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  • Leitner Varughese

Don’t Fall for These Common Misconceptions About Nursing Home Abuse Claims

senior woman with walker

If you want to take action against a nursing home for mistreating your loved one, it’s wise to seek help from a knowledgeable attorney. Proving that neglect or abuse occurred is inherently challenging, and the path to securing a settlement is riddled with hurdles.

Even if you’ve successfully navigated other legal proceedings, there’s a lot at stake when it comes to nursing home abuse. By hiring a lawyer, you can focus on making alternative arrangements for the victim while your claim proceeds in capable hands.

You can also avoid making critical mistakes along the way. For example, there’s a lot of misinformation out there about actions against long-term care facilities, and falling for any of it could hurt your chances of securing the compensation you deserve.

Read on to learn about some of the most common misconceptions, so they can’t jeopardize your claim:

1. You Must Cooperate with the Facility’s Internal Investigation

While you cannot stop the facility from conducting their own investigation—and you should not do anything to sabotage it—you do not have to turn over any evidence you’ve obtained that indicates neglect or abuse. If administrators harass you about releasing whatever proof you have, refer them to your legal team.

Your lawyer will fend them off after reminding them that they can review the evidence later during the proceedings, when the time is appropriate.

2. Administrators Do Not Have to Release the Victim’s Records

Your family has every right to your loved one’s nursing home records. If the victim is of sound mind and is still managing their own affairs, they may submit a written request for their records. Within 10 days of receiving the request, the facility must give the resident the opportunity to see all their information.

If the victim has a health care proxy, on the other hand, the proxy is the one who can submit the request and then review the records once they’re made available.

3. If Your Family Signed a Waiver, You Cannot Sue

Waivers do not release nursing homes from liability if they abuse or neglect their residents. Put another way, nursing homes can be held responsible for damages that result when their staff deviates from the most widely accepted standards of care. This is true regardless of the terms of any waivers that residents or proxies sign.

There’s a good chance that administrators will try to convince you otherwise once they learn of your potential claim; however, do not let them intimidate you into dropping your case. At the very least, you’ve got nothing to lose by consulting an attorney, who can help you determine how best to proceed.

Discuss Your Claim with a Nursing Home Abuse Attorney in New York

If you need a nursing home abuse lawyer in New York City, Long Island, or somewhere else in the state, look no further than Leitner Varughese. You’ll get the knowledge, resources, and experience of a powerhouse practice backing your every move during the claims process. Call 855-585-2969 or submit the Contact Form on our website to schedule a free initial consultation with a nursing home abuse lawyer in New York.


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