Nursing home liability in injury and neglect cases can be challenging to determine. It is important for family members and nursing home residents to be educated on the laws and regulations related to the resident’s treatment and care while in a nursing home facility.
When a nursing home admits a resident, they accept a certain level of responsibility called a “duty of care.” Providing residents with a level of reasonable care is first ensuring that the facility is a safe environment. If a nursing home resident acts in a negligent or careless manner when performing an expected duty or if they fail to perform a duty and a resident is injured or dies, the nursing home may be held liable. If there is evidence suggesting that the nursing home failed to meet the expected standard of care, a claim against the nursing home can be made.
An example of abuse or neglect might be when a nursing home resident falls and injures him/herself. If the circumstances surrounding the fall are that the resident was left unattended and they were in an area with environmental hazards or without physical supports such as handrails to hold onto, the nursing home may be liable. However, the burden of proof falls on the family members. There must be sufficient evidence to prove that the facility did not maintain the resident’s safety and as a result, the resident was injured or died. Evidence for this might be medical reports, expert witnesses and other documents which are gathered and presented during the legal process. Getting the help of an experienced, knowledgeable and skilled attorney if you suspect that a nursing home facility is liable for your loved one’s injury or death is the wisest course of action. The nursing home abuse attorneys at Jacoby & Meyers, LLP NY have been helping victims of nursing home abuse and neglect for decades. They will help you navigate the federal and state regulations governing this area of the law and assist you with receiving financial compensation for your loved one’s injuries.
Call the lawyers at Jacoby & Meyers, LLP NY at 877-504-5562 or email [email protected] as soon as possible. We provide our clients with unsurpassed legal representation and we will work vigorously to assist you in receiving the best possible compensation. We offer free answers to your questions, free home or hospital visits and free 100% secure online access to your case file. We will not charge a legal fee until and unless we are successful in winning compensation for your claim.