Elder Care Attorney Representing Victims Of Elder Abuse and Negligence
Too many seniors suffer abuse and neglect at the hands of a trusted caregiver each year. This abuse includes physical, sexual, and emotional abuse, as well as financial abuse and neglect. While New York elder abuse laws hold abusers responsible for their actions, it is often up to family members or other loved ones to report the signs of abuse and get the process started.
What laws are in place to protect seniors in New York?
While the State of New York sometimes prosecutes elder abuse cases under the applicable domestic violence or assault laws, New York law also provides specific statutes to protect seniors.
Known as the “Endangering the Welfare of a Vulnerable Elderly Person” law, this statute makes it a felony to assault or sexually abuse a senior in your care.
Under this law, it is illegal for any caregiver (e.g., home health aide, nursing home staff, etc.) to abuse a senior. To prove the abuser was guilty of abuse, you must prove the following:
- The abuser was your loved one’s caregiver at the time the abuse took place
- Your loved one, at the time of the abuse, met the definition of a “vulnerable elderly person” (i.e., a person aged 60 or older whose health conditions require the person to rely on on-going care to provide for health or personal needs)
- The abuser injured your loved one
- The abuser “did so with the intent to cause” injury
In addition to prosecuting the abuser criminally, you may also be able to file an injury claim to recover compensation for any damages (e.g., physical, emotional, or financial) that your loved one suffered.
Filing a claim requires proving the caregiver, healthcare provider, hospital, or long term care facility acted negligently. (If the abuser receives a conviction, you can likely use that as proof of negligence.)
What are the types of elder abuse?
There are a number of types of elder abuse. This includes:
- Physical abuse: Use of force or violence resulting in pain or injury
- Sexual abuse: Any non-consensual sexual contact
- Emotional abuse: Threatening, isolating, humiliating, or other infliction of emotional pain
- Financial abuse: Improper or unauthorized use of the senior’s money or other resources
- Neglect: Failing to fulfill caregiving responsibilities, such as ensuring the senior’s medical and basic needs are met
It is important to note that neglect may be willful or unintentional. In some cases — especially with family caregivers — the responsible party may not have the training or knowledge necessary to properly meet the senior’s needs. However, it is important to still investigate the issue to ensure your loved one gets the care he or she needs.
What are the grounds for filing an elder abuse claim?
In order to collect compensation for damages suffered by your loved one at the hands of an abusive caregiver, you must show the caregiver acted in a negligent manner. Some things that could constitute a claim include:
- Intentional physical, verbal, or sexual abuse
- Unsafe conditions in the facility
- Inadequate staffing in a facility
- Financial exploitation
- Medication errors
- Intentional neglect
- Negligent medical care
- Lack of attention, including meeting basic needs
At the heart of this type of claim is proving that the caregiver acted negligently. This requires meeting four criteria:
- The caregiver owed your family member a duty to provide proper care.
- The caregiver owes to keep your loved one safe from harm
- The caregiver failed to uphold this duty
- This failure caused your loved one’s injury
- Your loved one suffered actual damages
Your attorney will work with you to collect as much evidence as possible to support your claim, building a strong case to show the damages done to your senior. In some cases, this evidence may sway the negligent party to settle out of court. Your lawyer should participate in negotiations with the at-fault party’s legal counsel to ensure your family receives a fair settlement based on your loved one’s medical bills, rehabilitation costs, pain and suffering, and other abuse-related expenses.
How can The Rybak Firm, PLLC help me protect my loved one?
If your loved one suffered abuse in a New York nursing home, assisted living facility, hospital, or in their own home, the experienced elder abuse law attorney at The Rybak Firm, PLLC can help you get justice and compensation for any suffering. We will be your loved one’s path to justice and ensure we hold the abuser financially responsible for any harms.
Elder Care Attorney Near Me
Our offices are located in Brooklyn, NY. Although our offices are in Brooklyn, NY we serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Elder Care Attorney will travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.
Our office address is:
1810 Voorhies Ave
Brooklyn, NY 11235