Nursing homes are facilities whereby elderly citizens are taken to receive the care that cannot be provided at home. While nursing homes should provide a haven for senior citizens, they can turn into facilities of abuse and neglect. If you believe that a loved one is being neglected or abused in a nursing home, you need to seek the services of an experienced nursing home abuse attorney.
Forms of New York Nursing Home Lawsuits
The extent and nature of recovery you receive a settlement amount or jury award depends on the type of case you make before the court. This decision depends on the circumstances and facts of the injury that led to the filing of the lawsuit in the first place. Here are some of the common lawsuits involving nursing homes and elderly abuse.
Negligence – A negligence lawsuit relating to a New York nursing home offers that a defendant acted contrary to what a conscious entity would have done in similar circumstances that resulted in injuries and damages to the plaintiff.
Wrongful Death – If a New York resident believes that their loved one died due to the wrongful conduct of another entity such as a nursing home, they can file a wrongful death case to recover for their related damages and expenses.
Medical Malpractice – Health care providers are obligated to treat all patients by the standards of a relevant, medical community. If this is not done and injuries occur, the injured parties can bring forth a medical malpractice lawsuit against the provider.
Statute of Limitations for Pursuing a Nursing Home Lawsuit in New York
The statute of limitations in New York should be your first consideration when filing a nursing home lawsuit. The statute bars actions when they are not brought forth within a given time. Here is the period that New York gives: 3 years for negligence and two years and six months for medical malpractice.
What Do Lawyers Have To Do When Proving a Nursing Home Lawsuit in New York?
The nursing home lawyers in New York have to illustrate and ascertain very specific things in court before their clients can receive a settlement amount or jury award. The legal points typically differ depending on the type of case. Here is what lawyers have to do to prove nursing home lawsuits:
– The plaintiff was owed by the defendant a specific legal duty
– The defendant breached the duty
– The breach resulted in injuries to the plaintiff
– The injury resulted in damages
Wrongful Death Cases
– A person died
– The person’s death was due to the intentional misconduct or negligence of another person
– The death resulted in injuries and damages to the person’s spouse or family
Medical Malpractice Cases
– The plaintiff was owed by the defendant health care provider a duty that can be established according to medical customs
– The defendant breached the medical duty
– The plaintiff’s injury was factually and legally a result of the breach
– The injuries resulted in actual damages to the plaintiff
What are the Damages Typically Associated with Nursing Home Lawsuits?
For nursing home lawsuits, you must demonstrate that your injuries resulted in quantifiable and specific damages. The case will quickly fall apart if you are only able to demonstrate injuries without consequent damage. It is thus important to figure out how the plaintiff was harmed, how the harm led to the loss, and then prove that in court.
If your nursing home lawyer can do this, it will mirror directly the extent and type of recovery that will be available to you via either a settlement amount or a jury award. Here are some typical examples of damages in nursing home lawsuits.
– Property damaged incurred due to the incident
– Rehabilitative bills, prescription bills, medical bills, and other costs associated with recovery
– Lost wages or income sustained due to the incident
– Lost companionship, lost support, expenses, and other losses associated with death which is a result of the incident
– Decreased quality of life that is proven
If you review the information provided here, it is clear that plaintiffs can recover for damages relating to wrongful death, economic, and non-economic losses. However, if you would like to understand exactly what results are attainable, it is important to talk to a competent lawyer about case specifics.
The following is a list of important things to gather for nursing home related lawsuits:
– Evidence of the victim’s condition before the incident
– Evidence of the victim’s condition after the incident
– Evidence of misconduct by the entity responsible for the incident
– A list of hospitals, clinics, nursing homes, or other facilities the victim stayed at and the dates they stayed there
– A list of medical providers seen by the victim and notes and instructions they gave
– Evidence of lost wages or income and property damage resulting from the incident
– Evidence of medical treatment bills the incident caused and incidental expenses
– Evidence of neglect/abuse including medication gaps, weight fluctuations, malnutrition, dehydration, sores, wounds, and bruises
– Evidence of unexplained injuries, inability to visit the victim, broken property, signs of restraint, etc. for elder physical abuse.
– Evidence of financial manipulation such as modifications to estate documents e.g. wills, transfer of bank accounts and assets, the disappearance of money, etc.
– Pigment discoloration, evidence of broken skin, exposed tendons/muscles/bones, and crater-like abscesses.
How New York Lawyers Can Help You in Your Nursing Home Lawsuit
New York, personal injury lawyers, have been fighting for victims of dehydration, bed sores, elderly abuse, malnutrition, and other similar grievances in New York nursing homes for many years. The key thing to note is that they can take over your case and manage it successfully from beginning to end giving you and your loved one’s peace of mind.
Here are a few reasons why New York personal injury lawyers can help you in your nursing home lawsuit:
Access: At any time during the case, the lawyers are available to you to answer any questions you might have and keep you informed about exactly what is happening with your case.
Resources: The lawyers invest all resources required to ensure maximum compensation and will never ask for any payment before bringing in an acceptable settlement amount or jury award.
Experience: The personal injury law firms ensure that only the most experienced and qualified lawyers handle your case from start to finish.
No Conflicts: New York personal injury law firms hardly ever represent doctors, nursing homes, medical facilities, insurance companies, hospitals, or other related parties since they believe in representing victims.
Once you walk into the offices of the New York personal injury lawyer, they will take active control of your case and leave nothing to chance to ensure that your recovery is delivered and protected. New York, personal injury lawyers are committed to fully prosecuting your nursing home lawsuit across the state.
Nursing home lawsuits cannot be possible without the input of an experienced lawyer. If you believe that you have grounds to file a nursing home lawsuit based on the criteria outlined here you need to contact an experienced lawyer without delay. It will be the best thing you probably can do for an older adult who cannot fight back. Communicate with the offices of an experienced personal injury lawyer today for your free consultation and review of your case. You have nothing to lose but everything to gain!