Nursing Home Liability: What You Need to Know About Nursing Home Negligence in New York

Introduction

You put your faith in the staff at a nursing home when you or a loved one checks in. Unfortunately, nursing home negligence sometimes follows after checking them in. This is regrettably not always the case. Residents of nursing homes may sustain injuries because these facilities can be hazardous and staff or owners can be negligent in the care of loved ones. In this article, you will have an overview of nursing home negligence in New York.

What Are the Most Common Types of Nursing Home Injuries?

Any physical harm an elderly person experiences while living in a long-term care facility/nursing home is considered a nursing home injury. As individuals get older, certain injuries—like falls and severe infections—become more prevalent. To reduce the risk of accidental harm, families may decide to put their loved ones in a nursing home for round-the-clock care. But serious injuries can happen to seniors in nursing homes.

Too many of these accidents are a result of neglect in nursing homes. Elder abuse can leave victims devastated, permanently disabled, or worse. In nursing facilities, a variety of injuries can happen, many of which are avoidable. The most frequent injuries in care homes are those caused by bedrails, bedsores, broken bones, and concussions.

If you’re concerned that your loved one is suffering from a nursing home injury, it’s important to be aware of the warning signs. Some common warning signs of nursing home abuse or neglect include malnutrition, asphyxiation, and head injuries.

What Is Nursing Home Liability?

When a nursing home is determined to have been negligent in the care of its residents, this situation is known legally as nursing home liability. This may entail anything from not providing medical treatment to causing bodily harm. You have faith that your loved one will be cared for when you place them in a nursing facility.

What should you do? Contacting a lawyer with experience in nursing home liability is the first move. They will be able to help you prove that the nursing home acted carelessly and in violation of their duty of care. This might involve compiling medical records and witness testimonies, as well as filing a lawsuit.

Who Can Be Held Responsible for a Nursing Home Injury?

Nursing homes may be made accountable for a variety of resident-related incidents, including injuries. The nursing home employees may be held liable if their negligence leads to an injury. This might involve improperly strapping a patient into their bed or wheelchair, failing to offer enough assistance during moves, or failing to identify and report the first indications of bedsores.

It’s crucial to remember that abuse in nursing facilities can also take the form of neglect. When a nursing home neglects to provide for a resident’s fundamental needs, such as food, water, and basic hygiene, this occurs. It’s crucial to inform authorities if you believe your loved one is being neglected.

What Evidence Is Needed to Prove Nursing Home Negligence or Abuse?

It’s critical to understand what proof you’ll need to present a strong case if a loved one is being mistreated or neglected in a nursing facility.

You must first provide substantial evidence to support your claim of abuse or neglect. Eyewitness testimony, images or videos, and recorded observations can all serve as this evidence.

You’ll need to demonstrate liability, causation, and damages once you have this proof.

You must demonstrate that the nursing home had an obligation to care for your loved one and that duty was broken in order to establish liability. You can claim that a nursing home is responsible, for instance, if inadequate monitoring is provided and your loved one wanders off and suffers harm.

You must demonstrate that the nursing home’s actions—or lack thereof—directly contributed to your loved one’s injuries in order to establish causation. For instance, you could claim that the nursing home was negligent if a patient fell and broke their hip because the stairs lacked a railing.

Finally, you’ll need to provide evidence that the mistreatment or neglect caused harm to your loved one. These harms may be financial, physical, or emotional

What Is the Process of Filing a Lawsuit Against a Nursing Home?

Information gathering comes first. This includes any medical documents, witness statements, or other supporting documentation. Once you have this information, you should contact a nursing home abuse attorney to arrange a free initial meeting.

The attorney will examine your case during the meeting to decide whether or not you have a strong case. If they think you do have a good case, they’ll presumably take it on and start working to get you justice.

If your attorney can establish negligence on the part of the nursing home, they will likely win your case and you could receive money to cover medical costs, pain and suffering, and other expenses.

How a Lawyer Can Help With Cases Related to Nursing Home Negligence

What legal avenues are available to you if you were hurt in a nursing home or if a loved one of yours was hurt or killed there? The first stage is to have a conversation with a lawyer who focuses on cases of nursing home negligence.

A lawyer can help you comprehend your options and legal rights, as well as investigate the circumstances surrounding the accident or fatality to determine whether negligence played a role. To achieve a settlement that makes up for your losses, a lawyer will frequently also be able to negotiate with the nursing home on your behalf.

Your attorney will be able to defend you in court and work to obtain a judgment if you decide to file a nursing home neglect lawsuit. *Reminder* nursing home abuse lawyers typically only get paid if they are able to recover money on you or a loved ones behalf.

Conclusion

Nursing homes must guarantee a secure atmosphere for their residents; if they fail to do so, they may be held accountable.

If you’re thinking about bringing a nursing home malpractice claim, you need to talk to a personal injury attorney. The attorneys will put forth endless effort to secure the just recompense for you. To find out more, set up a free appointment right away.

The Law Office of Vincent C. Loiodice offers a free in-person or telephone consultation at your convenience. If needed, our law firm can even come to you.