Nursing Home Negligence

As an experienced trial lawyer who successfully tried scores of cases involving medical negligence for over 30 years, Bob has gained extensive knowledge in various areas of medicine, including the unique medical issues and challenges found in cases of the neglect and/or abuse of the elderly. After having used his knowledge and expertise to defend health care providers and facilities accused of negligence, Bob has decided to marshal his talents and efforts to help the victims of negligence and their families.

Bob has teamed up with one of the most prominent lawyers working in this field. Jeffrey J. Downey, Esq. is of counsel to the firm. In addition to New York, Jeff is licensed to practice in Maryland, Virginia, West Virginia, and the District of Columbia, and has been a champion on behalf of victims and their families in the area of nursing home negligence and abuse. He has won some of the largest verdicts on record for these types of cases and set significant legal precedents which have helped far more than just his own clients. As a frequent lecturer and author of several articles on issues pertaining to the abuse and neglect of the elderly in long-term health care facilities, Jeff brings considerable authority and skill to this specialized area of practice. Together, Bob and Jeff will use their complementary strengths to achieve the best possible results for their clients.

What is Nursing Home Negligence?

​According to the National Center on Elder Abuse, elder abuse refers to intentional or negligent acts by a caregiver or “trusted” individual that causes (or potentially causes) harm to a vulnerable elder. The most common categories of abuse are:​
•Physical abuse
•Sexual abuse
•Financial abuse and exploitation
•Emotional or psychological abuse and neglect (including verbal abuse and threats)

​According to available data, neglect is the most common type of elder abuse. There is some debate over whether mistreatment by strangers, rather than by a person in a trust relationship to the victim such as spouse, child, or friend, also constitutes elder
abuse, neglect, or exploitation.

Who is at risk for abuse, neglect, and exploitation?

Elder abuse can happen to anyone–a loved one, a neighbor, and when we are old enough, it can even happen to us. Elder abuse affects seniors across all socio-economic groups, cultures, and races. Elder abuse can occur anywhere: in a person’s own home in nursing homes, assisted living facilities, and other institutional settings in hospitals. Based on available information, women and “older” elders (80 years old and older) are more likely to be victimized, and mistreatment is most often perpetrated by the victim’s own family members.

Signs of Nursing Home Negligence

Does someone you know—a senior or adult with a disability—display any warning signs of mistreatment?

• Lack of basic hygiene, adequate food, or clean and appropriate clothing

• Lack of medical aids (glasses, walker, teeth, hearing aid, medications)

• Person with dementia left unsupervised

• Person confined to bed is left without care

• Home cluttered, filthy, in disrepair, or having fire and safety hazards

• Home without adequate facilities (stove, refrigerator, heat, cooling, working plumbing, and electricity)

• Untreated pressure “bed” sores (pressure ulcers)

Financial abuse/exploitation

• Lack of amenities victim could afford

• Vulnerable elder/adult “voluntarily” giving uncharacteristically excessive financial reimbursement/gifts for needed care and companionship

• Caregiver has control of elder’s money but is failing to provide for elder’s needs

• Vulnerable elder/adult has signed property transfers but is unable to comprehend the transaction or what it means

Psychological/emotional abuse

• Unexplained or uncharacteristic changes in behavior, such as withdrawal from normal activities, unexplained changes in alertness, other

• Caregiver isolates elder (doesn’t let anyone into the home or speak to the elder

• Caregiver is verbally aggressive or demeaning, controlling, overly concerned about spending money, or uncaring

Physical/sexual abuse

• Inadequately explained fractures, bruises, welts, cuts, sores, or burns

• Unexplained sexually transmitted diseases

If you or someone you know is in a life-threatening situation or immediate danger, call 911 or the local police or sheriff.