Trials in Nursing Home Negligence Cases

People throughout Rockland County entrust nursing homes to look after their loved ones, with the expectation that they will provide thorough care and maintain a safe environment. Tragically, the care offered in nursing homes often falls short of expectations and ultimately causes residents to suffer grave harm. People injured by nursing home negligence have the right to pursue damages for their losses via civil lawsuits, and while many cases settle, some can only be resolved via trials. As such, it is critical for anyone contemplating pursuing such claims to understand what injured parties must demonstrate in trials in nursing home negligence cases to prevail. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a skillful Rockland County nursing home negligence attorney, and if you or a loved one were injured by negligence in a nursing home, she can inform you of your rights and help you to seek the best legal result available. Ms. Crown routinely represents parties in nursing home negligence claims in Rockland, Orange, Dutchess, Ulster, and Westchester Counties, as well as in the greater metropolitan area.

To succeed in a trial in a nursing home negligence case, a plaintiff must establish the defendant’s fault. Under New York law, to demonstrate negligence, a plaintiff first has to show the duty of care owed to the plaintiff by the defendant. In other words, a plaintiff in a nursing home negligence case must show that the nursing home was required to provide services that met the resident’s daily living and healthcare needs and employed adequate safety measures. Generally, a plaintiff will introduce state and federal regulations that outline requirements for nursing home facilities and expert testimony to establish the standard of care imposed on the defendant.

Next, the plaintiff must prove that the nursing home was negligent, which involves showing that the facility failed to comply with applicable standards of care, statutes, or regulations. Common examples of neglect or abuse include inadequate staffing, failure to provide proper medical care, neglect of basic needs, and lack of supervision, leading bed sores, falls or other injuries. If there is a Public Health Law statutory violation, then that is negligence per se. Under certain circumstances, the nursing home has the burden of proving it took all reasonable measures to prevent an injury.

Finally, the plaintiff must prove causation, meaning they must link the nursing home's breach of duty directly to the injuries sustained. In other words, the plaintiff must prove the facility’s negligence was a substantial factor in causing the injury, and in some cases, death of the resident. Medical expert testimony is crucial in establishing causation, as experts can explain how the breach directly resulted in the resident’s injuries.

Once liability is established, the plaintiff must demonstrate the extent of the damages suffered due to the nursing home's negligence. Damages awarded in nursing home negligence cases may be economic, non-economic, and, in some cases, punitive.

Economic damages include tangible losses such as reimbursement of daily nursing home care, medical expenses for additional treatment required due to the defendant’s negligence, costs of future medical care, and out-of-pocket costs. These damages are typically quantified using medical bills, invoices, and financial records.

Non-economic damages refer to intangible losses that do not have a specific monetary value but significantly impact the resident’s quality of life. These include pain and suffering, emotional distress, loss of enjoyment of life, and, in severe cases, wrongful death. To demonstrate non-economic damages, plaintiffs often rely on testimony of the resident, family members, and caregivers, who can attest to the physical and emotional impact of the defendant’s negligence.

In some instances, punitive damages may be awarded to punish particularly egregious behavior and deter similar conduct in the future if the conduct is deemed willful, malicious, grossly negligent, or a reckless disregard of the resident's rights and safety.

Nursing homes bear a responsibility to provide their residents with competent care, and if they breach that duty, causing their residents harm, they may be found liable for damages via trials. If you or a loved one suffered injuries due to the carelessness of a nursing home’s staff and you have questions about trials in nursing home negligence cases, it is in your best interest to speak with 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, and if you engage her services, she will aggressively pursue any damages you may be owed. 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 Ulster Counties and in the greater metropolitan area. You can contact Valerie by using the online form or by calling 845-708-5900 (office number) or 845-598-8253 (Valerie’s direct cellphone 24/7).