Nursing home residents rely on facility staff for comprehensive care, including the management of their pain. Unfortunately, many nursing homes fail to meet this essential obligation, and inadequate pain management is a pervasive issue in nursing homes. Such errors are often the result of negligence, poor training, or understaffing. Regardless of the cause, when nursing home staff fail to properly assess, treat, or respond to a resident’s pain, it can have devastating physical and emotional consequences. If you or someone you love were subjected to inadequate pain management in a nursing home, you may have grounds for pursuing a negligence claim, and you should talk to an attorney. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a skillful Rockland County nursing home negligence lawyer committed to holding facilities accountable for their failures, and if you hire her, she will fight to help you seek the results you deserve. Ms. Crown represents clients in Rockland, Orange, Westchester, Dutchess, and Ulster Counties, as well as throughout the greater metropolitan area.
The Consequences of Inadequate Pain ManagementInadequate pain management occurs when nursing home staff fail to take proper measures to alleviate residents’ pain, either by neglecting to provide appropriate medication, failing to monitor residents for pain, or ignoring their complaints. Pain management requires consistent assessment, accurate diagnoses, and timely treatment. Residents, suffering from chronic conditions, injuries, or post-surgical pain, often rely on nursing homes to administer necessary care. When this care falls short, residents endure unnecessary suffering.
Failure to manage pain can lead to significant harm. Physically untreated or under-treated pain may exacerbate existing medical conditions, cause sleep disturbances and result in loss of mobility or muscle deterioration. Residents may also experience infections or complications related to bedsores or fractures, which are worsened by unrelieved pain. Emotionally, the suffering caused by inadequate pain management can lead to severe depression, anxiety, and a decreased will to live.
Elements of Lawsuits Arising Out of Inadequate Pain ManagementNursing home residents are among the most vulnerable members of society, and when their pain is ignored, it violates their dignity and basic rights and harms their health and well-being. In many instances, inadequate pain management also constitutes grounds for pursuing a nursing home negligence claim.
New York law requires that a plaintiff, pursuing a negligence claim against a nursing home, show that the defendant owed them a duty of care, breached the duty owed, and the plaintiff directly suffered harm as a result of the breach.
With regard to the duty element of negligence, nursing homes are legally obligated to provide a standard of care that ensures residents receive appropriate treatment, including proper pain management. This duty arises from state and federal laws that govern nursing home operations, requiring facilities to monitor residents’ health, assess their needs, and provide care that meets professional medical standards.
When a nursing home neglects to manage a resident’s pain, it likely constitutes a breach of the duty of care. For example, staff may fail to recognize or assess a resident’s pain, dismiss complaints without taking action, or administer incorrect medications or dosages. In many cases, understaffing contributes to these failures, as overburdened workers may overlook residents’ needs. Poor training or communication, among staff members, can also lead to gaps in care, leaving residents to suffer unnecessarily.
Proving causation, in cases involving inadequate pain management, might involve demonstrating that a resident’s suffering or health complications were avoidable had proper care been provided. Expert medical testimony often plays a critical role in these claims, explaining how the nursing home failed to meet its obligations and how this failure harmed the resident.
Victims and their families can often recover compensation for physical pain, emotional suffering, medical expenses, and other damages caused by the nursing home’s negligence.
Speak to a Knowledgeable Rockland County Nursing Home Negligence LawyerResidents of nursing homes deserve compassionate and competent care, especially when it comes to managing their pain. Sadly, inadequate pain management remains a significant problem in nursing facilities, leading to unnecessary suffering for residents and their loved ones. If you believe that a nursing home failed to properly address your or your loved one’s pain, you should not hesitate to speak to an attorney about your potential claims. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a knowledgeable Rockland County nursing home negligence attorney who understands the devastating impact of poor pain management, and if she represents you, she will advocate zealously on your behalf. Ms. Crown has an office in New York, and she represents clients in Rockland, Westchester, Orange, Dutchess, and Ulster Counties, as well as throughout the greater metropolitan area. You can reach Valerie through the form online or by calling 845-708-5900 (office number) or 845-598-8253 (Valerie’s direct cellphone 24/7).