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Buffalo Nursing Home Negligence & Abuse Lawyers
Experienced Buffalo Injury Attorneys Fighting For Victims of Nursing Home Neglect & Abuse in Western New York
Read Our Free Nursing Home Negligence Guide
If you or a loved one has suffered abuse or neglect in a nursing home, you are in the right place. The emotional and financial strain of such an experience can be overwhelming. At Andrews, Bernstein & Maranto, PLLC, we understand how confusing it can feel to navigate medical care, insurance claims, and legal options simultaneously. Many families do not know where to turn when they realize that a loved one may have been harmed while under the care of a facility they trusted. Our Buffalo nursing home abuse lawyers are committed to providing clear guidance, compassion, and aggressive advocacy to ensure your loved one receives the justice and compensation they deserve. We will start your case immediately after you hire us and will remain fully dedicated until you receive full and fair compensation.
One of the most important steps after a serious injury is to avoid speaking to any insurance company, including your own, without legal representation. Insurance companies are trained to minimize payouts, even in cases where you have suffered serious harm. Speaking with them prematurely could jeopardize your claim or reduce the compensation you ultimately receive. We handle all communication with insurers on your behalf so that you can focus on recovery and supporting your loved one.
Signs of Nursing Home Abuse
Recognizing abuse in a nursing home is critical because many forms of mistreatment are not always obvious. Abuse can take multiple forms, and the signs often overlap, making vigilance essential.
Physical Abuse: This can include unexplained bruises, cuts, burns, fractures, or other injuries that do not have a reasonable explanation. Residents may flinch at touch, be fearful of staff, or refuse to speak about incidents.
Emotional Abuse: Residents may show signs of anxiety, depression, withdrawal, or confusion. Staff may threaten, belittle, or isolate residents from family and friends, causing long-term emotional trauma.
Financial Abuse: Sudden withdrawals, missing money, or unusual charges on accounts may indicate that the resident’s finances are being exploited. Often, perpetrators are staff or trusted individuals with access to the resident’s funds.
Neglect: This occurs when a nursing home fails to provide basic necessities such as proper hygiene, nutrition, hydration, or necessary medical care. Residents may suffer from untreated medical conditions, infections, or deterioration of physical or cognitive abilities due to neglect.
Statistics show that 1 in 10 Americans over 60 experience elder abuse, with nursing home residents being particularly vulnerable because of mobility limitations and dependence on staff for daily needs. Identifying these warning signs early can prevent further harm and provide a stronger basis for a legal claim.
New York Laws Protecting Nursing Home Residents
New York State has established strict laws to protect nursing home residents from abuse and neglect. A key statute is Public Health Law 2803-d, which holds nursing homes legally accountable for injuries caused by negligence, abuse, or neglect.
Under this law, residents and their families may pursue compensation for various damages, including:
- Medical expenses for treatment related to abuse or neglect
- Pain and suffering resulting from emotional or physical harm
- Loss of quality of life or enjoyment of daily activities
- Long-term care needs or rehabilitation expenses
Our attorneys are skilled at navigating these protections to ensure that claims are filed correctly and that all available damages are pursued. We know how to use the law to protect your loved one’s rights and hold negligent facilities accountable for their actions.
Types of Nursing Home Abuse
Abuse can take many forms in a nursing home, and recognizing the specific type of mistreatment is essential for filing a successful claim.
- Bedsores / Pressure Ulcers: These painful wounds often develop when residents are left in one position for too long without proper repositioning. They are a sign of neglect and poor care and can lead to severe infections or death if untreated.
- Falls: Unsafe conditions, inadequate supervision, or poorly maintained facilities can cause residents to fall, resulting in fractures, head injuries, or permanent disability.
- Medication Errors: Mistakes in administering medications, including incorrect doses, skipped medications, or harmful drug interactions, can lead to hospitalization, worsening of medical conditions, or death.
- Dehydration / Malnutrition: Residents who do not receive adequate food or water may experience rapid weight loss, fatigue, confusion, and other serious health consequences.
- Physical Abuse by Staff: Hitting, rough handling, or improper use of restraints constitutes clear physical abuse. Such acts are criminal offenses in addition to being grounds for civil claims.
Nursing home abuse is a widespread issue in New York, with thousands of residents suffering harm each year. Cases have resulted in settlements and verdicts reaching hundreds of thousands to millions of dollars, reflecting both the severity of injuries and the violation of trust residents place in care facilities.
Who Can File a Claim
Typically, the injured resident or a legal representative, such as a family member, can file a nursing home abuse claim. In cases where the resident is unable to act due to medical or cognitive limitations, family members may pursue compensation on their behalf.
