Families trust nursing homes and long-term care facilities to provide safe, compassionate care for elderly loved ones. Unfortunately, nursing home injuries and neglect occur more often than many families realize. When an elderly resident is harmed due to neglect, abuse, or unsafe conditions, family members may feel shocked, angry, and unsure about what steps to take next.
If a loved one is injured in a nursing home or assisted living facility in Suffolk County, it is important to understand the legal protections that exist under New York law.
Common Causes of Nursing Home Injuries
Elderly residents often require assistance with mobility, medication management, and daily living activities. When facilities fail to provide proper staffing levels or adequate supervision, residents can suffer serious injuries.
Falls are one of the most common causes of nursing home injuries. Residents may fall while attempting to walk without assistance, transfer from a bed to a wheelchair, or navigate poorly maintained hallways. In many cases, falls occur because the facility failed to implement proper fall-prevention measures.
Medication errors are another serious concern. Residents may receive incorrect dosages, the wrong medication entirely, or medications at improper times. These mistakes can cause serious health complications, especially for elderly individuals with multiple medical conditions.
Pressure ulcers, sometimes referred to as bedsores, can also develop when residents are not repositioned regularly. These injuries may become severe if they are not treated promptly.
Nursing Home Negligence Under New York Law
Nursing homes in New York must follow regulations designed to protect residents. Facilities that accept Medicare or Medicaid funding must comply with federal nursing home standards as well as state regulations.
When a nursing home fails to provide appropriate care or supervision and a resident is injured, the facility may be held legally responsible for negligence. This may involve inadequate staffing, failure to monitor residents, or failure to provide appropriate medical attention.
Families may also have legal claims if abuse or neglect by staff members leads to injury or emotional harm.
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What Families Should Do After a Nursing Home Injury
If you suspect that a loved one has been injured due to neglect or abuse in a care facility, the first step is to ensure that the resident receives proper medical attention. For example if you have a claim for neglect which caused bedsores, documenting the injury through photographs and medical records can help preserve evidence.
Family members may also wish to report the nursing home or care facility injury to facility administrators so they can understand how the injury occurred. In cases where abuse or neglect is suspected, the incident may be reported to the New York State Department of Health, which investigates complaints against nursing homes.
Consulting with a top nursing home or care facility injury attorney can help families determine whether the facility failed to meet its legal obligations and whether a claim for compensation may be appropriate.
Statute of Limitations for Nursing Home Injury Claims
In many cases involving negligence or personal injury in a nursing home, New York law allows a lawsuit to be filed within three years under CPLR §214. However, cases involving medical malpractice by healthcare professionals may be subject to the shorter two-year-and-six-month deadline under CPLR §214-a.
Because nursing home cases may involve both negligence and medical malpractice issues, determining the correct deadline can be complicated. Prompt legal review can help ensure that important rights are protected.
More information about nursing home resident rights can be found through the National Institute on Aging at https://www.nia.nih.gov.
Contact a Suffolk County Nursing Home Injury Lawyer
If your parent or loved one was injured in a nursing home or care facility, you may have legal options to protect them and hold negligent facilities accountable.
The Law Offices of Steven Gacovino represents families throughout Suffolk County in nursing home injury and neglect cases. These cases are handled on a contingency fee basis, meaning there are no attorney fees unless the case is successful.
To discuss your concerns and learn about your options, call 844-692-1200 or complete the contact form to schedule a consultation.