New York Nursing Home Accident Attorney
Nursing homes are supposed to be safe havens for our loved ones when they can no longer care for themselves. These facilities are expensive, and we reasonably expect nursing home staff to extend devotion and care to their residents. Unfortunately, negligence occurs in nursing home settings more often than we’d like to think. If a loved one recently sustained an injury in a nursing home, learn about your legal options and when to contact a New York City nursing home accident attorney for help. Meirowitz & Wasserberg, LLP offers free consultations for all legal cases.
Is the Nursing Home Responsible for Injuries?
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, and;
- 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.
Negligence by Third Parties in Nursing Home Accidents
It’s difficult to hear that your loved one was injured in a nursing home, and your natural response will likely be to assume the nursing home was responsible. In some instances, however, a third party might be legally liable for damages.
For example, many nursing homes use contractors for occupational or physical therapy services. If your loved one sustains injury because one of these therapists failed to coach on proper technique, a third party would likely be responsible for their injuries. In other cases, your loved one may incur injury because of a flaw in the design or manufacture of a piece of equipment.
Your NYC Nursing Home Accident Attorneys
Nursing homes have a legal responsibility to their residents. If they violate their duty of care and your loved one sustains injury as a result, you may be entitled to collect damages. To learn more about nursing home accidents and personal injury, contact us to schedule a free initial consultation with our New York City personal injury lawyers. We offer our services on a contingency-fee basis, so you’ll only owe a fee if we win a settlement or court judgment on your behalf.