The Basics of a Nursing Home Injury Case

Written by
Abraham Jaros
Updated on Thursday, Oct 26, 2023

If your elderly loved one receives inadequate or abusive care in a nursing home and sustains or exacerbates injuries or illnesses as a result of this treatment, then you can launch a personal injury case on their behalf. If the treatment leads to the tragic death of your loved one, you can also launch a wrongful death suit.

A recent study finds that 1 out of every 5 patients in a New York City nursing home receives some form of mistreatment. Not all of this mistreatment comes from nursing home staff. Some is resident-on-resident treatment, which the staff fails to intervene in or catch. 28% of the incidents are physical, and 27% are sexual. 16% of residents are verbally abused. In addition, residents often start abusing each other when staff members set the tone by abusing them in turn.

These cases are governed not just by New York tort law but by New York’s Public Health Law.

Proving the Home Was Negligent

In order to launch a nursing home abuse case you must prove the nursing home was negligent. This can mean:

  • They have safety policies in place, and it’s possible to show they didn’t follow those procedures.
  • Staff members directly harmed or abused your loved one.
  • There were medication errors.
  • Failure to properly reposition patients in beds and wheelchairs.
  • Fall risks are not being managed.
  • Failure to take appropriate COVID-19 risks, in cases of gross negligence or intentional misconduct.
  • Failure to provide adequate security.
  • Failure to adequately monitor staff members.
  • Unnecessary restraint of your loved ones.
  • Failure to properly vet or train nursing home staff.
  • Failure to properly maintain equipment, such as wheelchairs.

Proving the Negligence Caused Harm

A personal injury case requires that someone suffer from harm as a direct result of the negligent or malicious acts. Obviously it’s not always easy to prove that an elderly person suffered any harm that their old age wouldn’t have brought them.

Yet there are signs we can point to. Any unexplained injuries, repeated, similar injuries, or any sudden STD diagnoses can all point to abuse. So, too, can sudden changes in behavior. Bedsores, dehydration, and malnutrition can all point straight to neglect.

Filing a Claim

You can secure compensation for:

  • Medical bills
  • Lost income from time out of work spent caring for your elderly loved one
  • Pain and suffering damages

As with any personal injury case, it’s almost impossible to secure compensation without getting help from a lawyer. We will begin by investigating the case and gathering all the evidence. With our help your loved one can get the justice they deserve.

Need help? Contact us for a free consultation today.

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