Protecting Our Elders Across NYC
When you trust a nursing home with a parent, spouse, or relative, you expect dignity, safety, and attentive care—not injuries and excuses. At The Law Office of Jesse D. Capell, PLLC, we focus on nursing home abuse and neglect cases because we know how devastating it is to discover that a facility has failed your loved one. As a NYC nursing home abuse lawyer and trial attorney, Jesse investigates what happened, uncovers patterns of neglect, and pursues accountability from owners, management, and staff. Families from NYC and beyond turn to us when they need a nursing home neglect attorney in NYC who will treat their case with urgency, compassion, and trial-ready preparation.
Common Nursing Home Injury & Neglect Cases
We handle a wide range of nursing home negligence and elder abuse cases, including:
Falls & Fractures
Unexplained falls are one of the most common signs of nursing home negligence. Residents may fall because they are left unattended, lack proper mobility support, or are exposed to hazards like wet floors and cluttered hallways. These falls can lead to broken hips, head injuries, and a rapid decline in health. We investigate staffing levels, safety policies, and prior incident reports to determine whether the facility failed to protect your loved one.
Bed Sores & Pressure Ulcers
Just as diversified portfolios balance opportunity and protection, strong malpractice cases rely on a balanced mix of evidence. We gather medical records, expert evaluations, imaging, treatment timelines, and institutional protocols. By aligning each piece of evidence to your legal claim, we strengthen your position and ensure your case covers every avenue of liability and damages.
Physical & Emotional Abuse
Abuse in a nursing home is more than just physical harm. It can include verbal threats, humiliation, social isolation, overuse of restraints, or sexual abuse. Staff may attempt to hide or minimize these incidents, but patterns of bruising, sudden fearfulness, or dramatic personality changes can reveal deeper problems. As an elder abuse lawyer in New York, Jesse takes these allegations seriously, working to protect the resident and bring abusive individuals and facilities to justice.
Medication Errors & Medical Neglect
Nursing homes are responsible for following doctors’ orders, giving the right medications at the right doses, and watching for side effects. When staff skip doses, give the wrong drug, or ignore troubling symptoms, residents can suffer strokes, infections, or other medical crises. Some nursing home abuse cases overlap with medical malpractice, and we are prepared to trace errors through medical records, pharmacy documentation, and staff interviews.
Malnutrition, Dehydration & Poor Hygiene
Signs like sudden weight loss, dry skin, cracked lips, or strong odors can indicate that a resident is not getting enough food, water, or basic hygiene. These forms of neglect are often systemic—stemming from understaffing, poor training, and a culture of cutting corners. Our firm takes a close look at care plans, staffing schedules, and internal policies to show how neglect led to the resident’s decline.
What Is Nursing Home Abuse and Neglect?
Nursing home abuse is intentional harm to a resident. It can include physical violence, sexual assault, emotional abuse, or financial exploitation. Neglect, by contrast, is the facility’s failure to provide the basic care that residents need to stay safe and healthy. That may look like not turning a resident who cannot move on their own, failing to assist with walking, ignoring call bells, or disregarding medical instructions. Both abuse and neglect can lead to serious injuries, hospitalizations, and loss of independence.
Nursing home abuse and neglect cases require careful investigation. We look beyond the facility’s explanation to examine whether policies were followed, whether staffing levels were adequate, and whether the resident’s care plan was truly implemented day-to-day.
Signs of Nursing Home Abuse & Neglect to Watch For
Families often notice warning signs long before the facility admits there is a problem. Common signs of nursing home abuse and neglect to watch for include:
- Unexplained bruises, cuts, or fractures
- Frequent falls or repeated trips to the hospital
- Bed sores or skin breakdown, especially on heels, hips, or tailbone
- Sudden weight loss, dehydration, or constant hunger
- Poor hygiene, dirty clothing, or unchanged bedding
- Withdrawn, fearful, or unusually agitated behavior
- Staff refusing to leave you alone with your loved one
- Personal items or money going missing
If you are noticing these signs of nursing home abuse to watch for, it is important to act quickly to protect your loved one and preserve evidence.
