New Haven Nursing Home Negligence Attorneys
The shock of finding out that your elderly loved one suffered nursing home abuse is usually followed by uncertainty about how to prevent further abuse and hold the perpetrators accountable.
The New Haven nursing home negligence attorneys at D'Amico & Pettinicchi are here to help. We have represented many victims of nursing home abuse and know how to pursue the justice that you and your loved one deserve. When you contact our office, we will schedule a free, no obligation legal consultation to discuss what happened and determine if you have a viable claim. If you do, we will immediately begin building a strong case to help you recover fair compensation for the damages your loved one suffered.
Our New Haven personal injury attorneys have received numerous legal accolades. In 2015, Best Lawyers® named partner Mike A. D'Amico Lawyer of the Year for personal injury litigation in the New Haven metropolitan area.
Schedule a free legal consultation right now to begin pursuing fair compensation.
Experienced Attorneys with Proven Results
Your best chance of achieving justice and recovering compensation for elder abuse is to work with a skilled New Haven nursing home negligence attorney.
The attorneys at our firm have the legal knowledge, experience and skill that you need to build a strong case to help increase your claim's chances of success.
We have a proven track record of recovering fair compensation for victims of nursing home abuse, including:
- A $2.5 million jury verdict in 2007 for the death of a 93-year-old nursing home patient who died from choking due to a nursing home error
- A $1.1 million settlement in 2011 for negligence that caused the death of an elderly woman in a nursing home
There are many benefits to hiring our nursing home abuse lawyers. We will:
Report Abuse to the Proper Authorities
One of our main priorities in any elder abuse claim is ensuring that the perpetrators are held accountable.
If you have not already done so, we will contact the facility to report what happened to the proper authorities.
Under state law, whoever is notified about abuse is required to report it to the Commissioner of Social Services no later than 72 hours after being notified or having suspicion or belief that abuse, neglect, exploitation or abandonment has occurred.
Anyone who fails to report nursing home abuse is subject to a $500 fine. However, if the person intentionally failed to report the abuse, he or she will be guilty of a class C misdemeanor on the first offense. Each subsequent offense will be a class A misdemeanor.
Unfortunately, if abuse is occurring, the administrators and staff members at the facility are less likely to work with us to handle the situation.
If they decide not to work with us, we can contact Connecticut's Protective Service for the Elderly Program. This program is part of Connecticut's Department of Social Services and is tasked with investigating reports of abuse or neglect of senior citizens, including those residing at nursing homes.
Conduct an In-Depth Investigation
Once we determine that you have a valid nursing home negligence claim, and you agree to proceed, we will begin a comprehensive investigation of your loved one's abuse, including:
- Interviewing staff members and others at the facility where the abuse took place to find out what happened and why
- Collecting relevant evidence, which could include medical records, financial records, pictures of your loved one's injuries and your loved one's account of what occurred, if he or she can provide it
- Investigating the facility to uncover past instances of abuse or neglect to determine if it is a recurring problem
- Reviewing staff members' credentials to ensure they meet all state and federal requirements and that they have passed background checks and have the proper education
- Consulting medical experts to ascertain the full extent of your loved one's physical injuries to help us determine fair compensation
Put Your Best Interests First
At D'Amico & Pettinicchi, our clients' best interests are our top priority. As we manage every aspect of your claim, we will be focused on achieving justice and recovering all of the compensation you and your loved one deserve.
As we build a case against the perpetrators and the facility, their lawyers may reach out to attempt to settle. Nursing homes often do this because they want to avoid the expense and public scrutiny from a courtroom trial.
We are not opposed to settling out of court, but we will not accept any less-than-fair settlement offers. Our New Haven nursing home negligence attorneys will thoroughly investigate your claim to assess the damages your loved one suffered so we know how much compensation he or she deserves.
If we cannot negotiate a settlement that serves your best interests, we are not afraid to take your case to trial to achieve justice.
Call our New Haven nursing home negligence attorneys now at (866) 848-7077.
Laws Against Nursing Home Abuse
Nursing home abuse and neglect are illegal, under the federal Nursing Home Reform Law (NHRL) and Connecticut's patients' bill of rights.
