Assault

Older individuals and people with cognitive disabilities often lack the ability to live independently. Their families, therefore, will often place them in nursing homes with the expectation that they will receive attentive care in a safe environment. Sadly, however, many nursing homes not only fail to provide their residents with the attention they need but also unknowingly allow them to become victims of assault. Acts of assault can have severe consequences, including physical injuries, emotional trauma, and a decline in overall health, and when they occur in a nursing home environment, typically constitute grounds for pursuing civil claims. If an assault in a nursing home caused you or your loved one to suffer harm, you should consult a lawyer to discuss your possible claims. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a skilled Rockland County nursing home negligence attorney, and if she represents you, she will gather the evidence needed to aid you in your pursuit of justice. Ms. Crown regularly aids people seeking compensation from negligent nursing homes in Rockland, Orange, Dutchess, Ulster, and Westchester Counties, as well as in the metropolitan area.

State and federal laws dictate that nursing homes must provide their residents with the services and care they need to uphold their mental, physical, spiritual, and social well-being in accordance with a thorough assessment and plan of care. This means, in part, that residents have the right to be free from any form of abuse, including physical and sexual assault. Assault is more likely to occur in nursing home environments where staff members lack proper training or where there is an inadequate number of workers to care for residents properly. Residents with dementia or other cognitive issues and those that need assistance eating, drinking, or grooming themselves, are more likely to become victims of assault as well. Signs that a nursing home resident has been assaulted include bruising, diminished cognitive status, fearfulness, depression, and changes in behavior.

Nursing homes have a duty to ensure the health and welfare of their residents. When they fail to meet this duty and cause, rather than prevent, harm, they can be held legally responsible for any damages that arise out of their acts or omissions.

The specific claims against a nursing home, following an assault, will vary depending on the circumstances surrounding the harm suffered, but in most instances will include allegations of negligence and Public Health Law violations, and in some instances, medical malpractice. In New York cases, arising out of an assault in a nursing home, expert testimony is often necessary to explain the applicable standard of care, the nursing home’s failure to meet the standard, the link between the nursing home’s actions and the resident's harm, and the resulting damages.

Families often entrust nursing homes with the care of their loved ones, but unfortunately, some facilities allow residents to become victims of assault. If you or a family member suffered an assault in a nursing home, it is crucial to consult a lawyer promptly to discuss your rights. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a trusted Rockland County lawyer with ample experience holding nursing homes accountable for the harm they cause residents. If you hire Valerie, she will set forth compelling arguments on your behalf to help you pursue the results you deserve. Ms. Crown’s office is located in New York, and she regularly represents people in nursing home negligence cases in Rockland, Westchester, Orange, Dutchess, and Ulster Counties and in the metropolitan area. You can contact Valerie via the form online or by calling 845.708.5900 (office number) or 845.598.8253 (Valerie’s direct cellphone 24/7).