New York Nursing Home Accident Attorney​

In the eyes of the law in the state of New York, nursing homes owe a strict duty of care to their residents. The duty of care extends to food, shelter, hygiene and medical care when a resident is in the facility. Nursing home staff members often control every aspect of a resident’s well-being, from dispensing medications to providing food. They also assist with therapy, rehabilitation, and other recreational and leisure activities. Because of the widespread nature of their practice, there are a number of areas where a nursing home resident can incur injury. The question of whether the nursing home was responsible varies from case to case. In general, a nursing home facility may be liable for damages when an accident is due to:

• Negligent hiring or training of staff members
• Failure to provide adequate background checks (this especially pertains to allegations of abuse or misconduct)
• Failure to adequately monitor staff members
• Negligent security
• Failure to provide a safe environment and the necessities of daily living, including food and water
• Medical neglect, which occurs when staff members fail to follow a plan of care or dispense medications
• Failure to reasonably foresee dangers and protect from hazards (premises liability)
• Unnecessary force in restraint
• Intentional abuse by staff members.

To prove that a nursing home was legally responsible for your loved one’s injuries, you must show that they committed negligence and that negligence directly led to harm.