Insight from a Nursing Home Lawyer Manhattan NY Offers
Financial Abuse in Nursing Homes
If you are concerned about nursing home abuse with one of your family members, you should seek the help of a nursing home lawyer in Manhattan, NY. In the legal world, financial abuse is known as material exploitation and financial exploitation. Financial abuse is illegally or improperly using someone else’s assets, funds, or property. Residents of nursing homes may be more likely to become victims of financial abuse when they are vulnerable to someone’s deception. Most of the time, nursing home residents are not aware of any financial abuse of their assets or finances. If you suspect your loved one is a victim of financial abuse from a member of their nursing home staff, you may want to contact a nursing home lawyer in Manhattan, NY. Our lawyers at Okun, Oddo & Babat, P.C. have decades of experience protecting the rights of the most vulnerable members of society. A nursing home lawyer from our firm can ensure your loved one has a voice. We can hold the nursing home and their employees responsible for their actions. The resulting settlement can repay your loved one for their financial losses and possibly also for their emotional pain and suffering from the ordeal.
Examples of Financial Abuse
As a nursing home lawyer in Manhattan, New York from Okun, Oddo & Babat, P.C. can tell you, financial abuse of nursing home residents is a widespread and serious issue. Some examples of financial abuse include:
- Forging a resident’s signature for monetary gain.
- Misusing or stealing a resident’s possessions or money.
- Cashing a resident’s checks without authorization or permission.
- Financial exploitation.
- Improper use of power of attorney, conservatorship, or guardianship.
- Coercing or deceiving a resident to sign documents such as a will or contract.
Signs of Financial Abuse
There may be warning signs if financial abuse is occurring and if noticed, consider contacting a nursing home lawyer in Manhattan, NY immediately. Caregivers, friends, and families should be aware and alert of any changes that could indicate that financial abuse is occuring. The following are some of the most common warning signs of nursing home financial abuse:
- The resident’s living conditions are below their resources.
- Unexplained transfer of assets or money to someone else.
- Sudden changes in the resident’s financial documents or will.
- The resident suddenly does not want to talk about financial issues that were once routine.
- The addition of names on the resident’s bank card.
- Checks are frequently written to a different caregiver or financial professional.
- The resident’s personal belongings are missing.
- The resident’s signature is forged on financial transactions.
Ways to Prevent Financial Abuse
If your loved one is a nursing home resident, there are steps you can take to try to prevent financial abuse. It is important to know the warning signs of financial abuse so if something suspicious comes up, you are able to act fast by confronting the nursing home manager and contacting a nursing home lawyer in Manhattan, NY. Some methods that may work to prevent financial abuse include:
- Using direct deposits and automatic bill paying for your loved one.
- Speaking with financial institutions to inquire about suspicious activity.
- Reducing your loved one’s isolation and be aware if a caregiver tries to isolate the resident.
- Checking references and reviews of nursing homes before entering your loved one into that facility.
How Can I Benefit from Consulting with an Elder Law Attorney?
When a law firm is experienced in cases involving the various kinds of abuse and neglect that often plague the elderly population of the United States, it knows what to look for. Oftentimes, it can be particularly difficult to succeed in bringing a case against a nursing facility because abuse and neglect are rarely caught on camera. In addition, certain kinds of abuse and neglect do not leave definitive marks. Even when a patient is suffering from bed sores, money is missing from their personal accounts or they seem fearful of certain care providers, there may be reasonable explanations for these ordinarily “tell-tale” signs of abuse and neglect. As a result, nursing facilities may be able to talk their way out of liability for harming a patient. However, an experienced Manhattan, NY nursing home lawyer will generally be able to sort out the truth when abuse and neglect are taking place – no matter how many explanations a nursing facility provides for questionable circumstances.
If your loved one is currently residing in a nursing home and may be suffering from any kind of abuse or neglect, please do not hesitate to contact the legal team at Okun, Oddo & Babat, P.C. today. Even if you are unsure of whether your loved one is being abused or you have no idea how to prove your suspicions, our team can help. At an absolute minimum, we can listen to your situation and advise you of your legal options. Should it be possible and appropriate to take legal action, our experienced Manhattan nursing home lawyers can provide you with guidance and support until your case is resolved.
Preparing for a Consultation with a Manhattan, NY Nursing Home Lawyer
Partially because it is often so difficult to prove that abuse and neglect is taking place in nursing facilities, it is important to take any suspicions you may have seriously. Just because you cannot definitively point to an action and say that abuse is occurring for sure doesn’t mean your loved one is not in need of assistance.
In preparing for a consultation with your Manhattan nursing home lawyer, please write down any memories you have that helped to form the foundations of your suspicions. Please bring along any pictures you may have taken of suspected abuse or any documentation that seems relevant to you. And please consider writing down all your questions. It is easier to refer to a piece of paper while meeting with an attorney than it is to rely on memory while your emotions are running high. Similarly, if you have any questions about the legal process or representation, please make sure to write those down too.
Experienced Legal Guidance Is Available
When it comes to abuse and neglect in nursing facilities, one of the greatest benefits you can obtain from speaking with an experienced Manhattan nursing home lawyer is peace of mind that your suspicions have been voiced and you have made informed decisions after speaking with a legal professional. Taking suspicions of abuse and neglect seriously is important. Please allow our legal team to help you do just that.
You count on the staff in a nursing home to take care of your loved one when you cannot. They may be suffering from mental incapacity or they may be unable to take care of themselves physically any longer. When this is the case, a nursing home can be a great place to take care of your family member that gives you the peace of mind you need. However, not all nursing homes can take care of your loved one the way you need them to, and when this is the case, you may find the staff at the nursing home neglecting or abusing your loved one in some way. Below, the nursing home lawyers in Manhattan, NY have discussed ways that nursing homes can be negligent when it comes to taking care of their residents and what kind of behavior you should look out for if you wish to file a civil lawsuit in addition to financial abuse.
What ways can a nursing home be negligent?
There are many ways that a nursing home can be negligent when it comes to taking care of the residents they have.
- Hiring Inadequate Staff. This may mean that they either do not have the appropriate staff member to resident ratio or they failed to properly train their staff members. Both are big problems. If there are not enough members on staff, each patient is not able to get the exact right amount of care that they need. Further, if they do not have adequate training, a staff member may be in a situation where they are unable to help a resident simply because they don’t know how to.
- The Residence is not Safe. When the facility itself is not safe, this means that a resident of the nursing home may be in danger of harming themselves. For example, if the nursing home has a leaky roof and they choose not to fix it, this roof may leak water onto the floor where residents walk. If a resident slips on a puddle because of the leaky roof, this is a form of negligence.
- The Staff Does not Provide the Right Treatment. There is a certain standard of care that each person should be provided when they are in a nursing home. You can expect that your loved one will be bathed, get food and water, and be cleaned if they are unable to do so themselves. If they need medication, you can expect that the staff will be properly trained on what kind of medicine they need and the appropriate dosage. If this is not true and your loved one is not cared for properly, this could be considered abuse.
Get a Free Consultation
You may want to contact a nursing home lawyer in Manhattan, NY if you suspect your loved one could be a victim of nursing home abuse. It is important to act as soon as you are suspicious. Our attorneys at Okun, Oddo & Babat, P.C. can help protect the rights of your loved one and take legal action against those responsible for harming them. Contact Okun, Oddo & Babat, P.C. today for a free consultation with a nursing home lawyer Manhattan, NY families trust for guidance.