If your elderly loved one received substandard care from nursing home staff, your family may have grounds for a claim against the facility. As long as you can prove the victim incurred damages as a result of neglect or abuse, you have the right to pursue compensation.
In the state of New York, recoverable damages fall under two categories: compensatory and punitive. Read on to learn about these two categories of damages:
Compensatory Damages
Compensatory damages are intended to make the victim “whole” again by paying for economic and non-economic losses. In a nursing home abuse case, such damages might include:
Ambulance fees;
Diagnostic imaging;
Emergency surgery;
Prescription medications;
Rehabilitation expenses;
Medical equipment;
Future healthcare bills;
Home care;Pain and suffering;
Mental anguish;
Physical impairment and disfigurement; and
Loss of enjoyment in life.
Punitive Damages
Instead of compensating the plaintiff for losses he or she actually incurred, punitive damages are awarded to punish the defendant for willful negligence, wanton recklessness, maliciousness, or a conscious disregard for the health, rights, or safety of others. Although most personal injury scenarios do not warrant a punitive award, some victims of nursing home abuse are entitled to such damages.
If nursing home staff destroyed evidence of the negligence, for example, the judge might order punitive damages on top of compensatory damages. Likewise, a punitive award may be warranted if staff members were purposely trying to hurt the victim.
How Can I Prove the Extent of the Damages?
Just because your loved one incurred medical expenses and other damages as a result of the mistreatment doesn’t mean the opposing party will agree to pay a fair settlement. To recover a reasonable payout, you will have to present sufficient evidence of the damages you are claiming. Such evidence might include:
Hospital bills;
Medical records;
Deposition from medical experts regarding the victim’s prognosis;
Photographs of any visible wounds, scarring, or disfigurement;
Deposition from the victim;
Deposition from other residents who were also victims of abuse; and
Deposition from friends and loved ones who witnessed a change in the victim’s mood, behavior, or demeanor since the abuse.
Calculating a fair settlement in a nursing home abuse or neglect case can be incredibly complicated. There are a number of factors that could influence the potential value of your family’s claim including the victim’s life expectancy, the severity of the injuries, the permanence of the injuries, and how the injuries have affected quality of life. A well-credentialed attorney can help you approximate a fair settlement amount based on the facts of your family’s case.
Discuss Your Claim with a Nursing Home Abuse Attorney in New York
If you want to sue the nursing home that failed to care for your loved one adequately, contact Leitner Varughese. We’ve recovered more than $100 million in nursing home negligence and malpractice cases. Call 855-585-2969 or fill out our Contact Form to schedule a free case review with a nursing home abuse lawyer in New York.
