Malnutrition

Malnutrition and dehydration in the nursing home environment can lead to bed sores and other serious injuries and even death. If you have a family member whom you believe has suffered the effects of malnutrition or dehydration due to negligence or abuse, Rockland County nursing home negligence lawyer Valerie J. Crown can explain your legal rights. She has guided people throughout Greater New York in pursuing compensation for their harm.

Our firm has decades of combined experience helping injured people and the families of those who have perished due to others’ negligence or reckless conduct, and we welcome the opportunity to serve your family during this difficult time. We take the time and effort to understand each client’s personal goals and needs. Valerie is always available directly through her cell phone at 845.598.8253. She firmly believes that the people whom she serves are not items on a list but individuals who deserve respect and compassion.

Nursing home negligence and elder abuse cases can involve either intentional harm or simple neglect. Many malnutrition/dehydration cases are based on a theory of negligence. In a negligence lawsuit, the plaintiff must prove four things, each by a preponderance of the evidence:

• The defendant owed a duty of care to the resident;
• The defendant breached the duty with some negligent action;
• This conduct resulted directly in harm to the resident; and
• The plaintiff was forced to incur damages as a consequence.

If a case of negligence can be made out against the nursing home, some of the damages that may be recoverable include reimbursement of medical expenses, compensation for pain and suffering, and, in particularly egregious cases, punitive damages. When a resident suffers a wrongful death due to nursing home negligence, his or her family may be able to file suit to recover damages as well. Determining the particular family members who may bring suit is an issue that is controlled by state law.

Common symptoms of malnutrition or dehydration include weight loss, problems with dental health, sudden memory problems, bed sores, and other skin wounds. Both malnutrition and dehydration can be life-threatening and, if not corrected in a timely manner, even fatal.

Nursing home neglect resulting in a patient’s malnutrition or dehydration can be caused by poor staff training, understaffing, faulty equipment, negligent hiring or retention of employees, and other similar issues. In order to fully develop and litigate a case, it may be necessary to retain the services of an expert witness who can review the resident’s medical records and other documentation to determine whether the nursing facility met the standard of care imposed upon it by the law. In some cases, medical malpractice may also be an issue. Such cases can be complex, since the plaintiff must establish the professional standard of care for the health care professional and prove that the standard was not met. This inquiry usually requires an expert witness who can explain how the defendant did not meet the appropriate standard of care that would be acceptable for a health care provider in the same specialty treating a patient with a similar condition.

If you suspect that your loved one has been the victim of nursing home negligence or mistreatment, you should contact an attorney as soon as possible. This is both to protect your loved one and others from future harm and also to ensure that legal filing deadlines, such as the statute of limitations, are met. Injury attorney Valerie J. Crown can represent residents of Rockland County as well as Westchester and Orange Counties, among other areas of Greater New York. Call us at 845.708.5900, call Valerie on her cell phone at 845.598.8253, or contact us online to schedule a free consultation. Se habla Espanol!