Filing a lawsuit against a New York nursing home

| Feb 12, 2021 | Firm News |

A personal injury or wrongful death action filed against a nursing home generally requires showing the facility’s negligence caused preventable harm. A Department of Health citation may serve as evidence that the care center’s management knew its employees provided substandard care. 

When, after receiving a warning, management fails to properly supervise its staff and continues to operate carelessly, the facility may face liability for its negligence. Showing that a nursing home breached a duty of care could provide cause for a legal action requesting damages. 

A family or an estate may claim negligence

A family representative or a deceased’s estate may allege that careless actions resulted in harm or a preventable death. As reported by WABC-TV Eyewitness News, a wrongful death action filed by a family member seeks to hold a Long Island nursing home liable for gross negligence. The suit claims the facility failed to safeguard its residents against a foreseeable illness. 

Regularly visiting a loved one at a care facility may provide clues regarding how its employees treat patients. Signs of physical neglect and discussions regarding a resident’s daily treatment may help demonstrate the type of care a loved one receives. 

A facility may assert contributory negligence as a defense

As noted by the NY State Senate website, a defendant may respond to a personal injury or wrongful death action by claiming contributory negligence. A facility could attempt to show that a resident contributed to his or her own harm. Medical records, for example, may appear to indicate that a patient refused to take medications or resisted treatment. 

A plaintiff may counter a contributory negligence defense with evidence that a facility did not fulfill its duty of care. Citations lodged against a nursing home or onsite observations made during visits may provide a jury with ample proof.