The Nursing Home’s Duty of Care in Queens, NY

When a new resident is admitted into a nursing home facility in Queens, NY, the nursing home accepts responsibility for that resident through a legal agreement that makes the nursing home responsible for providing a reasonable level of care. This is called the “duty of care” which protects the resident and provides him or her with the appropriate environment and treatment. If a nursing home fails to provide this reasonable level of care, it can be held liable for any injuries, abuse or neglect that happens to the resident while they are living in the facility.

The definition of “duty of care” is vital to understanding the nursing home facility’s liability in a lawsuit claiming abuse or neglect. To be held liable for a resident’s injuries, the staff, management or administration must have violated their expected duty of care. If the staff behaves in a negligent manner when performing an expected duty or fails to perform that duty altogether, and this results in injuries to a resident, the nursing home may be held liable. To prove liability, there must be evidence that the staff did not meet their duty of care to the resident and the resident suffered as a result.

The exception to this may be a resident who becomes injured from falling on the way to the dining hall. If the resident was being properly monitored or supervised and was able to access handrails and other safety precautions which were easily available, it is possible that the nursing home would not be held liable. However, if the resident was unattended, or slipped and fell because the floor was wet and slippery, the nursing home may be held liable.

When attempting to prove liability in a lawsuit, the burden of proof is on the family or resident who is suing. It is important to have sufficient evidence proving that the nursing home failed to maintain the resident’s safety and the result was the resident’s injury or death. The best evidence will be medical documentation and reports as well as photographs of the injury and the area where the injury happened. In some cases, attorneys will call upon an expert witness that can testify that the nursing home violated their duty of care and should be held liable for the plaintiff’s injuries.

If you suspect that your loved one has been abused in a nursing home in Queens or has become injured due to the nursing home’s violation of the duty of care, call the caring and experienced attorneys at Jacoby & Meyers, LLP NY. They have been helping victims of abuse and their families in New York receive the justice and compensation they deserve for decades and they will help you too. Call Jacoby & Meyers, LLP NY at 877-504-5562 or email [email protected].

Dear friends and clients,

In furtherance of our firms culture of commitment to always act with compassion, concern and commitment to our clients, community and colleagues, we have been taking precautions to ensure that we are still fulfilling our ethical and moral obligations while prioritizing health, wellness and safety of all we can. 

As you know, the COVID-19 pandemic has introduced changes to many lives and businesses in our communities, and around the world. We, much like our neighbors and friends, have been taking precautions to ensure that we are still fulfilling our ethical and moral obligation to our clients, while also prioritizing the health, wellness and safety of our employees.

Until further notice, our offices will be closed to the public to encourage social distancing and to help prevent the spread of COVID-19. Our team is still hard at work, many from home, and you may still call, email, live chat or video conference us if you or a loved one is seeking legal assistance. As the first law firm to offer our clients secure online access to their case file more than a decade ago, we have always been believers in using technology to make life easier and information more accessible. In these present times it has been a smooth transition for us to continue to offer our clients the same seamless and thorough service that you deserve and are accustomed to.

This pandemic is unlike anything any of us have faced in our lifetimes, and while we can continue to emotionally support one another through it all, staying home and keeping your distance is vital to the health and wellness of our communities. It does not feel good to break routines, cancel events and retreat from our normal, day-to-day socializing, but let us remember that, in times of strife, prior generations were asked to go to war and we are simply being asked to stay home. Your isolation equals more lives saved, and more time for medical providers to prepare for the treatment of patients battling COVID-19.

When the dust settles, we will join together with a greater appreciation for our lives, local businesses, loved ones and health. Until then, we will continue to offer guidance from a safe distance.

Very truly yours,

Andrew G. Finkelstein and the staff of Jacoby & Meyers, LLP