The average nursing home neglect settlement in New York can vary widely depending on various factors, including the severity of the abuse, the evidence available, the legal representation involved, and the specific circumstances of each case.
While settlement amounts can range from thousands to millions of dollars, the exact amount largely hinges on the victim’s evidence and the experience of their nursing home neglect lawyer.
It is essential to consult with a skilled personal injury attorney if you wish to pursue a New York nursing home neglect lawsuit.
What Is Considered Nursing Home Neglect?
Nursing home neglect under New York law refers to a failure by a nursing home facility or its staff to provide adequate care and attention to residents, resulting in harm or injury to the residents.
Neglect can manifest in various forms, including physical, emotional, or medical neglect. It is considered a form of elder abuse and is prohibited under both federal and state regulations.
New York’s Public Health Law, specifically Article 28-D, governs nursing home facilities and outlines the responsibilities and obligations of these facilities to ensure the well-being and safety of their residents.
Examples of Nursing Home Neglect
Neglect may involve failing to provide essential services such as proper nutrition, medication administration, hygiene, medical care, and hazard protection.
Emotional neglect can also occur when residents are subjected to isolation, humiliation, or emotional distress due to staff misconduct.
Nursing home neglect is a serious offense, and those responsible can be held legally accountable.
Victims of neglect or their families can pursue legal action to seek compensation and justice for the harm caused.
It is essential for loved ones to be vigilant in identifying signs of neglect, such as unexplained injuries, rapid health deterioration, or changes in behavior, and to report suspected cases to the appropriate authorities to ensure the protection and well-being of nursing home residents in New York.
Settlement vs. Trial for New York Nursing Home Neglect Case
Most nursing home neglect cases in New York tend to settle rather than go to trial for several reasons.
First, trials can be lengthy and expensive processes for both parties involved, including the nursing home facility and the victim or their family. Settlements can offer a quicker resolution and reduce legal costs.
Second, nursing home neglect cases often involve vulnerable elderly individuals who may not be able to endure the stress and strain of a protracted trial. Settlements can provide them with timely compensation and closure.
Additionally, nursing home facilities may prefer settling to avoid the negative publicity and potential damage to their reputation from a public trial. They may also want to maintain confidentiality by including non-disclosure agreements in settlements.
For victims, settlements guarantee a known outcome and can help ensure financial recovery, whereas trials carry inherent uncertainties, with the possibility of a less favorable verdict.
Damages for Nursing Home Neglect Cases
While it’s incredibly hard to come up with a figure for the average nursing home neglect settlement, it helps to understand the various types of damages that may be pursued to compensate victims for their losses and suffering.
These damages can include the following:
- Compensatory damages,
- Pain and suffering,
- Loss of consortium,
- Punitive damages, and
- Wrongful death damages.
It is important to note that the vital distinction between settlements and trials is that settlements are reached through negotiation and agreement between the parties. In contrast, trial outcomes are determined by a judge or jury.
However, the types and amounts of damages that can be obtained in a settlement are generally similar to what could be awarded in a trial.
Are You Interested in Learning More About Nursing Home Neglect Lawsuits in NY?
If you have a loved one who lives or lived in a nursing home, and you’re concerned that their caretakers mistreated them, reach out to the Law Offices of Theodore A. Naima.
Our dedicated New York nursing home neglect lawyer has over 25 years of experience helping nursing home residents and their families hold negligent and abusive nursing home operators and staff members accountable for their actions.
We have a long history of successfully recovering fair damages amounts on behalf of our clients, and we look forward to discussing how we can help with your case.
Call the Law Offices of Theodore A. Naima to learn more and schedule a free consultation today. You can also connect with our NY nursing home neglect attorney by completing our online contact form.
Theodore A. Naima
Theodore A. Naima is the founding partner of the Law Offices of Theodore A. Naima, a Personal Injury & Medical Malpractice Law Firm based in New York. In 2015, Ted was awarded the prestigious AV Preeminent® rating from Martindale-Hubbell®, the company that has long been recognized as setting the gold standard for lawyer ratings, signifying the highest degree of peer recognition and professional excellence.
Rate this Post
Loading...