Unfortunately, nursing home negligence or abuse occurs more frequently than you would think. When it happens it has a devastating effect on a nursing home resident and their families.

When you come to the decision that you need to place a loved one in a nursing care facility, you expect your loved one to receive proper care and supervision. Sadly, these facilities that advertise compassionate care for the elderly are often more interested in revenue than they are in their patients. When nursing care facilities start putting their pocketbooks before the needs of the patients, nursing home neglect is bound to occur.

When nursing home negligence causes injury or death, the nursing home may be liable. Nursing home negligence most often occurs at understaffed facilities. Patients do not get the care they need in these situations. They are not checked on often enough. They may not receive proper fluids and nutrition. They may suffer from neglect and isolation. They may not be properly moved or transferred to and from bed or the bathroom or to other areas at the facility. There may not be proper fall precautions or safeguards in place to protect the patient.


Type Of Personal Injury Case

12 + 11 =

Signs of Nursing Home Abuse

  • Bruises Or Bleeding
  • Emotional Withdrawal
  • Bedsores
  • Silence Around Caretakers
  • Bruises On Or Around An Elder’s Genitals
  • Unexplained Diseases Or Infection
  • Unexplained Fall
  • Physical Pain Or Discomfort

Difference Between Nursing Home Neglect and Abuse

Many do not understand there is a difference between nursing home abuse and neglect. Neglect comes from improper care due to missing illnesses or injuries, not giving patients proper medication or nutrition, or not following set procedures when it comes to caring for a patient. Neglect also includes the environment in which the patient is in, keeping it clean and livable. Abuse, rather, is caused by someone who intends to inflict pain or is neglectful with malicious intent. Examples of this could be using restraints for an extended period, not letting patients use the restroom, or direct physical or sexual abuse.

What Rights Do Nursing Home Residents Have?

Nursing homes have a duty of care to avoid patient injuries.  In New York State, the Department of Health has a list of specific rights that must be followed in a nursing home.

Common Causes of Nursing Home Neglect

Nursing home neglect mainly comes down to the quality of care within the nursing home. Understaffing is a top cause for nursing home negligence. Not having enough staff to be able to care for and check on patients as well as keep the facility clean can lead to poor living conditions, patient injuries, illnesses, or even death. Nurses are often overworked and may miss health issues of a patient while rushing through their time with them. They may also take short cuts when it comes to patient care, including not following proper fall prevention procedures, which may lead to an injury. Understaffing may also lead to improper training of nurses, which can lead to inadequate care for patients as well.

What to Do If You Suspect Nursing Home Neglect or Abuse

If you suspect nursing home neglect or nursing home abuse, there are a variety of steps you can take to stop the behavior. Record observations of any injuries of your loved one or changes in their behavior. Take photos, if possible, of any signs of lacerations, bruising, inadequate skincare, etc. Next, speak with a manager at the nursing home or assisted living facility. Express your concerns of neglect or abuse. If their response is unsatisfactory, you may want to report the abuse to Adult Protective Services. The final step would be to contact a nursing home abuse and neglect attorney who will be able to further explain the actions to take to represent your loved one against the facility in a potential nursing home lawsuit.

If your loved one has been neglected or abused because of nursing home negligence, you may be entitled to substantial compensation. When we put our families in a nursing home, we want and expect the best care possible for our loved ones in need. Brindisi, Murad & Brindisi Pearlman are nursing home neglect lawyers ready to fight for those who cannot. We are The People’s Lawyer and we have the experience, knowledge, and compassion needed in nursing home negligence cases to represent you. Contact our office for free legal advice on nursing home litigation today.

If you have a loved one that has experienced nursing home abuse or neglect, call The People’s Lawyer, at (315) 733-2396 or (800) 8LTB-LAW.

Victim of Nursing Home Negligence?

Contact Us For A Free Consultation


Our Law Firm Gets Results

“They truly are ‘The People’s Lawyer’. They were professional and very caring during a difficult situation. They were the best representation and made sure everything was taken care of to my satisfaction. I had a tremendous amount of support during the time I worked with BMBP. They took good care of me!”

Holland Patent, NY

“This law firm is very thorough, highly respected, and excellent. When I hired Eva Brindisi Pearlman, my main concern was getting proper representation… and I did! The communication, responsiveness and the quality of service was excellent. My case was definitely settled to my satisfaction. Everyone at this law firm is very professional!”

Yorkville, NY

“Mr. Murad was the best choice for a lawyer. He was knowledgeable and did what was best for me. As for his legal assistant, Terri, she made the whole process from start to finish as easy and stress free as possible. They went above and beyond for me. I’m very grateful!”
Michael V.

Whitesboro, NY

We stand up for innocent people when they have been injured by a careless individual’s actions. We have over 60 years of experience representing the people of New York State. The partners at Brindisi, Murad & Brindisi Pearlman know that you are counting on us to help navigate the waters of an unfortunate incident. And we take that responsibility seriously. We fight hard to get you every dollar you deserve to make sure your medical bills are paid, to recover your lost wages and get you compensated for your pain and suffering.



2713 Genesee Street

Utica, NY 13501