These laws grant nursing home residents numerous rights and outline responsibilities for nursing homes when it comes to preserving these rights, including:
- The right to live free from mental or physical abuse, corporal punishment, involuntary isolation or seclusion, or physical or chemical restraints
- The right to be fully informed prior to admission to the facility of available services and charges for those services
- The right to be informed of facility rules and regulations and the resident's rights under the law
- The right to choose a physician
- The right to be fully informed about your medical condition and any changes in it
- The right to participate in planning your own medical treatment
- The right to refuse medication and treatment
- The right to confidentiality with respect to your medical records
- The right to manage your own financial affairs
- The right to receive adequate and appropriate care that reasonably accommodates individual needs and preferences, unless the need or preference would endanger your health or safety
- The right to continue using personal clothing and possessions unless doing so would harm the rights of other patients
- The right to receive prompt attention from the facility to resolve grievances
- The right to privacy and unrestricted communication with anyone you choose
- The right to a safe transfer or discharge from the nursing home
- The right to remain at the nursing home unless a transfer is necessary for the resident's welfare, or the welfare of others at the facility, because the resident's health has improved or because the resident cannot pay for services he or she received
- The right to file a complaint with the National Long-Term Care Ombudsman or the Department of Social Services and the Department of Public Health
D'Amico & Pettinicchi's New Haven nursing home negligence attorneys are well-versed in the rights of nursing home residents. We know how to determine when those rights have been abused.
Contact our firm right now to schedule a free, no obligation consultation.
Types of Nursing Home Negligence Cases
The New Haven nursing home negligence attorneys at our firm are prepared to take on cases involving many forms of abuse and neglect, such as:
This covers any form of physical violence or aggression against a nursing home resident, including:
- Applying restraints so tightly that they cause physical injury
This covers any bullying or disrespect of nursing home residents that causes residents to be emotionally traumatized. Types of mental and psychological abuse can include:
- Verbal abuse, such as yelling, intimidation or threats
- Isolating a resident to deprive him or her of social interaction
- Ignoring a resident as a form of punishment
- Talking down to residents
- Instructing a patient to perform demeaning activities, including sexual activities
- Denying medication, food or water as a form of punishment
This occurs when staff members and caretakers neglect the needs of nursing home residents, whether it is intentional or not. Examples of nursing home neglect include failing to:
- Help residents with personal hygiene, including using the bathroom
- Keep a resident's room clean and sanitary
- Give residents their medication on time
- Provide food, water and other basic necessities, like clean clothes and clean bedding
- Clean up or remove hazards that can cause slip and fall accidents
- Move patients who are unable to move on their own
This refers to any form of nonconsensual sexual activity involving nursing home residents. The perpetrators of sexual abuse could be staff members, visitors to the facility or other residents.
Examples of nursing home sexual abuse include:
- Rape and sexual assault
- Unwanted touching
- Gestures and jokes
- Photographing residents when they are not fully clothed
This is illegal or improper use of a nursing home resident's financial assets, including bank accounts, cash and other assets. Examples of financial abuse include:
- Stealing money
- Coercing a resident into signing away control of assets
- Coercing a resident into signing away power of attorney
- Cashing checks without consent
The New Haven nursing home negligence attorneys at our firm can review your claim for free.
Reasons Why Elder Abuse Occurs
Unfortunately, some nursing home owners and administrators create an environment that is ripe for abuse and neglect of nursing home residents. In some cases, it is intentional. In others, administrators are failing to exercise their due diligence to protect nursing home residents.
Examples of actions that increase the risk of nursing home negligence include:
Hiring Unqualified Staff Members
Nursing homes are required to hire staff members who:
- Have the proper qualifications, including the necessary academic degrees for their position
- Have no record of abuse or violence against residents
- Passed a background check
- Satisfy any state or federal requirements
Failing to Properly Train Staff Members
Nursing homes must ensure that the people they hire receive training on the different aspects of their jobs, such as administering medications and dealing with disabled or disobedient residents without abusing them.
