
A nursing home resident has a right to exceptional care in a safe environment. If they experience harm, they may file a lawsuit with their legal guardian or someone who holds a health care power of attorney.
Victims may be entitled to both economic and non-economic damages. For example, they may receive compensation for past, present, and future medical expenses, restitution for financial exploitation, and more. Visit Website to learn more.
Duty of Care
Nursing homes are legally required to provide every resident with a standard of care that prioritizes their safety, dignity, and well-being. They must comply with federal standards and state regulations, regardless of the cost of care or the medical condition of the resident.
When a nursing home fails to meet this duty, it can cause a wide range of harms. Negligence may involve unavoidable mistakes, such as forgetting to turn a patient regularly to prevent bedsores, or it may be intentional, such as hitting a resident or yelling at them. In either case, these acts violate the resident’s rights and entitle them to compensation.
To file a claim, a family member must prove that the facility or staff members owed them a duty of care. This is usually established by expert testimony, such as a physician or nurse. They must also demonstrate that the defendant breached this duty, and that this breach caused the victim’s injuries.
The most common duty of care violations in nursing home negligence claims involve failure to monitor residents, including those at risk for falls. These falls can lead to serious, life-threatening injuries like fractured bones or head trauma. Nursing homes also have a legal obligation to ensure that all patients receive their medications on time. When they fail to do so, it can result in medication errors or delayed medical attention.
Another common duty of care violation involves failing to provide adequate hygiene. When nursing home staff neglect to change soiled clothes or bedding, it can cause infections and loss of dignity. It is also important that staff clean and sanitize their hands before and after handling residents. Failure to do so can also lead to health problems, such as pressure sores or dehydration.
New York law allows close relatives to sue on behalf of a nursing home resident for any harm that occurs due to the nursing home’s negligence. This typically includes spouses, children, and legal guardians. In the event of a fatal injury, the executor or personal representative of the estate may file a wrongful death suit under EPTL 2801-D.
Breach of Duty
A nursing home owes an obligation to provide safe and competent care, including meeting basic needs, protecting residents from foreseeable harm, and maintaining a clean environment. When a home or its staff breach this duty, causing injury to your loved one, you can file a lawsuit to recover damages.
The specific duties that a nursing home owes vary depending on state and federal laws, as well as the resident’s circumstances. A Brooklyn nursing home negligence lawyer can help you identify the duties owed to your loved one and establish that they were not met by the facility.
In a typical claim, you would have to demonstrate that the nursing home breached this legal duty by failing to properly monitor your loved one’s health or safety, using physical or chemical restraints without good reason, leaving them unattended, failing to respond to complaints, and more. You must also show that this breach directly caused your loved one’s harm. Medical records, witness testimony, and expert evaluations can help you prove this link.
Your loved one has the right to a certain level of dignity and freedom in their care at a nursing home, and they cannot be subjected to corporal punishment or forced feeding. Additionally, they are entitled to visitation from their family, friends, physician, organization, or state agency. They also have the right to make decisions about their finances, personal affairs, and treatment.
If a family member signs an admission agreement stating that they are the resident’s “Legally Authorized Representative,” this does not impose financial liability on them under state law. Furthermore, it is illegal for a nursing home to condition admitting someone or continuing their stay on a guarantee from a resident’s agent.
While the primary responsibility for nursing home abuse lies with the facility itself, individual employees may also be held liable through a legal doctrine called vicarious liability. A physician who treats a nursing home resident at the facility and commits malpractice during that treatment may be liable in a separate medical malpractice case. A lawyer can advise you on how to pursue claims against multiple parties.
Causation
A nursing home can be a safe and trusted environment for elderly residents. Unfortunately, when a nursing home fails to uphold basic standards of care and your loved one is harmed, the facility may be held liable for negligence and abuse.
If your elderly family member has power of attorney and you suspect abuse, you have the legal right to take immediate action on their behalf. It is also essential for families to plan ahead by putting a medical and financial power of attorney in place before your loved one needs it.
When a person has a power of attorney, he or she names an agent to act on his or her behalf. This individual is often a spouse, child or another close family member. The power of attorney document gives the agent full authority to make any decision that the principal would have made if he or she still had the ability to do so. However, this authority has limits and certain decisions are not up to the POA.
Whether your loved one has a power of attorney or not, you can file a lawsuit on his or her behalf to hold the nursing home accountable for negligence and abuse. It is essential to have a Brooklyn personal injury lawyer on your side who can help you understand the intricacies of nursing home regulations and gather evidence to build a strong case.
Many instances of neglect and abuse in nursing homes stem from staffing issues. Caregivers who are undertrained or do not receive adequate training are more likely to make mistakes and are less able to respond quickly to emergencies. A lack of staff can lead to falls, choking, untreated medical conditions and more.
If your loved one has been harmed due to the negligence or abuse of a nursing home, New York law allows you to sue on his or her behalf. Contact the Brooklyn nursing home abuse lawyers of Jacoby & Meyers, LLP for a free case evaluation. We are committed to pursuing justice for our clients and have recovered tens of millions of dollars in settlements and jury verdicts.
Damages
When a loved one is in a nursing home, it’s crucial that they have the appropriate legal documents so someone can take action on their behalf when they suffer from abuse or neglect. Tragically, many elderly adults and people living with Alzheimer’s or other forms of dementia experience nursing home abuse or neglect. A Brooklyn nursing home negligence attorney can help you file a claim for compensation on your loved one’s behalf.
Under New York law, a person who has the capacity to make decisions cannot be placed in a nursing home without their consent. However, if they lose the ability to make their own choices due to mental decline or injury, a family member with a health care power of attorney or court-appointed guardian can authorize placement and sign admission paperwork. A doctor typically must also order the resident’s admission. Once a loved one is a resident of a nursing home, they are entitled to exceptional care in a safe environment. However, these rights are often violated by negligent staff members who do not meet their duty of care to residents.
Neglect of a nursing home resident includes physical, emotional, and sexual abuse as well as the failure to provide a safe environment, food, water, sanitation, or medical treatment. Some types of neglect include personal hygiene neglect such as not bathing or brushing teeth, emotional neglect by leaving individuals isolated or ignored, and basic needs neglect including not providing safe sleeping conditions, adequate heating, cooling, or access to nutritious food and clean clothing.
Sometimes a victim of abuse or neglect tells their family members, but others may not be able to communicate with their loved ones due to their cognitive impairments. Some victims of nursing home neglect keep the abuse or neglect they suffer to themselves out of fear, guilt, or retaliation.
When a family member discovers that their loved one has suffered injuries, illness, or death as the result of nursing home neglect, they can pursue legal action on their behalf. A lawyer can help them identify all responsible parties, document evidence, and build a strong legal strategy to secure maximum compensation from the nursing home or other negligent entity.



