Add your business to ZipLeaf for free!
 United States Business Directory
Liability In Nursing Home Injury Cases

By Jacoby & Meyers, LLP NY

Liability In Nursing Home Injury Cases

01/12/2018

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.
Read more...

About This Author

Jacoby & Meyers, LLP NY

Jacoby & Meyers, LLP NY

Jacoby & Meyers is America's largest full-service consumer law firm, founded in 1972 with the goal of making top-quality legal representation available to everyone. Up until that time, only the wealthy could afford lawyers, while the poorest were provided with legal aid. This left the majority o…

Read More »

More Articles From This Author

TAXICAB ACCIDENTS IN THE BRONX, NY

01/18/2018 The taxi has become the iconic method of transportation for New York. An aerial view of New York appears to be a sea of yellow due to the thousands of taxis on the streets. With so many taxis, accidents are not an uncommon occurrence. Most times they are minor, but some accidents result in serious i... Read More »

NURSING HOME SEXUAL ABUSE IN NEW YORK CITY

01/18/2018 Realizing that your loved one may have been abused sexually in their nursing homefacility in New York City can be devastating. Unfortunately, this type of abuse occurs with alarming frequency in nursing homes throughout the US. This type of abuse happens when caregivers take advantage of compromised... Read More »

Common Types of Truck Accident Injuries

Common Types of Truck Accident Injuries

01/10/2018 Truck accidents are far more likely to result in serious injuries or fatalities than an accident involving two regular vehicles. According to the National Institute of Traffic and Highway Safety almost three quarters of such injuries and deaths are suffered by those who are struck by a truck. In the... Read More »

HAVE YOU BEEN INVOLVED IN AN ACCIDENT?

12/26/2017 If you are injured in a car crash, you should try to gather as much information at the accident scene if possible. The more information you have, the more beneficial it will be for your claim, and the easier it will be to file a claim with your insurance company and increase your compensation. Read... Read More »

COMMON INJURIES IN A REAR-END COLLISION

COMMON INJURIES IN A REAR-END COLLISION

12/26/2017 Rear-End Collisions are common occurrences on our streets and highways. They seem to happen when we are least expecting them, and the injuries that accompany this type of auto accident can range from mild to catastrophic. The physical damages from these injuries may not become evident until a later... Read More »

ELDER ABUSE ATTORNEYS IN MANHATTAN

ELDER ABUSE ATTORNEYS IN MANHATTAN

12/26/2017 If you made the decision to transfer your family member to a long-term care facility, such as a nursing home, chances are that you tried to find out as much information as possible before your loved one was moved. Regardless of whether you spent a large amount of time researching the facility, or re... Read More »

NURSING HOME ABUSE IN WESTCHESTER COUNTY

NURSING HOME ABUSE IN WESTCHESTER COUNTY

12/26/2017 Physical abuse in nursing home environments is defined as the use of force against a person that results in physical pain, injury or impairment. Besides physical assault such as pushing, shoving and hitting, it also includes the inappropriate use of restraints and drugs, as well as confinement. Ther... Read More »

Previous Next Visiting Your Loved One in a Nursing Home

12/20/2017 Placing your loved one in a nursing home facility can be an emotionally challenging experience for the patient, the family and you. Your loved one’s life will demonstrably change in many ways and those changes can be frightening and confusing. While it is difficult to imagine your loved one being... Read More »

Previous Next Common Injuries Suffered in Crane Accidents

12/20/2017 The Occupational Safety and Health Administration (OSHA) estimates that at any given time in the United States, there are over 250,000 crane operators and 175,000 cranes in operation on construction sites and on loading docks. Cranes are intrinsically important pieces of industrial equipment but the... Read More »

DEMENTIA AND NURSING HOME ABUSE

DEMENTIA AND NURSING HOME ABUSE

12/20/2017 The World Health Organization (WHO) stated that Dementia is one of the most common causes of disability and dependence for older individuals. Dementia is defined as a syndrome which results in memory, thinking and behavioral deterioration. It can result in an individual being unable to perform the a... Read More »

THE DIFFERENCES BETWEEN NURSING HOME NEGLECT AND NURSING HOME ABUSE IN QUEENS

THE DIFFERENCES BETWEEN NURSING HOME NEGLECT AND NURSING HOME ABUSE IN QUEENS

12/20/2017 Nursing home neglect is the most frequently reported and common type of elder abuse in nursing homes. Although the result of abuse and neglect can be catastrophic, there are definitive differences between the two.Nursing home abuse is defined as an intentional act where the staff member intends to c... Read More »

WHAT TYPES OF COMPENSATION CAN I GET FOR A TRUCK ACCIDENT?

