Typically, people residing in assisted living facilities do not require constant supervision or extensive care and can perform daily life activities with minimal intervention. While people in assisted living facilities enjoy a greater degree of independence than those in nursing homes, they are not immune to harm, unfortunately, and are sadly often the victims of negligence. Assisted living facilities, like nursing homes, have a duty to protect the health of their residents, and if they neglect to uphold this duty, they should be held accountable. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a skilled Rockland County nursing home negligence lawyer who can advise you of your rights and help you seek the best legal outcome available under the circumstances. Ms. Crown regularly represents people in nursing home negligence lawsuits in Rockland, Westchester, Dutchess, Orange, and Ulster Counties as well as in the greater metropolitan area.
Assisted Living InjuriesAssisted living facilities allow people with mental or physical health issues, that prevent them from being able to live alone, to receive care in a home-like, rather than clinical, setting. The staff of an assisted living facility will usually evaluate what living situation best meets a resident’s needs and what level of intervention and care they require.
Under state and federal law, assisted living facilities must provide their residents with a safe environment and ensure their nutritional, medical, and grooming needs are met. Generally, the harm suffered by people living in assisted living facilities is similar to the injuries sustained in nursing homes. For example, residents of assisted living facilities often sustain fractures or contusions from falls. They may also become dehydrated or malnourished if the facility fails to provide them with adequate hydration or nutrition. If their medications are not administered properly, they could experience a worsening of an acute or chronic condition or suffer a critical medical event.
Elements of a Lawsuit Arising Out of Assisted Living InjuriesState and federal regulations establish the standards imposed on assisted living facilities. Thus, if an assisted living facility departs from the duties that arise out of the regulations and causes a resident to suffer injuries, the facility may be deemed civilly liable.
Typically, a plaintiff, pursuing damages for harm suffered in an assisted living facility, will assert a negligence claim against the facility. Under New York law, establishing negligence requires a plaintiff to show that the defendant owed the plaintiff a duty. In negligence claims, involving assisted living facilities, the duty the defendant owes is usually to abide by the state and federal regulations and any other applicable standards. The plaintiff then has to demonstrate that the defendant violated the duty owed to the plaintiff and that the defendant’s breach caused the plaintiff to suffer actual harm. In other words, that the injuries the assisted living facility resident sustained would not have occurred if the defendant had upheld its obligations.
In most cases, a plaintiff, in an assisted living facility negligence case, will need to hire an expert to offer testimony regarding the standard of care that applies to assisted living facilities, to explain the manner in which the defendant violated the standard, and to link the defendant’s departure from the standard of care to the plaintiff’s ultimate harm.
Meet With a Capable Rockland County Lawyer to Discuss Your Potential ClaimsAssisted living facilities are expected to provide all of their residents with attentive and thorough care regardless of their level of independence, but sadly, some people living in such facilities suffer critical harm. If you or a loved one suffered injuries due to the negligence of assisted living facility employees, you could be owed damages, and you should meet with an attorney as soon as possible. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a capable Rockland County lawyer who is proficient at helping victims of assisted living negligence seek justice for their losses, and if you engage her services, she will advocate zealously on your behalf. Ms. Crown’s office is in New York, and she frequently represents injured parties in lawsuits in Rockland, Westchester, Dutchess, Orange, and Ulster Counties as well as in the greater metropolitan area. You can reach Ms. Crown through the online form or by calling 845.708.5900 (office number) or 845.598.8253 (Valerie’s direct cellphone 24/7) to set up a conference.