Nursing Home Abuse

If You Were Injured or Neglected in a Nursing Home, Here is What You Need to Know

1. In New York State, the statute of limitations to file a claim against a nursing home or assisted living facility for abuse or neglect is three years. If you file your claim after three years, it may be dismissed. Therefore, it is very important to contact a personal injury lawyer as soon as possible after you have been injured. At The Law Offices of Jason B. Kessler, our experienced attorneys can review the details of your case, and if necessary, help you file a claim before time runs out.

2. Nursing homes and assisted living facilities must take reasonable care in order to avoid physically or emotionally injuring their patients. If reasonable care is not given to a resident, the facility may be liable for damages. It is also possible for a healthcare facility to be held liable for injuries that were caused by the negligence of the facility’s employees. In order to prove a claim for negligence in a healthcare facility, four things need to be established:

• The nursing home has a duty to exercise reasonable care of the resident
• The nursing home has breached their duty to take reasonable care of the resident, thereby deviating from the acceptable standard of care
• This breach of duty caused the resident to become injured
• The patient suffered harm, such as physical injuries, emotional anguish, unnecessary expenses, sexual abuse, or neglect due to the breach of the facility’s duty to provide reasonable care to the resident.

3. Some common types of nursing home abuse cases include:

• Unexplained injuries (physical abuse)
• Falls and fractures
• Overmedication
• Unnecessary restraints
• Sexual abuse and sexually transmitted diseases
• Poor supervision of elderly patients
• Medical malpractice
• Emotional or psychological abuse
• Bedsores
• Malnutrition
• Dehydration
• Wrongful death