Nursing Home Negligence

The elderly population of New York is steadily increasing, and not everyone can provide care for their aging loved ones directly. They may need to entrust their care to nursing homes and assisted living facilities. Unfortunately, some nursing homes do not provide appropriate care. If you have placed a loved one in a nursing home, and you believe that they may have been harmed by negligence or abuse, you should explore the possibility of bringing a claim against the facility. Our White Plains nursing home negligence lawyers can help you hold a nursing home accountable.

There are several laws put in place to protect vulnerable elderly individuals. These are both federal and state laws. The federal Nursing Home Reform Act, for example, sets forth standards of care for nursing home residents and enumerates basic rights. There are also several New York State laws that apply to nursing homes. For example, under the Adult Protective Services chapter of the Social Services Law, protective services may be set forth for mentally or physically impaired adults who are at risk of abuse. Under this law, physical abuse involves a use of force that results in pain, bodily injury, or impairment. Sexual abuse under this law is non-consensual contact of any kind, including sexual contact or forced sex with a third party. Emotional abuse involves the willful infliction of emotional or mental anguish through abusive conduct, including intimidation or triggering fear. Active neglect involves a willful failure by a caregiver to fulfill an obligation to provide care. There is also passive neglect, which involves a non-willful failure by a caregiver to satisfy caretaking functions and responsibilities.

Residential nursing facilities are obliged to provide a professional standard of care at all times. A nursing home negligence attorney in White Plains can discuss what this standard requires. If a nursing home deviates from a professional standard of care, a risk of injuries may be created. Often, nursing homes are understaffed, and staff members may be undertrained, which also creates a risk of injuries.

Some signs of possible nursing home negligence include pressure sores, falls, bone fractures, unexplained bruises and contusions, personality changes, withdrawal, and depression. It is important to consult a seasoned attorney if your loved one begins to exhibit these symptoms during his or her residence in a nursing home.

If you or a loved one was physically or sexually assaulted by a staff member or a resident with a history of abusive conduct, you may be able to hold the nursing home responsible for its negligence in hiring, training, or supervising that individual. Nursing home negligence also includes a failure to keep the premises reasonably free from dangers, whether by stopping slip and fall accidents or by providing sanitary environments in common areas and residents’ rooms. A White Plains nursing home negligence attorney can hold a facility accountable for any of these oversights. To establish liability for injuries to your loved one or you, you will need to establish that the defendant owed you a certain standard of care, but the defendant breached the standard of care, and this caused your injuries.

In some situations, nursing home negligence may result in a resident’s untimely death. As the personal representative of the decedent, you may be able to pursue a wrongful death claim against the nursing home. Wrongful deaths are those that occur because of a defendant’s wrongful act, neglect, or default. A wrongful death claim may pursue damages owed to the deceased person’s estate, as well as damages suffered by the deceased person’s family members because of their loss.

If you or a loved one was harmed by nursing home negligence in New York, you should consult Stewart A. McMillan. We represent victims and families in New York City, Westchester County, and Southern Connecticut. Call us at 914.358.4326 or complete our online form for a free consultation with a nursing home negligence lawyer in White Plains.