor lighting.
This list is not exhaustive. Contact Jed Dietrich, Esq. and his team of aggressive, tenacious and hardworking nursing home abuse lawyers at 716-839-3939 immediately for a free consultation. We are available to help you.How Can We Prove Nursing Home Abuse?
In order to establish a successful claim for nursing home abuse or neglect, you must show that the nursing home or the staff of the nursing home were negligent. Additionally, you must prove that the nursing home’s negligence was a direct or contributing cause of an injury.
Generally, negligence is defined as the failure to act with the same level of care that a reasonable person would provide in the same or similar circumstances. Our nursing home negligence lawyers build cases against nursing homes by showing that the following occurred:
- The nursing home owed a “duty.” A nursing home accepts responsibility for individuals under its care. This is a duty. The facility must reasonably care for its patients.
The nursing home breached its duty of care. To prove nursing home abuse, there must be evidence that the nursing home’s employees acted negligently or carelessly or that they failed to act when a reasonably prudent person would have. We also have to prove that the facility knew or should have known of the existence of a dangerous condition. This is also known as actual or constructive notice.
For example, in the case of resident-on-resident physical or sexual assault, actual notice may be that an employee of the nursing home saw another resident assault a co-patient.
Constructive notice could be construed when an employee of the nursing home saw another resident leaving the victim’s room after visiting hours when they should not have been there.
This evidence can be obtained through depositions of the nursing home facility’s employees or other witnesses.
Conduct or lack of conduct of the nursing home staff was the proximate cause of your injuries. A nursing home may be liable if the breach of its duty to you resulted in foreseeable injury or other harm.
Some examples of nursing home abuse follow:
- A fracture or other bodily injury caused by a fall because of the failure of the nursing home employees to raise your bedside guardrails after you had been deemed a fall risk.
- Bedsores or pressure ulcers resulting from the failure of the nursing home employees to regularly move or turn a patient. Negligence can also be caused by the nursing home employees not properly inspecting a patient’s skin daily or keeping skin dry and healthy. Review of facility log books and depositions of caretakers can prove bedsore abuse cases.
- Being dropped and suffering fractures by the improper use of a Hoyer Lift. A Hoyer Lift is an apparatus used by nursing home employees to lift or move patients in or out of a bed. Occasionally, Hoyer Lifts, or similar devices, are improperly assembled which can also lead to an injury and liability against a nursing home.
- The nursing home caused damages. If a nursing home or its employees are negligent and that leads to medical costs and pain and suffering, or a lowered quality of living, we can help. The experienced attorneys at the Dietrich Law Firm P.C. can assist you in obtaining the compensation that you deserve as a result of nursing home abuse.
If you, or a loved one, have experienced abuse or neglect by a nurse or at a nursing facility, contact Jed Dietrich, Esq. and the Buffalo, New York nursing home abuse lawyers at 716-839-3939. We are top nursing home abuse lawyers in Buffalo, New York.Who Are The Defendants In Nursing Home Abuse Cases?
Victims of nursing home abuse or neglect may be able to hold the nursing facility liable if there was negligent hiring, understaffing or inadequate training that caused an injury.
Additionally, a facility can be held liable for the negligence of its employees through the theory of respondeat superior or vicarious liability. This is the legal concept that states that employers are responsible for the acts of their employees while they are working.
Individual medical providers including doctors, nurses and other health care aids can also be held liable for abuse.
Each nursing home negligence case is unique. It is best to contact us now so that we can help you. Jed Dietrich, Esq. and his team of top rated nursing home negligence lawyers fight to obtain the best result for nursing abuse or neglect.
Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week and there is never a fee until we WIN for you!