WHAT TYPES OF COMPENSATION CAN I GET FOR A TRUCK ACCIDENT?

11/09/2017 Victims of truck accidents who suffer injuries or whose loved one died because of such an accident may be entitled to compensation for their pain and suffering. Truck accidents can be caused by numerous factors, but most result from speeding and reckless driving by the truck driver.Although no price... Read More »

HAZARDS AT THE PENN STATION RENOVATION

HAZARDS AT THE PENN STATION RENOVATION

11/09/2017 Penn Station in New York City is the busiest railway station in North America, servicing over 600,000 commuter rail and Amtrak passengers a day. Recently Penn Station has begun major structural and cosmetic renovations, which can create hazards that cause personal injuries. Accidents involving heavy... Read More »

WHAT TYPES OF COMPENSATION CAN I GET FOR A TRUCK ACCIDENT?

WHAT TYPES OF COMPENSATION CAN I GET FOR A TRUCK ACCIDENT?

10/26/2017 Victims of truck accidents who suffer injuries or whose loved one died because of such an accident may be entitled to compensation for their pain and suffering. Truck accidents can be caused by numerous factors, but most result from speeding and reckless driving by the truck driver.Although no price... Read More »

Choosing the Best Nursing Home in Brooklyn

Choosing the Best Nursing Home in Brooklyn

10/23/2017 According to the Center for Medicare and Medicaid Services, there are 43 certified nursing homes in Brooklyn, New York. If you are tasked with the responsibility of finding the best nursing home in Brooklyn for a loved one’s care and treatment, there are some things to research before choosing the... Read More »

WHAT YOU NEED TO KNOW ABOUT LAVERN’S LAW

WHAT YOU NEED TO KNOW ABOUT LAVERN’S LAW

10/13/2017 Currently, victims of medical malpractice have a relatively small window of opportunity to pursue a medical malpractice case. Under New York State law, you have two and a half years to file a medical malpractice lawsuit after being injured or harmed. Advocates of Lavern’s Law are pushing legislatu... Read More »

REPORTING YOUR CAR ACCIDENT TO THE INSURANCE COMPANY

REPORTING YOUR CAR ACCIDENT TO THE INSURANCE COMPANY

10/12/2017 Knowing what to do if you are in a motor vehicle accident is an important component of learning how to drive, getting a driver’s license and having the appropriate insurance coverage. Chances are that at some point in your lifetime, you will be involved in an accident as a driver, passenger or ped... Read More »

BRAIN INJURY AWARENESS MONTH

BRAIN INJURY AWARENESS MONTH

10/12/2017 Please join us this month as we help to spread a very important message from the Brain Injury Association of America:“The Brain Injury Association of America (BIAA) leads the nation in observing Brain Injury Awareness Month by conducting an awareness campaign in March each year. The theme for the... Read More »

NURSING HOME ABUSE AND NEGLECT RISKS

10/11/2017 Although many nursing home facilities in the US provide safe and diligent care to nursing home residents, there are incidents of abuse and neglect reported every day. Nursing home abuse includes physical abuse, verbal and emotional abuse, sexual abuse, neglect, exploitation or personal property abus... Read More »

Why You May See Things Differently After a Brain Injury

Why You May See Things Differently After a Brain Injury

10/10/2017 Each year more than a million traumatic brain injury (TBI) cases are reported in the United States. While the term TBI is most often associated with sports-related injuries (football players are especially prone to sustaining TBIs), most TBIs are caused during every day events. The leading cause of... Read More »

NURSING HOME ABUSE CLAIMS

NURSING HOME ABUSE CLAIMS

10/10/2017 Nursing homes are charged with providing care to those who are not able to live without complete medical supervision. While there are many nursing homes that provide excellent care, there are some that are negligent or abusive when caring for their residents. Nursing home neglect and abuse, whether... Read More »

SHOULD I GET A TRUCK ACCIDENT LAWYER?

SHOULD I GET A TRUCK ACCIDENT LAWYER?

10/08/2017 Car accidents of any kind can be devastating, but truck accidents can be especially dangerous and are more likely to result in serious injuries for the parties involved. An average commercial truck weighs over 40 tons, while the average car weighs about one. If you are a motorist, pedestrian or bicy... Read More »

WHEN TO CONTACT AN ATTORNEY IN A CAR ACCIDENT CASE

WHEN TO CONTACT AN ATTORNEY IN A CAR ACCIDENT CASE

10/05/2017 Car accidents can happen at any time, without warning. When they do, the most important thing is to try to remain calm. Regardless of what kind of accident it is, the first thing to do is get medical assistance. Once that task is completed, there are some steps to take to make sure your rights are p... Read More »