Can I file a lawsuit if my elderly parent was injured in a nursing home?
The decision to place an aging parent or loved one into a nursing home can be quite difficult. However, this may be the only option for elderly individuals who can no longer care for themselves. Residents in nursing homes put their lives and well-being in the hands of caretakers at these facilities and expect to be well-treated. In fact, New York law requires nursing homes to provide an adequate level of care. A patient who is injured as a result of not receiving this level of care may be entitled to monetary compensation.
Grounds for a Nursing Home Lawsuit
Many individuals are not aware that accidents often occur in nursing homes that result in injuries. Even worse, residents are also harmed by intentional acts. In any case, a nursing home can be held liable for injuries resulting from abuse or neglect. There are a number of circumstances that can lead to a lawsuit whether due to the conduct of an employee at an elder care facility or its policies and practices. One common cause of injuries is slip and fall accidents when the premises are not kept reasonably safe and free of hazards. This is especially glaring in light of the fact that elderly individuals are more prone to falls. Nursing homes must take steps to minimize the risk of patient injuries and can be held responsible for failing to supervise residents who fall or injure themselves. A nursing home can also be negligent if an employee neglects, abuses or intentionally harms a patient or if the institution fails to prevent abuse or attacks by other residents. As shocking as it sounds, these incidents are more common than many people realize. An elder care facility that fails to properly train and supervise its employees, maintain adequate health and safety policies or provide adequate medical treatment can be held liable.
The Standard of Care
Bringing a personal injury lawsuit against an elder care facility requires proving that a resident suffered an injury because of a mistake that does not meet the medical standard of care. If the care provided does not meet this standard, a lawsuit can be brought against the nursing home, as well as against the individual responsible for the resident’s care. In the end, determining whether the standard of care was not provided and who is responsible requires the skills of an experienced personal injury attorney.
