QUESTION

I need to find an attorney to sue a nursing home.

Asked on Nov 11th, 2017 on Elder Law - New York
More details to this question:
I'm a 60 year old female resident in a nursing home in Rhinebeck, NY. I was molested by a male CNA here. I reported it to the administration. There was no punishment for the perpetrator, they mocked me, lied about what I said when I made my reports, and told me that I could not report the incident to the police (they said I did not inform the nursing home soon enough after the incident...Note: I informed them 2 hours after it happened). As recently as October, 2017 the nursing home has assigned him to be one of his 'charges'...illustrating the fact that they lend no credence to my report of being molested. This experience has been physically, mentally and emotionally devastating to me. I need help.
1 ANSWERS
Answered on Nov 12th, 2017 at 1:44 PM
Assuming this happened less than 3 years ago, you have an action against the nursing home for money damages for personal injury, due to emotional & psychological injury, assuming you can document that you told someone and had (or sought) treatment and counseling for your injury. Understandably, getting treatment must be very difficult given that you're in a hostile enviroment, but hopefully you've found at least one sympathetic psychologist or social worker with whom you've spoken at least once.   If this is a government-run facility, a notice of claim must be served on the state or county within 90 days of the assault, and if the time has expired, an attorney must immediately file a court application for leave to file a late notice of claim, which may be granted, given the circumstances. And you need to find a new nursing home- you be in an environment where you no doubt live in fear that you may be molested again, with impunity.
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