Failing to Employ Enough Staff Members
Unfortunately, understaffing at nursing homes is all too common. Many of these facilities are run by corporations that are more concerned with making a profit than providing the quality of care residents need and are entitled to under federal and state law. One of the ways these facilities save money is by hiring fewer employees.
This makes it much more difficult for the staff members who are there to provide the attention each resident needs. For instance, in an understaffed facility, it is a lot harder for staff members to make sure residents with severe mobility problems are moved regularly so they do not develop bed sores.
It is also a lot harder to ensure residents are not ignored for long periods of time, which can cause residents to feel isolated and depressed, lowering their quality of life.
Staff members in these facilities often cut corners or do not take the care required to make sure residents receive their medications on time and receive the proper dosage. Staff members in these facilities also have a harder time ensuring residents are eating and drinking enough and have good personal hygiene.
How to Spot Nursing Home Neglect or Abuse
Nursing home residents are often ashamed to tell their loved ones that they have been neglected or abused. That is why you need to know the signs of nursing home abuse so you can find out if it is happening.
Some of the most common signs of nursing home neglect or abuse include:
- Pressure ulcers
- Bed sores
- Bruises or scars your loved one cannot or will not explain
- Emotional withdrawal
- Injuries from a fall
- Changes to your loved one's will
- Change in power of attorney
- Unpaid bills
- Not talking around nursing home staff or caretakers
- A disorganized or dirty room
- Poor personal hygiene
- Bloody clothes
- Bruises near the genitals
- Aggressive behavior
Call our New Haven nursing home negligence attorneys today. (866) 848-7077
Statute of Limitations for Nursing Home Abuse
If you know that your loved one has been abused or neglected, or you suspect abuse is going on, contact our New Haven nursing home negligence attorneys right away.
You have a limited amount of time to file a lawsuit to obtain compensation for the damages your loved one has suffered. This is because of Connecticut's statute of limitations for personal injury claims, including nursing home abuse claims.
The statute of limitations states that you cannot file a personal injury lawsuit more than two years after sustaining an injury or from the time the injury should have been discovered through the exercise of reasonable care.
The second part provides some leeway for situations where you did not discover the injury immediately. For instance, it could be hard to uncover abuse if your loved one struggles to communicate.
The New Haven nursing home abuse attorneys at D'Amico & Pettinicchi can ensure your claim is filed before the statute of limitations expires.
Fill out a Free Case Evaluation form right now.
Compensation from a Nursing Home Negligence Claim
You and your loved one could be entitled to various forms of compensation in your nursing home negligence claim.
For instance, there are economic damages. This includes medical expenses like:
- Treatment in a hospital
- Emergency medical transportation
- Physical therapy and rehabilitation
- Prescription drugs
- Visits with doctors
- Durable medical equipment (wheelchairs, canes or crutches)
Economic damages also include reasonable attorneys’ fees and compensation for damage to personal property.
There are also non-economic damages, which do not have specific dollar amounts associated with them, including:
- Physical pain from the negligence or abuse
- Emotional suffering caused by abuse or neglect
- Physical impairment
- Loss of enjoyment of life
The New Haven nursing home negligence attorneys at our firm are committed to building a strong case that gives you the best chance to recover all of the compensation you deserve.
Contact Our New Haven Nursing Home Negligence Attorneys
If your loved one has suffered due to negligence by nursing home staff or administrators, you may be entitled to compensation.
The New Haven nursing home negligence attorneys at our firm can help hold these facilities accountable for their negligence and recover compensation for your losses and pain and suffering.
Our experienced attorneys will conduct a thorough investigation, obtain expert witnesses and help you navigate the legal process. We will work through the settlement negotiation process, and if the nursing home does not offer a fair settlement, we will be prepared to go to trial.
The law offices of D'Amico & Pettinicchi have been serving New Haven residents since 1990, with proven results.
We work on a contingency basis, so you will not owe a thing unless we recover a settlement or win a judgment in your favor. All initial consultations are at no cost and no obligation.
Call (866) 848-7077 today for a free consultation.