General Questions

Yes, consultations are free. Do not worry about the cost of your legal consultation.

Hiring an attorney will allow someone to advocate for you throughout the entire case. Your attorney will be knowledgeable about wrongful conviction, nursing home abuse or personal injury cases and can handle all legal work for you.

Combined, Kelly & Grossman have over 60 years of experience across these areas of practice. They are well versed in personal injury cases to ensure the largest possible verdicts and settlements.

Kelly and Grossman will handle each step including documents, medical records exchange, depositions, settlement negotiations and/or trial.

No two cases are exactly the same so each case is handled uniquely. Some cases settle prior to a lawsuit even being filed while others go to trial.

The lawyers at Kelly & Grossman have over 60 years of combined legal experience and specialize in helping clients defend their rights, in personal injury, nursing home, wrongful conviction and broker misconduct claims

Each case is unique and the length of cases varies.

The worth of your case may be determined by the severity of injuries, pain, medical treatment, and available insurance coverage.

Nursing Home Abuse

According to the Nursing Home Abuse Center any type of harm including physical or emotional injuries, sexual assault, or financial exploitation is considered nursing home abuse. Nursing home residents are typically dependent on staff and caregivers for basic needs, any form or mistreatment may be considered nursing home abuse.

Signs of nursing home neglect vary from person to person. Some common signs of neglect include dehydration, rapid weight loss, infections, bedsores, unsanitary living conditions, and burn injuries.

If you suspect your loved one is being abused seek help immediately. If you believe they are in immediate danger contact the police, if not contact New York Adult Protective Services.

You can contact the Nursing Home Complaint hotline at 1-844-697-3505 if it occurred within New York state.

Nursing Home Lawsuit Questions

Yes. A nursing home or care facility may be held responsible if negligence or abuse occurs and is reported by the nursing home resident or their loved ones.

At Kelly, Grossman &, Kerrigan, LLP, most personal injury and civil litigation cases are handled on a contingency basis. This means that we will only receive payment if and when we successfully recover damages.

New York City Specific Questions

According to the average settlement for nursing home abuse cases is around $406,000.00.

According to the New York State Department of Health nursing home residents have the following rights:

  • dignity, respect and a comfortable living environment
  • quality of care and treatment without discrimination
  • freedom of choice to make your own, independent decisions
  • be informed in writing about services and fees before you enter the nursing home
  • the safeguard of your property and money
  • appeal a transfer or discharge with the New York State Department of Health
  • privacy in communications
  • choose your own schedule, activities and other preferences that are important to you
  • receive visitors of your choosing at the time of your choosing
  • an easy-to-use and responsive complaint procedure
  • be free from abuse including verbal, sexual, mental and physical abuse
  • be free from restraints
  • exercise all of your rights without fear of reprisals

Bedsore FAQs

The Mayo Clinic defines a bedsore as “are injuries to skin and underlying tissue resulting from prolonged pressure on the skin.” Bedsores may also be referred to as pressure ulcers or decubitus ulcers.

According to the Mayo Clinic the three contributing factors for bedsores are pressure, friction, and shear. Bedsores are cause by pressure against skin that then limits blood flow to the skin. Limited movement also causes skin to become more vulnerable to damage and eventually lead to the development of bedsores. 

Those who have difficulty moving and can’t change positions easily while seated or in bed are most at risk of developing bed sores.

To help prevent bedsores you can frequently reposition yourself or whoever is at risk of bedsores in order to avoid stress on the skin. Other strategies to help prevent bedsores include taking care of your ski, maintaining good nutrition and fluid intake.

Yes, bedsores can be a sign of elder abuse. If your loved one is a resident of a nursing home the staff should be providing them will proper care. This includes moving those who are immobile or unable to move on their own, in order to prevent bedsores from happening.

Bedsores that are not treated properly may become infected. According to the Mayo Clinic complications include cellulitis, sepsis, and cancer.

Bedsores occur in certain areas if the body, specifically bony areas that lack fat. The lower back, heels and hips are all common places that bedsores can develop. There are four stages of bedsores, it is best to catch bedsores early on as they get worse with time. In the earliest stage the area will look red and feel warm to touch. Someone might complain that the area burns, hurts or itches. According to Johns Hopkins medicine it is best to treat these complaints seriously before the bedsores open and become true wounds.

If you suspect that you have spotted a bedsore on your loved one take them to a doctor so that they can get proper medical attention. If the bedsore developed while your loved one was in a nursing home the staff and doctor should be notified.

Falls FAQs

Nursing Home falls happen for many reasons including side effects of medication including dizziness. Falls may also occur because of environmental hazards including poor lighting, spills, or uneven floors. Falls can also occur if the resident is not getting the assistance they need when moving around.

Nursing home staff must be attentive to residents who are at high risk of falling as well as all other residents. The Falls Management Program was created to assist nursing homes in providing the safest care possible when it comes to nursing home falls. Taking proper precautions to ensure nursing homes are set up safely will help to prevent nursing home falls.

Who is responsible for a nursing home fall will vary depending on the situation. If a resident falls due to negligent staff the employer of the nursing home staff may be held accountable.

Personal Injury

General Questions

According to Medical News Today, medical malpractice occurs when a healthcare provider or professional neglects to proper treatment, does not take appropriate actions, or provides a substandard treatment that leads to harm, injury, or death of a patient.

Yes, misdiagnosis or conditions as a result of misdiagnosis can be considered medical malpractice.

Filing a Medical Malpractice Lawsuit

If you suspect that you have a case for medical malpractice contact us for a free consultation. Our experienced medical malpractice attorneys can evaluate your situation to determine if you have a case for a medical malpractice suit.

According to Business Insurance, about half of medical malpractice cases go to trial.

To file a misconduct report in New York you must contact the Office of Professional Medical Conduct.

Any healthcare provider can be held accountable for medical negligence. Under New York state law the following may be held accountable:

  • Hospitals
  • Nursing homes
  • Medical facilities
  • Doctors
  • Surgeons
  • Radiologists 
  • Specialists, such as cardiologists, gynecologists, obstetricians and neurologists
  • Nurse
  • Physician assistants

Slip and Fall Accidents

Slip and fall accidents can happen for a variety of reasons including one or more of the following:
  • wet floors, torn carpeting, poorly placed fixtures, and more.

Slip and fall cases can be tricky and it is important to be thorough when filing a case. Our experienced attorney’s will gather all of the details to best defend you and work to recover the damages you are entitled to.

The statute of limitations for slip and fall cases in New York is three years.

Wrongful Conviction Questions

National Institute of Justice defines wrongful conviction as when a person is convicted yet is factually innocent of the charges. Wrongful conviction can also be when there were procedural errors that violated the convicted person’s rights.  

Kelly & Grossman, LLP has been a leader in the fight against police misconduct and social injustice for generations. Our team will help you seek justice to have your wrongful conviction overturned. We also make it a point to see that you are fairly compensated for any negative impact a wrongful conviction has had on your life.

Wrongful conviction can occur from any of the following reasons:

  • Eyewitness errors
  • DNA and biological evidence discovery or testing advancement
  • Related cases with exonerations
  • Misconduct or perjury
  • Violation of due process
  • False confessions

A section 1983 lawsuit is a civil rights lawsuit. It can be filed by someone whose rights have been violated including wrongful conviction.