Time is critical in these cases. New York has statutes of limitation that limit how long a claim can be filed, often just one to three years depending on the circumstances. Immediate legal guidance ensures that evidence is preserved, including medical records, photographs, and facility reports, which are crucial to building a strong case.
Steps to Take After Nursing Home Abuse
Taking prompt and strategic action after abuse occurs is essential to protect your loved one and maximize potential compensation:
- Document Everything: Keep detailed records, photographs, and medical documentation of any injuries or neglect. Note the time, date, and staff involved in each incident.
- Report Abuse: Notify the nursing home administration, but remember that internal investigations may not be sufficient to hold staff accountable. Report the abuse to the New York State Department of Health or Adult Protective Services as well.
- Seek Medical Care: Ensure your loved one receives a full medical evaluation, even if injuries appear minor. Proper documentation of medical treatment supports your legal claim.
- Contact an Attorney Immediately: Do not speak with any insurance company or nursing home representatives before consulting a lawyer. Insurance companies often try to minimize payouts, and statements made without counsel can harm your case.
- Preserve Evidence: Keep all personal items, medications, and documentation intact. Your attorney will use this evidence to build a case that clearly shows neglect or abuse.
How Andrews, Bernstein & Maranto, PLLC Can Help
Our firm is dedicated to securing justice and compensation for victims of nursing home abuse in Buffalo, NY. We will:
- Begin investigating your case immediately
- Gather evidence and interview witnesses
- Handle all communication with insurers and nursing home representatives
- Guide you through legal procedures with care and empathy
- Advocate for maximum compensation for medical bills, pain, suffering, and emotional distress
Our attorneys approach each case with compassion, professionalism, and determination. We understand the emotional and financial toll abuse takes on families and will fight tirelessly to ensure your loved one’s rights are protected.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Robert J.
Maranto, III
Attorney
Thanon
Rezvi
Attorney
Rea Marcelo
Roxas
Attorney
Common Mistakes to Avoid After a Nursing Home Abuse Injury
If you or a loved one has suffered an injury due to nursing home abuse, taking the right steps early is critical. Many people unintentionally make mistakes that can hurt their injury claim. Knowing what not to do can protect your rights and ensure you get the compensation you deserve.
1. Hiring a Lawyer Who Cannot Handle a Trial
Not all attorneys handle trials. Insurance companies know which lawyers are trial attorneys and which are not. If you hire a lawyer who does not go to court, insurance companies may offer less compensation, knowing your attorney may not challenge them in court.
At Andrews, Bernstein & Maranto, PLLC, our Buffalo Nursing Home Abuse Lawyers are prepared to take your case to trial if necessary. We fight for fair compensation and will not let insurance tactics reduce the value of your claim.
2. Delaying Medical Treatment
Getting immediate medical care after an injury is essential. Failing to see a doctor right away can make it difficult to prove the injury was caused by abuse. Even minor injuries can become serious if left untreated.
Our attorneys can help ensure you receive the care you need while documenting your injuries. Medical records provide important evidence for your claim and support your request for full compensation.
3. Ignoring or Skipping Treatments
Following your doctor’s orders is critical. Missing appointments, not taking prescribed medication, or skipping therapy sessions can weaken your case. Insurance companies may claim that your injuries are not serious or that your recovery is your own fault.
We guide our clients on how to follow medical advice and document treatment plans to protect their claim. Proper documentation can make a major difference in the outcome of your case.
4. Speaking to Insurance Companies Without a Lawyer
Insurance representatives are trained to minimize payouts. Talking to them without legal guidance can lead to statements being used against you, delays in payment, or unfair settlement offers.
Our Buffalo Nursing Home Abuse Lawyers handle all communications with insurers. We make sure your rights are protected and negotiate on your behalf to secure fair compensation for medical bills, pain, suffering, and emotional distress.
How Andrews, Bernstein & Maranto, PLLC Can Help
If you have questions about your injury claim, we are here to guide you every step of the way. We offer:
- Free consultations to discuss your case and answer questions
- Immediate action to preserve evidence and protect your rights
- Assistance navigating medical records, documentation, and insurance communications
- Aggressive representation to help you secure maximum compensation
Our attorneys understand the emotional and financial strain that comes with nursing home abuse. We approach every case with care, professionalism, and dedication to your loved one’s well-being.
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Client Reviews
“Couldn’t be happier with the way my case was handled. A very thorough, encouraging , professional and hands-on firm to work with. You are treated with respect, and not merely as a number here.”
