New York Nursing Home Lawyer – Is There a Case of Nursing Home Abuse or Neglect?

Most civil cases of nursing home abuse or neglect are brought under a general theory of “neglect,” even if the wrong that occurred was in the form of intentional abuse.

To succeed in a negligence case, the plaintiff (the person bringing the lawsuit) must show that the defendant (such as a nursing home facility) owed a legal duty that was breached, that that a result of such breach, the plaintiff was harmed.

The Legal Duty Owed for Nursing Home Negligence Cases

The legal duty owed may have been to keep hallways free of clutter to prevent falls, to care for a resident so that bedsores did not develop, or to have staff monitor exits so that those with dementia do not wander away from a facility.

Often, the duty owed to a particular client will depend upon the client’s specific needs and medical condition. For instance, the medical condition for some clients may dictate that they should never be allowed to walk unattended, or that they be given only certain types of food.  If a facility knew (or should have known) about such specific client needs and they failed to take proper precaution, they may be liable for the injuries that resulted.

Investigating Possible Cases of Nursing Home Negligence

As an initial step, the facts known about the injury should be documented, such as injuries suffered from a fall or the diagnosis of a bed sore and sepsis.  Once the physical conditions are known, the next step of an investigation is to work backwards.

In the case of a fall, it will be important to understand what caused the resident to fall.  Did the resident trip or slip, or did they fall completely on their own?  If they slipped or tripped, what did they slip or trip on?  If they fell on their own, did they experience a sudden and unexpected medical event, or, based upon their pre-existing medical condition, should they not have been allowed to walk unattended?

In a case of sepsis, is a doctor able to provide an opinion that the sepsis most likely developed from a bed sore?  If so, why did the bed sore occur in the first place?  Was the care provided to the resident inadequate?

Each nursing home injury case will be unique.  It will be important to undertake a careful examination of the facts and circumstances, and to determine at each stage whether nursing home staff acted appropriately.

A careful review and understanding of medical records of a client is often critical.  In many cases, an opinion by a trained medical expert (such as a doctor or healthcare professional) is also required to help establish a case of negligence, as expert opinion is most typically used to establish the level of care required.

Determining Whether a Case for Nursing Home Negligence Exists

Once we understand the full set of facts and circumstances, and have had the opportunity to consult with medical or other experts as may be necessary, we can then advise a client as to whether we believe that a case for nursing home negligence exists, and the options that are available for seeking compensation.  If we believe that a case for nursing home negligence exists, we can institute litigation against all those whom we believe bear legal responsibility.

Find Out More About Your Case

As New York nursing home injury, abuse, and neglect lawyers, we help clients throughout the state of New York, including Buffalo, Syracuse, and Albany. Please call us to schedule a free, no-obligation consultation with us at your convenience.  At this time we can discuss your case, and advise you how we may be able to help.

There is no obligation for this meeting, and because we represent clients on a contingency fee basis, you will not owe us any fee unless we are successful in obtaining a recovery for you.