Legal Rights of Nursing Home Residents
Residents in New York nursing homes have specific rights under state and federal law, often referred to as the Nursing Home Residents’ Bill of Rights. These rights include the right to be treated with dignity, to be free from abuse and unnecessary restraints, and to receive proper medical care, nutrition, and hygiene. When a facility violates these rights and a resident is harmed, the family can pursue a civil claim for compensation.
In addition to civil lawsuits, suspected abuse or neglect can be reported to state regulatory agencies and, in some cases, law enforcement. A nursing home injury attorney can walk you through how to report nursing home neglect in NY, how to document what you are seeing, and how to balance safety concerns with preserving your legal options.
Our Experience with Nursing Home Cases
Jesse has a special focus on nursing home abuse and neglect cases and understands how these facilities operate behind the scenes. He brings trial experience, attention to detail, and a willingness to dig into complex medical records and corporate structures. Our firm has handled matters involving severe bedsores, repeated falls, malnutrition, dehydration, and other forms of systemic neglect.
Because we approach each case as if it may go to trial, facilities and their insurers know we are prepared to present the full story to a jury. That trial readiness often helps drive fair settlements, but if the nursing home refuses to take responsibility, we are prepared to move forward in court.
Nursing Home Abuse & Neglect FAQs
How do I prove a nursing home is negligent?
Evidence is critical. We gather medical records, care plans, and incident reports; obtain witness statements from staff, residents, or visitors; and work with nursing and medical experts who can explain what proper care should have looked like. Patterns of injuries, repeated complaints, or prior violations can also support a claim. An experienced nursing home neglect attorney in NYC coordinates this evidence to show how the facility failed your loved one.
What should I do if I suspect nursing home abuse or neglect?
First, focus on your loved one’s immediate safety. If there is an urgent danger, call 911 or remove the resident from the facility if possible. Report your concerns to nursing home management and appropriate state agencies. Document everything: take photos of injuries, keep copies of letters or emails, and write down dates, times, and names of staff. Then contact a nursing home abuse lawyer in Brooklyn to review the situation, explain your options, and help you decide on next steps.
Can the nursing home retaliate if I file a claim or complaint?
Retaliation against a resident for reporting abuse or neglect is not allowed and can create additional legal problems for the facility. While families understandably worry about backlash, both the law and regulatory agencies recognize how vulnerable residents are. We can advise you on strategies to reduce risk, help monitor for any changes in treatment, and act quickly if we see signs of retaliation.
What compensation can my family receive in a nursing home abuse case?
Potential compensation may include medical costs related to the injuries, pain and suffering experienced by the resident, and, when appropriate, the cost of relocating to a safer facility. In particularly egregious cases, punitive damages may be available to punish and deter serious misconduct. Every case is different, and we will evaluate the specific harm your loved one has suffered.
Are nursing home abuse and neglect cases handled on a contingency fee?
Yes. Like other personal injury and elder neglect matters, we handle these cases on a contingency fee basis. That means you do not pay attorney’s fees unless we recover compensation for your family. This allows you to pursue justice for your loved one without taking on additional financial strain.
Related Elder Neglect & Injury Services
Nursing home abuse cases often overlap with other serious injury and medical issues. These related services may also be relevant to your situation:
1. Personal Injury – Serious Injury Claims
We represent injured individuals and families in a wide range of personal injury matters, from motor vehicle crashes to other negligence cases.
2. Medical Malpractice – Medical Negligence in Facilities
Some nursing home cases involve clear medical negligence by doctors, nurses, or other providers. Our medical malpractice representation addresses failures in diagnosis, treatment, and medication management.
3. Nursing Home Fall Injuries
We operate without commissions or outside incentives—every recommendation is made solely to protect your rights, business, and financial stability.
4. Bed Sores & Pressure Ulcers
Severe bed sores are often a visible sign of prolonged neglect. Our dedicated subpage explains how these injuries develop, why they are preventable, and how we pursue accountability.
5. Elder Abuse Cases
Some cases involve intentional physical, emotional, or financial abuse of elders. This subpage focuses on broader elder abuse issues beyond traditional nursing home neglect.
Contact Us
Worried About a Loved One in a Nursing Home?
If you suspect nursing home abuse or neglect, you do not have to handle it alone or wonder what to do next. Our NYC nursing home abuse lawyer will listen to your concerns, explain your options, and help you take steps to protect your loved one and pursue accountability.