Types of Nursing Home Abuse & Neglect

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    Contact a Long Island Attorney for Guidance with a Nursing Home Negligence Claim

    At Duffy & Duffy, we have decades of experience fighting to protect the legal rights and personal safety of New York nursing home residents. We understand the law as it applies to these cases, and we know how to build persuasive cases for the people whom we represent.

    If you or a loved one has been hurt at a licensed care facility on Long Island or beyond, you should not hesitate to contact the nursing home negligence lawyers at Duffy & Duffy. We proudly serve clients in Nassau, Suffolk, and King Counties as well as the Bronx and Queens. Contact us online or call us at (516) 394-4200 to set up a free consultation.

     

    Featured on the Long Island Pulse

    2015 Verdicts and Settlements

    DUFFY & DUFFY SECURE SIX MILLION DOLLAR SETTLEMENT

    For a Child Injured by a failure to Diagnose and Treat Meningitis

    One of the very toughest cases to prove at trial is a failure to diagnose meningitis in a very young baby as the baby gives off only vague symptoms which physicians frequently ignore. These children are victims of modern medicine which premits children to suffer avoidable injuries in order to save the cost of diagnostic tests on vague symptoms causing frequently horrific injury. Duffy& Duffy recently successfully overcame these obstacles in a case involving failure to diagnose meningitis in a young child with so-called soft signs- setting the case for Six Million Dollars ($6,000,000.00).

    Prior results do not guarantee a similar outcome and Imagery used on this website utilizes fictionalized events or scenes with participation of models.

    Nursing Home Abuse & Negligence Lawyers

    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 Abuse 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, 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.

    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.

    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.