Who Can File a Lawsuit Against a Nursing Home in New York?

Who Can File a Lawsuit Against a Nursing Home in New York?

Nursing homes are established for the sole purpose of providing high-quality medical attention and care to the elderly who are unable to take care of themselves due to various reasons. However, there have been instances where emotional or physical neglect by the nursing home staff has hampered the health of the individual. If such a situation arises, the nursing home should be held liable for their negligence. Hire a nursing home abuse lawyer to help.

With more than 100,000 elderly patients residing in nursing homes in New York, it is important to understand the causes of neglect and how to proceed in cases of negligence. Largely, nursing home abuse can be categorized as physical, emotional, financial or sexual. Some of the common causes of nursing home abuse and negligence are:

  1. Falls: Elderly and those in need of special medical care and attention are more prone to falls and fractures as their mobility is often compromised due to age-related and other medical issues. Hence, it is the responsibility of the nursing home staff to provide adequate care.
  2. Medication errors: People in need of medical care are often unable to track or correctly take their medication, hence, the nursing home staff is responsible to ensure that the patient takes the right medicine on time. Failure to provide medication is a sign of negligence.
  3. Wrongful death: In extreme cases, medical negligence by the staff can also lead to the death of the nursing home resident. This is termed as wrongful death.
  4. Other abuse: In addition to medical negligence, the residents may also fall prey to physical, sexual, or mental abuse. The nursing home must be held liable.

If someone in a nursing home has faced negligence that has led to any type of injury or distress, they’re owed a compensation by the nursing home. It is recommended to hire A nursing home negligence lawyer to handle such situations of neglect and abuse.

Most often, the following types of cases are filed against a nursing home in case of neglect and abuse:

  1. Personal injury: The patient or their loved one often file a personal injury claim against the nursing home.
  2. Medical malpractice: The patient or the loved one may file a claim against the nursing staff / doctor for medical malpractice.
  3. Neglect: Neglect is a common legal claim related to nursing home negligence. If the staff failed to follow standard procedures, they may be sued for negligence.

Since it is often the elderly in need of medical care who is at the bitter end of abuse and neglect, they may not be in the best physical or mental state to file for compensation. It often falls in the hands of the next of kin, such as spouse, children, etc. to proceed and ensure that their loved one receives due compensation for the distress caused due to the negligence.

It is best to work with a nursing home abuse lawyer to ensure that you’re compensated beyond the medical costs incurred. They will file a holistic claim which to cover the physical, mental and emotional trauma caused.

If you or someone you know has been abused or neglected in a nursing home and needs a nursing home negligence lawyer, contact us today. Reach out to Siler & Ingber by either calling us on 1-877-529-4343 or completing our online form on this page to schedule a free consultation and case evaluation with one of our experienced nursing home abuse lawyers.

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