People living in nursing homes often suffer significant health issues when they develop seemingly minor ailments. For example, while urinary tract infections are generally not critical in most individuals, they can cause serious health issues in nursing home residents. As such, if nursing homes neglect to adequately prevent and treat urinary tract infections and their residents sustain serious injuries as a result, they may be deemed liable. If you or your loved one suffered harm due to a urinary tract infection contracted in a nursing home, you should speak to an attorney regarding what claims you may be able to pursue. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C. is a dedicated Rockland County nursing home negligence lawyer who takes pride in helping people, harmed by the carelessness of nursing homes, fight to protect their interests, and if you hire her, she will advocate vigorously on your behalf. Ms. Crown regularly represents people in nursing home negligence cases in Rockland, Westchester, Dutchess, Ulster, and Orange Counties as well as in New York City.
Injuries Caused by Urinary Tract InfectionsUrinary tract infections occur when bacteria or other microorganisms enter the urinary system. Older individuals have a higher risk of developing urinary tract infections due to conditions like bladder prolapse, incontinence, dementia, weakened immune systems, and enlarged prostates. The use of catheters can increase the likelihood of contracting a urinary tract infection as well. Urinary tract infections can generally be prevented through proper hygiene, however. As such, it is essential for nursing homes to bathe residents regularly and if they use catheters, ensure they are cleaned and changed often. If they fail to do this, residents can develop urinary tract infections. When infections are diagnosed at an early stage, they are usually treatable, but if the nursing home fails to observe the symptoms of an infection and diagnosis and treatment are delayed, the infection can spread to the kidneys and may lead to sepsis, shock, and in some instances may be fatal.
Pursuing Damages for Nursing Home NegligenceThe standard of care New York nursing homes must comply with is defined by state and federal regulations. These regulations dictate, among other things, that nursing homes must provide their residents with a comfortable and safe environment and must develop a care plan for every resident to ensure their needs are adequately met. When nursing homes fail to maintain the standard of care, imposed by the regulations, their residents often suffer. Fortunately, the law allows injured residents or their loved ones to pursue damages from the nursing home.
Typically, parties who suffer damages, due to the carelessness of nursing home staff, will assert negligence claims against the nursing home in a civil lawsuit. New York law requires a plaintiff, alleging negligence, to prove the defendant owed the plaintiff a duty of care. In nursing home negligence cases the duty, imposed on the defendant, typically arises out of the obligations set forth in state and federal regulations. The plaintiff must show that the defendant’s actions or failure to act are considered a departure from the duty. For example, if a nursing home failed to change a resident’s catheter regularly, it may constitute a breach of the standard of care. Lastly, the plaintiff has to link the defendant’s breach of the duty owed to the harm suffered. In other words, they must prove that the losses caused by the urinary tract infection would not have occurred if the defendant had complied with their obligations.
Typically, people serving on a jury do not have independent knowledge regarding the standard of care imposed on nursing homes. Thus, a plaintiff, alleging a negligence claim against a nursing home, will most likely have to retain an expert to explain the duties created by the standard of care and to link the defendant’s behavior to the plaintiff’s harm.
Meet with a Skillful Rockland County LawyerNursing homes have a duty to protect the health of their patients, which includes preventing and treating urinary tract infections, and if they neglect their duties, they should be held responsible for any losses suffered. If your loved one sustained injuries due to a urinary tract infection contracted in a nursing home, it is in your best interest to 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 skillful Rockland County lawyer who can assist you in pursuing the full amount of damages recoverable under the law. Ms. Crown’s office is in New York, and she frequently represents people in nursing home negligence cases in Rockland, Westchester, Dutchess, Ulster, and Orange Counties as well as in New York City. You can contact Ms. Crown by calling 845.708.5900 or by using the form online to set up a consultation.