While news about serious and deadly nursing home abuse cases can circulate quickly, there are many cases of nursing home abuse that are not so publicly disclosed. Indeed, according to a recent report from The New York Times, at nursing homes across the country, “thousands of problems identified by state inspectors were never publicly disclosed because of a secretive appeals process.” Those injuries and harms range from failure to implement COVID-19 safety protocols to sexual assault to passive neglect of dementia patients. Our New York nursing home negligence lawyers want to discuss the recent investigation conducted by The New York Times and to provide you with more information about filing a nursing home negligence claim in New York.
Abuse and Injuries are Not Made Public or Factored Into Nursing Home Ratings
Some of the key information that comes out of the recent investigation by The New York Times is that serious injuries and deaths at nursing homes are not being made public, and that those severe harms are not being factored into the Medicare rating system that so many families use to select nursing homes for a loved one.
In large part, the article suggests, nursing homes can appeal any problematic findings and citations, and ongoing appeals prevent information from being disclosed publicly. Yet lack of public information about nursing home abuse incidents will not prevent a successful nursing home negligence lawsuit.
What Do I Need to Prove in Order to Win a Nursing Home Negligence Claim in New York?
To file and win a nursing home negligence claim in New York, it is not necessary for any information about a facility’s abuse or neglect to be public knowledge. Rather, it will be most important to work with an experienced nursing home negligence attorney in New York who can gather evidence to support your case and to ensure that you have the information necessary to prove the essential elements of a nursing home negligence lawsuit.
What are the elements of a nursing home negligence claim in New York? While the specific elements of your case will require detailed information about the circumstances that resulted in the injury or harm for which you are filing a claim, the following are the elements of the case that you will need to prove when you are filing a lawsuit against a nursing home for negligence:
● Nursing home owed you (or your elderly loved one) a duty of care;
● Nursing home breached that duty of care by acting negligently, which may include specific acts or omissions;
● Nursing home’s breach of the duty of care resulted in your (or your elderly loved one’s) injuries; and
● There are damages, or actual harm, that resulted from the nursing home’s breach of the duty of care.
There are many ways in which you may be able to prove that the nursing home was negligent, including evidence of understaffing, insufficient medical care, failure to properly train employees, or even intentional acts of physical or psychological abuse perpetrated by nursing home employees.
Contact Our New York Nursing Home Negligence Attorneys Today
