Negligent Supervision of Nursing Home Staff

In addition to the general standard of care, state and federal laws have requirements for nursing home facilities that protect against the mistreatment or abuse of residents. Elder abuse can include intentional physical or emotional acts, as well as negligence. Intentional physical acts could include kicking, hitting, slapping, or pinching. Intentional emotional acts could include threats, isolation, insults, or denials of food and other necessities as a means of exerting control. Negligence could include failing to move a resident frequently enough to avoid bedsores or failing to acquire medical help in a timely fashion. When a nursing home fails to adequately supervise its staff to ensure that these types of acts do not occur, the nursing home may be held liable for negligent supervision of nursing home staff. Rockland County nursing home negligence lawyer Valerie J. Crown can advocate for victims and their families throughout Greater New York. She makes herself available to clients 24/7, and she gains personal satisfaction from helping them hold accountable those who have harmed them.

New York's Public Health Law governs patients' right to sue residential health care facilities, such as nursing homes, when they are deprived of rights or benefits that are established by their nursing home contract or a regulation, statute, code, or rule. Injuries under this law can include physical injuries and wrongful death, as well as financial losses.

Patients have numerous rights under Public Health Law section 2803-c(3), including civil rights and the right to receive appropriate medical treatment, as well as the right to refuse medication. Additionally, under regulation 415.3, New York residents are entitled to recognition of their individuality, privacy, respect, and a dignified existence, among other things. Nursing homes are supposed to protect and promote those rights, and they must advise all staff members of their responsibility to protect, promote, and understand residents' rights. A violation of a particular enumerated right is not, however, a prerequisite to bringing a claim. You can bring a claim under common law or the statute. A nursing home that deprives a resident of any right or benefit can be liable to them for injuries arising out of the deprivation of the right.

A nursing home has an obligation to supervise its staff members to make sure that they act in accordance with the law and avoid injuries to residents. The negligent supervision of nursing home staff can result in a deprivation of rights and injuries. A nursing home resident or their family member may be able to sue the nursing home for negligent supervision.

First, the nursing home must have accepted the responsibility of taking care of the resident. Generally, this is established by putting forward the nursing home contract. The nursing home staff acts on behalf of the nursing home, and the nursing home has a duty to make sure that its employees act in accordance with legal requirements.

Second, you will need to show that the nursing home failed to properly supervise the staff members whom it hired. Often, nursing homes are understaffed so that existing staff members must take on more than they can handle. This often results in negligent actions and frustration by staff members. Nursing homes are supposed to make sure that there is adequate staffing to address the needs of the residents and that there are procedures in place to respond to the particular risks that each resident faces.

Nursing home residents in Greater New York may need increased supervision from staff members because they have dementia or other conditions that make them more susceptible to various risks. For example, when a nursing home resident is not moved frequently, they can develop bedsores, so nursing home staff are supposed to move the resident. The nursing home should make sure that staff members move the resident frequently enough. The obligation to supervise staff toward this end might include putting in place particular policies and procedures to ensure that each resident is moved sufficiently.

Your attorney must also prove that the injuries arose from the nursing home's failure to supervise and that the injury was foreseeable. For example, if a resident with dementia wandered and fell down the stairs, it would be necessary to show that the resident wandered because there was not enough attention by staff and that this was the fault of the nursing home's lack of supervision. All nursing home staff members are supposed to assess their residents for the risk of wandering and put procedures in place for staff to address this risk.

You may be able to recover damages from a nursing home for the negligent supervision of nursing home staff if you or a loved one was injured or died as a result of the negligence. If you need legal representation for a nursing home negligence lawsuit, call the law firm of Valerie J. Crown, Attorney at Law, P.C. Our firm can provide the personalized attention that you would not receive from a large firm. You can call our office at 845.708.5900 or call Valerie’s cell phone at 845.598.8253. We represent people throughout Rockland, Westchester, Dutchess, Ulster, and Orange Counties as well as New York City.