– Todd Hannel
Read More Reviews Related Blogs
How to Prove Nursing Home Neglect in New York
Choosing the Right Lawyer for Your Nursing Home Neglect Case in New York
Identifying the Signs of Nursing Home Neglect in New York What Every Family Should Know
New York’s Nursing Home Neglect Laws: What You Need to Protect Your Loved Ones
What to Do If You Suspect Nursing Home Neglect in New York State
Frequently Asked Questions About Nursing Home Abuse in Buffalo, NY
How do I report nursing home abuse in New York?
You can report suspected abuse to the New York State Department of Health or Adult Protective Services. It is important to document injuries, take photos, and keep records of any incidents. Do not delay seeking legal guidance. A Buffalo Nursing Home Abuse Lawyer can help you report abuse while protecting your rights and gathering evidence for your claim.
Can I sue a nursing home for neglect?
Yes. Nursing home neglect or abuse can be the basis for a civil claim. Families can seek compensation for medical bills, pain and suffering, emotional distress, and long-term care costs. Insurance companies are often involved, so working with Buffalo Nursing Home Abuse Lawyers ensures your case is handled properly.
What is the statute of limitations for nursing home cases in New York?
In New York, the statute of limitations for nursing home abuse claims typically ranges from 1 to 3 years from the date the injury was discovered. Timely action is crucial. Contacting a Buffalo Nursing Home Abuse Lawyer early ensures evidence is preserved and deadlines are met.
Who can file a nursing home abuse claim?
The injured resident can file a claim. If the resident is unable to act due to cognitive or medical limitations, a family member or legal guardian can file on their behalf. Our attorneys help families understand who has the legal authority to bring a claim.
What should I do immediately after discovering abuse?
- Ensure the resident is safe.
- Seek immediate medical care.
- Document all injuries and keep detailed notes.
- Contact a Buffalo Nursing Home Abuse Lawyer before speaking to insurance companies or facility staff.
What types of damages can I recover?
Damages may include medical expenses, rehabilitation costs, pain and suffering, emotional distress, and loss of quality of life. Buffalo Nursing Home Abuse Lawyers work to calculate the full scope of compensation you may be entitled to.
Can my loved one’s injury affect their long-term care needs?
Yes. Injuries from abuse or neglect can require extended medical treatment or specialized care. A nursing home abuse claim can include compensation for future care needs to help your loved one recover fully.
Should I talk to the insurance company?
No. Do not speak with insurance adjusters without a lawyer present. Insurance companies often attempt to minimize payouts or use your statements against you. Buffalo Nursing Home Abuse Lawyers handle all communications and negotiations to protect your interests.
How soon should I hire a lawyer?
Immediately. Early legal involvement ensures evidence is preserved, deadlines are met, and insurance companies cannot take advantage. Contacting Buffalo Nursing Home Abuse Lawyers promptly can make a significant difference in the success of your claim.
Can I still file a claim if the abuse happened months ago?
Possibly, but time is limited. Statutes of limitations apply, so it is important to reach out to a Buffalo Nursing Home Abuse Lawyer as soon as possible to evaluate your options.
Contact Buffalo Nursing Home Abuse Lawyers for Help
If you or a loved one has suffered a serious injury in a nursing home, it is important to take action as soon as possible. Andrews, Bernstein & Maranto, PLLC is here to guide you through the process and protect your rights. Our Buffalo Nursing Home Abuse Lawyers offer free consultations, so you can discuss your case with no obligation.
We handle cases on a contingency fee basis, which means you never owe any money unless we achieve a successful result on your claim. This approach ensures that you can pursue justice without worrying about upfront legal fees.
How the process works:
- Free Consultation: We will review your situation, answer your questions, and explain your legal options.
- Investigation: Our team gathers evidence, including medical records, documentation of injuries, and witness statements, to build a strong case.
- Negotiation: We work with insurance companies and the nursing home to seek fair compensation for medical bills, pain and suffering, and other damages.
- Trial (if necessary): If a fair settlement cannot be reached, our attorneys are prepared to take your case to court and fight for your rights.
You do not have to face this alone. The first step is simply reaching out. Call Andrews, Bernstein & Maranto, PLLC today and speak with a Buffalo Nursing Home Abuse Lawyer who will protect your rights and guide you every step of the way.
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Client Reviews
I can’t say enough about Bob Maranto and his team! They truly helped me through one of the most difficult times of my life. They were always so positive, accessible, and communicative. I highly recommend this firm if you are looking for a team that will go above and beyond, and will take some of the load off of dealing with a personal injury. I felt like Bob and his team allowed me to have some peace of mind while I was recovering. Definitely hire this firm, you won’t regret it!