Table of Contents
- 0.1 Long Island Personal Injury Lawyers Skilled in Assisting Residents of Assisted-Living Facilities
- 1 Let our skilled injury lawyers help.
- 2 Pressing a Nursing Home Negligence Lawsuit Against a Negligent Nursing Home
- 3 Frequently Asked Questions
- 3.1 How do you report a personal care facility for violations?
- 3.2 Can I find out which nursing homes have violations against them near me?
- 3.3 What are the statues of limitations in a nursing home abuse case?
- 3.4 Can you sue a nursing home for neglect after your parent has passed?
- 3.5 Who can sue for elder abuse?
- 3.6 Avoid Forfeiting Your Right to Compensation
- 3.7 How Can We Help?
- 3.8 Contact a Long Island Lawyer to Discuss Your Injury Claim
Long Island Personal Injury Lawyers Skilled in Assisting Residents of Assisted-Living Facilities
Nursing homes are thoroughly regulated by New York laws. These rules help provide a standard of care to which every facility and its employees must adhere. However, it is not uncommon for wrongful or careless actions to occur there, and some of these events can cause serious harm or even a tragic death. The nursing home negligence attorneys at Duffy & Duffy are experienced in representing injured individuals in Long Island and the surrounding regions. Our legal team serves residents of the New York metropolitan area, including Queens and the Bronx as well as Suffolk, Nassau, and Kings Counties.
Pressing a Nursing Home Negligence Lawsuit Against a Negligent Nursing Home
In most cases based on harm or physical abuse that occurs in a nursing home, a claimant will try to show that the facility and its employees acted negligently. This means establishing that they had a duty of care but breached that obligation with some specific action. It is also necessary to show that injuries were directly caused by the inadequate care and that the resident suffered actual damages because of them. Since nursing homes are a regulated industry, the appropriate standard of care is often directly set forth in New York regulations. This may assist victims in showing that a certain type of conduct, such as failing to properly monitor a resident for bed sores or providing improper medication, fell short of what would be expected in the circumstances. Compensation may be available if the injured person can prove that he or she would not have been hurt if the nursing home or its employees had used the appropriate care.
New York Health Laws Relating to Nursing Home Neglect
In addition, public health laws enacted in New York provide patients with an additional avenue of potential legal relief. A claim brought under these rules requires proof that a facility deprived a resident of a legally created right or benefit. Therefore, even if a standard negligence claim against a nursing home may not be successful, it could still be possible to proceed under the public health laws.
Moreover, since nursing homes often provide professional treatment to residents, a claim against a facility can also fall into the area of medical malpractice. Although the elements are generally similar to those of ordinary personal injury lawsuits, these cases can become complex because the standard of care is specific to their context and usually requires expert testimony to delineate. It is probably wise to consult a qualified attorney who can retain a knowledgeable witness before taking action.
Frequently Asked Questions
Complaints against nursing homes in New York can be filed with the New York Department of Health. You may also wish to explore private legal action, in addition to reporting the facility to government authorities. Source
The New York Department of Health maintains profiles on all registered nursing homes within the state, which you can look up here. This includes any information on reported violations or pending actions against the facilities in question. Source
There are several potential statutes of limitation that may effect your ability to bring a lawsuit with some being as short as 90 days. It is important that you speak to an attorney familiar with these types of cases as soon as possible.
Yes, you can bring a wrongful death suit against a nursing home if they died as a result of the nursing home’s negligence. However, the lawsuit must be brought by the executor of the person’s estate.
In the event that the victim of elder abuse cannot sue on their own behalf, anyone who has been granted the victim’s power of attorney, or who has been appointed as their legal guardian, can sue on their behalf. In the event that the victim is deceased, it will fall to the executor of the victim’s estate to sue on their behalf.
Avoid Forfeiting Your Right to Compensation
State laws impose time limitations on filing civil actions. Generally, personal injury claims must be brought within three years from the date that the harm occurred, or they will be dismissed. Medical malpractice lawsuits have a shorter time window of two and a half years. On the other hand, claims brought under nursing home public laws have a three-year limitations period. Thus, the time limit on filing suit may vary depending on the circumstances of your particular case and the legal grounds for relief that you choose.
In some situations, the statute of limitations may be suspended. This includes when there has been continuous medical care for a period of time, and an injury occurred at some point in its course. However, it is not advisable to assume that an exception to these rules applies in your case until you have sought legal counsel on the subject.
How Can We Help?
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Contact a Long Island Lawyer to Discuss Your Injury Claim
Do not hesitate to take action if you or someone you know has experienced nursing home neglect or abuse in or around the Long Island area. The nursing home abuse attorneys at Duffy & Duffy will work diligently to hold these facilities and those who work for them accountable for any inappropriate conduct. Our team will speak with you about your experiences and guide you through the next steps, which may include bringing a claim for damages. Contact us online or call (516) 394-4200 to arrange an initial consultation at no cost.
