The decision to place an elderly loved one in a nursing home is not an easy one to make. However, most New York residents comfort themselves with the thought that the home where their loved one has been placed is staffed by experienced, well-trained, caring and compassionate employees. While many of these homes adequately meet the needs of residents, too many times employees at these homes subject innocent residents to abuse and neglect.
Take the recent case involving one New York man as an example. There, a nurse aide was taken into custody after allegedly abusing an elderly resident at a nursing home. According to reports, the man was wrestling with a 64-year-old resident and eventually punched him in the face. It is alleged that the nurse aide was found to be on top of the victim and saying racial slurs at him. The victim suffers from mental and physical limitations that leave him unable to adequately care for himself. Reports also allege that the nurse aide smelled of alcohol at the time of the incident and may have been under the influence of drugs.
Although this nurse aide and others who choose to abuse and neglect nursing home residents may face criminal charges, the criminal justice system does very little, if anything, to alleviate the damages suffered by victims and their families. This is why it is often wise to seek assistance from an attorney who can advise as to how best to pursue a civil lawsuit against not only the abusive or negligent employee, but also the nursing home that employs him or her.
In order to succeed on these lawsuits, victims and their families must show certain legal elements before liability can be impose. If successful at doing so, they will also need to present evidence that shows the extent of the damages suffered. Qualified legal professionals, like those at our firm, stand ready, willing and able to assist these individuals in their fight to reach a favorable outcome.