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Elder and Nursing Home Abuse in New York

Elder abuse is a national problem. Millions of the country's seniors are abused, neglected and exploited each year. Sadly, this abuse is often carried out by guardians or others responsible for the care of the elderly person.

Egregious cases of nursing home abuse, or cases involving celebrities like New York socialite Brooke Astor, sometimes garner the media's attention. The plight of many exploited elderly citizens, however, goes unnoticed and unreported.

The federal government and states, including New York, have laws designed to protect their elderly citizens as well as organizations, like the New York State Elder Abuse Coaltion, that advocate on their behalf. However, the problem continues to grow, especially with the aging of the baby boomer generation. Just this past year, New Yorkers learned how prevalent the problem truly is within its borders.

New York Elder Abuse Study

In May 2011, the New York State Elder Abuse Prevalence Study final report was published. The study, possibly the largest comprehensive elder abuse analysis in the country to date, sought to quantify the number of abuse cases, estimate prevalence of specific types of abuse, and compare rates of reported versus unreported cases of abuse among the elderly. Funded by New York State William B. Hoyt Memorial Children and Family Trust Fund, the New York Office of Children and Family Services partnered with academic entities, government agencies, and community organizations to conduct the study.

Interviewing over 4,100 elderly New Yorkers and reviewing documents from 292 agencies, the study revealed some disturbing results. For study years 2008 to 2009, in New York, the elder abuse rate is 24 times greater than cases reported to law enforcement or social services. Given this prevalence, an estimated 260,000 citizens have suffered some form of abuse since the age of 60. This number represents about 10 percent of all seniors living in the state.

Types of abuse include physical abuse, emotional abuse, neglect and financial exploitation. Abuse may occur by staff in nursing homes or by family or caretakers in the elder's home.

Possible Prevention Measures

In order to combat the problem, as the New York study reveals, certain key issues must be addressed. Adequate and accurate data collection, professional and public awareness, cross-system collaboration, and appropriate prevention and intervention strategies are crucial to successfully reducing the incidence and risk of elder abuse.

There are also steps individual New Yorkers can take. If you have a loved one that is cared for by others in a nursing home or at their own home, be aware of symptoms of neglect and abuse. Aside from the obvious signs of physical injuries and bruises examples of symptoms to watch for include: bed sores, malnutrition, poor hygiene, emotional withdrawal and strange financial transactions.

If you suspect neglect or abuse bring your concerns to the caretaker provider immediately. Also consider contacting an experienced nursing home abuse attorney. A knowledgeable lawyer can advocate for your loved ones' rights and help them obtain compensation for their suffering.

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Accolades & Memberships
Million Dollar Advocates Forum

David J. Hernandez is a lifetime member of the Million Dollar Advocates Forum and is a New York Super Lawyer.

Super Lawyers | 2007, 2010
Puerto Rican Bar Association | 1957HNBA | Hispanic National Bar Association

He served as the 50th President of the Puerto Rican Bar Association; the NY Hispanic Bar Task Force on Judicial Selection Committee; and the NYS Conference of Bar Leaders.

NYSTLA

He serves as a member of the Judicial Screening Committee and Committee on Character and Fitness for the Second Department; the Advisory Committee on Civil Practice to the Chief Administrative Judge; NYSBA House of Delegates and Grievance Committee of the Brooklyn Bar Association.

NYSBABrooklyn Bar Association | 1872
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Brooklyn, NY 11242

Phone: 718-530-0212
Fax: 718-522-3305
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En Español About David

David J. Hernandez was admitted to the practice of law in the State of New York in May 1987 and the State of New Jersey in November 1988. He is also admitted in the Eastern, Southern and Western District Courts of the State of New York; the Federal District Court of the State of New Jersey and the United States Supreme Court.

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