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].