Rockland County Attorney Helping People Hurt by Nursing Home Negligence Seek Justice

Many people living in nursing homes cannot walk on their own and require help from nursing home staff and assistive devices to move from one place to another. Wheelchairs, Hoyer lifts, and other tools aim to ensure that nursing home residents can move about safely, but when they are used improperly, it can lead to falls that cause critical injuries. Many non-ambulatory falls in nursing homes are the direct result of careless oversights and errors, and nursing homes that allow such falls to occur should be held accountable for any harm that ensues. If you or your loved one suffered an injury due to a non-ambulatory fall in a nursing home, it is in your best interest to talk to an attorney about your possible claims. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a skilled Rockland County nursing home negligence lawyer with ample experience helping people harmed in avoidable accidents in the pursuit of damages, and if you engage her services, she will advocate zealously on your behalf. Ms. Crown has regularly represented parties in nursing home negligence cases in Rockland, Westchester, Orange, Dutchess, and Putnam Counties as well as in the greater metropolitan area.

Non-ambulatory falls in nursing homes can occur due to a variety of factors, often involving the improper use of assistive devices such as wheelchairs, Hoyer lifts, and other mobility aids. Wheelchairs, for instance, can pose risks if they are not properly locked or secured. Residents may attempt to transfer themselves without assistance, leading to a fall. Additionally, if wheelchairs are not appropriately sized or maintained, residents using them may slip or tip over, especially if they are attempting to navigate uneven surfaces or obstacles within the facility.

Hoyer lifts, designed to safely transfer individuals from one surface to another, can also lead to falls if they are operated incorrectly. For example, improper positioning of slings or the failure to secure them adequately can result in residents slipping out or falling during the transfer process. Other assistive devices, such as walkers or canes, may also cause falls if they are the incorrect size or if residents attempt to use them beyond their capabilities.

Injuries, resulting from non-ambulatory falls in nursing homes, can cause fractures of the hip, pelvis, and spine, which are particularly common and can significantly impact a resident's mobility and quality of life. Such falls often cause head injuries, including concussions or intracranial hemorrhages as well.

Nursing homes are bound by state and federal regulations that dictate the standard of care and environment they must provide for their residents. Nursing homes that fail to abide by the regulations, thereby causing their residents to suffer harm, may be deemed negligent and owe the resident or their family compensation.

In New York a plaintiff, seeking to prove a nursing home was negligent, must first demonstrate that the defendant owed them a duty. In most cases, the duty a nursing home owes a resident is to comply with the applicable standard of care as indicated by the state and federal regulations. The plaintiff then must prove that the defendant breached the duty owed. Last, the plaintiff has to establish that the defendant’s breach substantially caused the plaintiff to suffer significant harm. In other words, that the plaintiff would not have been injured had the defendant upheld the duty owed.

It is not uncommon for a defendant in a nursing home negligence case to assert that the plaintiff’s losses were either inevitable or were caused by something other than their negligence. As such, a plaintiff in a nursing home negligence case will typically have to retain an expert to explain the applicable standard of care to the judge or jury and the manner in which the defendant deviated from the standard, causing the plaintiff’s harm.

Wheelchairs, Hoyer lifts, and other assistive devices greatly improve the quality of many nursing home residents’ lives, but they must be used carefully, and if they are not, it can lead to non-ambulatory falls in nursing homes. If you or someone you loved sustained losses due to the carelessness of a nursing home, you have the right to seek compensation, and you should speak to an attorney. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a trusted Rockland County nursing home negligence lawyer who is mindful of the devastation careless accidents can cause, and if you engage her services, she will work tirelessly to help you seek a just outcome. Ms. Crown has an office in New York, and she often represents people seeking damages in nursing home negligence cases in Rockland, Westchester, Orange, Dutchess, and Putnam Counties and in 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).