Practice Areas

Nursing Home Medical Negligence and Abuse

Every day, families across the country have to make the painful decision of placing their loved ones in an assisted living facility. A move to a nursing home takes a huge emotional toll on a family under any circumstance. But when family members become victims of nursing home abuse and neglect, it can be absolutely devastating and traumatic.

Millions of seniors become victims of nursing home abuse and neglect every year, and some are completely incapable of reporting it. At the law firm of Salenger, Sack, Kimmel, and Bavaro, we care about your family and the rights of your loved ones. Our determined team of nursing home neglect attorneys will diligently work to fight back against the professionals who participate in or allowed these despicable acts to occur, and secure financial support to assist your family in finding a sense of closure for these tragedies.

I would like to say that I am glad I hired this firm to handle my case. I was kept up to date with all the information pertinent to my case. I am grateful for all their help and the hard work, and dedication to my case.
— Mark A.

What Is Medical Abuse & Neglect

In addition to boarding and day-to-day care, nursing homes take on the responsibility of managing the medical needs of residents in their care. Unfortunately, nursing homes often suffer from budget cuts, high turnover rates and inadequately trained staff that can lead to injuries, illnesses, and even death caused by negligence or errors.

Examples of medical negligence in a nursing home may include:

  • Medication errors (prescribing, administering, dispensing drugs)
  • Failure to check for adverse drug reactions
  • Failure to provide prescribed medication on schedule
  • Excessive use of medical restraints
  • Staff who appear poorly trained or under-qualified for their position
  • Failure to schedule or request doctor appointments
  • Failure to refer to a specialist when needed
  • Failure to properly monitor patients
  • Ignoring medical complaints and concerns of residents

Most cases of elder abuse and medical neglect occur when patients are not properly supervised. A number of these cases affect individuals who are non-verbal, non-coherent or unaware of what is going on. When you suspect your loved one could be a victim of medical abuse or neglect at their facility, contacting an attorney as soon as you become aware is essential to determining your legal rights.

Verdicts & Settlements

$10.1 Million Settlement

Medical Malpractice – Failure to timely treat a patient

A 40-year-old woman with heart attack symptoms was left in the emergency room waiting area of a Nassau County hospital for 20 minutes, resulting in a massive heart attack and brain damage.

$10 Million Verdict

Medical Malpractice and Wrongful Death – Failure to timely diagnose breast cancer

A radiologist failed to properly interpret a mammogram, resulting in a delayed diagnosis of breast cancer in a 46-year-old woman, who ultimately passed away.

$8 Million Settlement

Medical Malpractice – Failure to timely diagnose a blood clot

A doctor’s failure to appreciate the significance of headache complaints by a 21-year-old caused a delay in diagnosing a blood clot, resulting in a stroke and brain damage.

$5.4 Million Settlement

Medical Malpractice – Newborn baby found face-down

One day after birth, our client was found face down in the hospital nursery, causing oxygen deprivation that resulted in brain damage.

$6.9 Million Settlement

Medical Malpractice – Intraoperative airway fire in trachea

While undergoing a laser procedure to remove vocal cord polyps, an airway fire in the trachea burned our client’s lungs and vocal cords, resulting in the loss of his ability to speak.

$4.5 Million Settlement

Medical Malpractice – Failure to appreciate preeclampsia (high blood pressure)

Doctors fail to timely diagnose preeclampsia (high blood pressure) in a pregnant woman, leading to placental abruption, oxygen deprivation, and a brain-damaged infant.

$4.75 Million Settlement

Medical Malpractice – Failure to perform a timely C-section

During delivery of a baby, doctors failed to properly monitor the fetal monitor strips and the fetal heart rate resulting in oxygen deprivation and brain damage in the infant.

$3.05 Million Settlement

Medical Malpractice – Improperly performed hernia repair surgery

While performing a hernia repair surgery, the surgeon negligently traumatized the femoral nerve, resulting in permanent nerve injury.

How To Spot Abusive and Neglectful Homes

Employees who abuse or neglect the elderly may not always work alone. Unfortunately, if there is one case of abuse or neglect in a nursing home, chances are there are more to uncover. These general signs may tip you off that there is a serious problem within an assisted living facility before seeing the physical signs of abuse or neglect:

  • Staff refuses to allow visitors for residences for unexplained reasons.
  • Staff limits visitation times for friends and family.
  • Staff refuses to allow visitors time with their loved ones unsupervised.
  • Staff makes rude or humiliating comments.
  • You notice frequent arguments between your loved one and the staff or caregiver.
  • Your loved one does not speak much when staff is in the room.
  • Your loved one is displaying unusual behavior out of character.
  • Your loved one has frequent complaints that do not seem to be resolved.
  • Your loved expresses a fear of being alone.

Verdicts & Settlements

$3.05 Million Settlement

Medical Malpractice – Improperly performed hernia repair surgery

While performing a hernia repair surgery, the surgeon negligently traumatized the femoral nerve, resulting in permanent nerve injury.

What To Do When You Suspect Abuse or Neglect

You do not need to have definitive proof that negligence or abuse has occurred to report it. If you suspect that your loved one is a victim of nursing abuse or neglect, here are the steps you can take:

  • Remove your loved one from the facility immediately to prevent any more harm from being done.
  • Address any medical conditions and concerns resulting from the abuse and neglect with their doctor or emergency medical services.
  • Report the abuse by calling 911 if it is an emergency or the New York State Elder Abuse Hotline to make a report of the abuse/neglect anonymously.
  • Record all aspects of the abuse and neglect including the facility name and staff members involved, as well as any injuries sustained.
  • Call an attorney who specialized in nursing home abuse and neglect to potentially file a claim against the facility and staff who allowed the abuse and neglect of your loved one.
Highly recommend this firm. Extremely knowledgeable, professional and genuine. All of my questions were answered and I was always kept up to date with my case. I went into this case with no expectations and was extremely happy with the outcome.
— Mike L.

We Support Your Loved Ones

Negligence and abuse within nursing homes is a reality for too many New York families. With the utmost sensitivity and compassion for your situation, we will work with your family to determine who may be liable for your loved one’s injuries and what compensation you may be eligible for to pay for the damages suffered during this challenging time. Contact our experienced nursing home neglect attorneys at Salenger, Sack, Kimmel & Bavaro today for a free consultation to review your case and explore your options for seeking justice for your loved one’s injuries.

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Call us at 1-800-675-8556 for a free consultation today.