Discovering that a loved one has suffered due to nursing home neglect is devastating. Fortunately, New York law provides legal options for residents and their families. If a nursing home’s failure to provide adequate care has caused harm, you may be able to sue for neglect to seek justice and compensation. Reach out to a skilled Rockland County nursing home abuse lawyer today for more information.
What is Nursing Home Neglect?
Nursing home neglect occurs when a facility fails to provide the necessary level of care, supervision, and services required to maintain a resident’s physical and mental health. Unlike abuse, which is intentional harm, neglect is a failure to act, often stemming from understaffing, poor training, or facility negligence. This failure to meet the standard of care can lead to serious injury, illness, or even death.
Recognizing neglect involves watching for physical signs and changes in behavior that demonstrate a resident’s basic needs are not being met. It’s crucial for family members to be aware of the quality of care their loved one is receiving.
Examples of nursing home neglect can include the following:
- Failure to assist with hygiene, leading to severe bedsores or infection
- Inadequate nutrition or hydration, resulting in unexplained weight loss or dehydration
- Failure to properly monitor and prevent falls, causing fractures or head injuries
- Ignoring calls for assistance with using the restroom or mobility, resulting in unhygienic conditions or unnecessary pain
Can I Sue a Nursing Home for Neglect in NY?
Yes, you can sue a nursing home for neglect in New York. When a nursing home accepts a resident, the company assumes a legal duty to provide a certain standard of care, ensuring the resident’s safety and well-being. When a failure to meet this standard results in injury or harm, it is considered negligence, which is a valid basis for a lawsuit.
New York law allows injured residents, or their families, to pursue various types of claims, most commonly personal injury or wrongful death claims. These lawsuits aim to recover damages for medical expenses, pain and suffering, and other losses caused directly by the facility’s neglect. Successfully suing a nursing home requires demonstrating that the facility’s failure to act was the direct cause of the resident’s injury.
How Can I Prove Negligence?
To prove nursing home negligence in New York, you need to gather specific evidence to establish four key legal elements:
- Duty of care: Show the nursing home had a legal obligation (duty of care) to the resident. This is typically established by the admission contract.
- Breach of duty: Demonstrate that the facility breached this duty by failing to meet the accepted standard of care. Evidence includes medical records detailing the injury, staff shift logs, facility inspection reports, and internal incident reports.
- Causation: Establish a direct link showing the nursing home’s failure was the direct cause of the resident’s injury or death. Expert witness testimony from doctors or nurses can help.
- Damages: Document the losses incurred due to the injury, such as medical bills, pain and suffering, and funeral expenses, using financial records and personal testimony.
An experienced attorney can help you successfully navigate this process. Contact a skilled legal professional today for more information.
