Nursing home residents frequently suffer from cognitive issues and physical impairments that make it difficult to perform simple activities on their own. As such, seemingly simple acts like getting dressed, bathing, and taking walks can lead to significant harm. Nursing homes have a duty to provide their residents with secure environments, which includes providing sufficient monitoring and assistance. Inadequate supervision is among the leading causes of injuries in nursing homes, though, and most harm suffered by nursing home residents, who are left unattended, is preventable. If your loved one sustained losses due to the inattentiveness of nursing home staff, you could be owed damages, and you should speak to an attorney regarding your potential claims. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C. is a seasoned Rockland County nursing home negligence lawyer who can advise you of your rights and help you to pursue a just outcome. Ms. Crown frequently represents people in nursing home negligence cases in Rockland County, and in Westchester, Dutchess, Ulster, and Orange Counties as well as New York City.
Injuries Caused by Inadequate SupervisionMany people, living in nursing homes, lack the ability to do things independently due to conditions or illnesses that cause physical and cognitive impairments. For example, they may have dementia that diminishes their ability to perceive space or time or a condition that affects their balance or gait and makes them more likely to fall. Similarly, they may be unable to get in and out of bed, bathe, or walk without supervision or assistance. They may suffer from ailments that make it difficult for them to chew or swallow as well. As such, nursing homes need to take measures to prevent residents with diminished cognitive or physical capacities from suffering harm which includes, in part, making sure they have an adequate number of staff members to properly supervise their residents.
Residents, who are permitted to perform certain tasks while unattended, often suffer falls, leading to fractures, hemorrhages, and traumatic brain injuries. In some instances residents, who are not supervised while eating or drinking, may aspirate or choke, which can lead to pneumonia, asphyxiation, and death.
Pursuing Damages for Nursing Home NegligenceNursing homes must comply with state and federal regulations pertaining to long care facilities, which, in part, requires them to employ a sufficient number of staff members who possess the appropriate training needed to provide their residents with adequate supervision. When a nursing home resident suffers harm due to inadequate supervision, the resident’s loved ones or the resident may be owed compensation from the nursing home. Typically, a plaintiff, seeking damages for the harm suffered in a nursing home, will file a civil lawsuit alleging a negligence claim against the nursing home.
In New York a plaintiff, asserting a defendant should be held liable under a theory of negligence, must show that the defendant owed the plaintiff a duty, and the defendant’s actions or failure to act constitute a breach of the duty. In nursing home negligence cases, the duty owed is generally to provide adequate care and treatment to residents, and a nursing home’s lack of sufficient supervision would likely constitute a breach of that duty. The plaintiff must then establish that the breach proximately caused the plaintiff to suffer actual damages. In other words, the plaintiff has to prove that the harm, suffered by the resident, would not have occurred had the nursing home provided adequate supervision.
Meet With an Experienced Rockland County AttorneyPeople expect nursing homes to provide their loved ones with attentive care, which includes providing sufficient guidance and care, and if they fail to, they should be held accountable for any harm that ensues. If your loved one suffered injuries while living in a nursing home, you should meet with an attorney to discuss your rights. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C. is an experienced Rockland County attorney with the skills and experience needed to hold nursing homes accountable for the harm they carelessly cause, and if you hire her, she will fight to help you seek a favorable result. Ms. Crown has an office in New York, and she regularly represents people in nursing home negligence cases arising out of inadequate supervision in Rockland County and in Westchester, Dutchess, Ulster, and Orange Counties as well as New York City. You can reach Valerie through the form online or by calling 845.708.5900 to set up a meeting or on her cellphone (845.598.8253).