Fall-Related Injuries in Nursing Homes: Residential Rights in New York
As our loved ones age, ensuring their safety and well-being becomes paramount. Unfortunately, fall-related injuries in nursing homes often beset elderly residents.
Understanding Fall-Related Injuries
Falls can occur more frequently in nursing homes due to various factors, including age-related physical vulnerabilities, medical conditions, or environmental hazards. These incidents can result in serious injuries, such as fractures, head trauma, or complications that may affect residents’ overall health and well-being.
New York Public Health Law
The New York Public Health Law holds nursing homes accountable for the safety of their residents (section 2801-d). Simply put, the law permits patients of residential health care facilities to recover after a nursing home deprives a resident of rights or benefits. We can establish the rights and benefits owed to a specific resident by agreements or contracts and state and federal regulations. For instance, when a nursing home fails to keep the facility as free from accident hazards as possible, you may have a claim for emotional, financial, and physical damages. After reviewing your facts and circumstances, attorneys often find several laws to bring a claim under, such as negligence and medical malpractice. The claim may vary slightly between different defendants that are responsible for an injury, such as a nursing facility or a medical practice.
We Can Guide You Through Complex Laws
Bringing a case may, on the surface, appear intimidating. Nursing homes, other residential health care facilities, and insurance companies may have resources and lawyers with extensive experience. However, as legal professionals advocate for your rights clearly and assertively, they prove the connections between misconduct and the resulting injuries. The resulting compensation may cover medical expenses, pain and suffering, rehabilitation costs, and any other losses incurred due to the injury.
In addition, punitive damages are allowed by courts in New York to discourage the most egregious behavior, under certain circumstances.
Seeking the guidance of a lawyer is crucial to protect the rights and best interests of the injured resident and their family. Contact our team for a complimentary consultation to determine if we can investigate your claim and gather evidence on your behalf. Remember, justice and compensation are within reach, ensuring a safer environment for all nursing home residents.
Liability Beyond Nursing Homes
Fall-related injuries can occur in hospitals, assisted living facilities, rehabilitation centers, or even while receiving care at home. If you or your loved one has suffered a fall-related injury in any of these settings, explore legal options. At our firm, we understand that fall-related injuries can happen in various care settings, and we are here to help.
Whether the injury occurred due to negligence, inadequate supervision, or unsafe conditions, our dedicated lawyers can investigate the matter, gather evidence, and build a strong case on your behalf.