O'Connor First
Serving All OfNew York And Vermont
877-886-4029 Toll Free
518-465-0400 New York

Defending against claims of nursing home negligence

According to the Centers for Disease Control and Prevention, an estimated 1.4 million Americans currently reside in nursing homes. In the coming years, as individuals of the baby boomer generation continue to age, this number is expected to increase exponentially.

Many individuals who are experiencing a decline in physical or mental health require extra care and assistance and come to rely upon skilled nursing home facilities. Nursing homes must comply with federal and state regulations and work to ensure that the specific needs of individual residents are met.

While nursing homes do their best to tend to residents' needs and keep them safe, staff members cannot physically be with every resident at all times. In cases where a resident falls or suffers some other type of harm or injury, concerns and questions may arise related to the liability of a nursing home and its staff members.

As with all negligence matters, a plaintiff must be able to prove that certain breaches and failures with regard to standard practices and care occurred. In addition to providing evidence that a breach in the care of duty occurred, a plaintiff must also prove that the defendant's actions directly contributed to a loved one's injury.

When defending against negligence claims, it's critical to establish what is considered standard care and how a defendant's actions comply with that accepted standard. Other issues that must be considered in nursing home negligence cases revolve around causation and contributory negligence. For example, did a resident’s injuries arise from an event that transpired due to a preexisting health condition?

Much like in a hospital or medical setting, accidents and unfortunate events are bound to happen at nursing homes. In many cases, however, such incidents are often not related to any act of negligence.

Source: FindLaw.com, "Nursing Home Abuse Claims," April 27, 2015

No Comments

Leave a comment
Comment Information
Email Us For a Response

Speak To An Experienced Attorney.

High-Quality Representation At An Affordable Price. Contact Us Today.

Learn more about how we can help you by calling the firm at 877-886-4029.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

  • dri | The Voice of the Defense Bar
  • BEST'S Client Recommended 2018
  • AV Preeminent
  • Bar Register Preeminent Lawyers
  • Lawyer of the Year
  • IADC
  • MPL
  • Best Lawyers
  • FDCC
  • Peer Rated
  • Plus
  • New York State Academy of Trial Lawyers
  • Lawyer of the Year
  • TIDA
  • Best Lawyers | Best Law Firms | US News |2019

NEW YORK OFFICE
20 Corporate Woods Boulevard
Albany, NY 12211

Toll Free: 877-886-4029
Phone: 518-465-0400
Fax: 518-465-0015
Albany Law Office Map

VERMONT OFFICE
507 Main Street
Bennington, VT 05201

Toll Free: 877-886-4029
Fax: 518-465-0015
Map & Directions