Nursing Home Accidents

When people entrust the care of their loved ones to a nursing home, they rightfully expect that the nursing home will provide a safe and nurturing environment. Sadly, however, errors and oversights often create situations that pose a risk of harm to nursing home residents, and harmful incidents are not uncommon. Nursing home accidents are generally preventable, though, and usually occur due to the carelessness of nursing home staff. If you or a loved one were hurt in a nursing home accident, you could be owed compensation, and it is advisable to contact a lawyer as soon as possible. The dedicated Syracuse nursing home negligence lawyers of DeFrancisco & Falgiatano Personal Injury Lawyers can assess your injuries and inform you of your options for seeking a just outcome. We have ample experience aiding people in the pursuit of damages from nursing homes, and if we represent you, we will advocate aggressively on your behalf.

Nursing home accidents are, unfortunately, common occurrences, and when they arise, they can present serious risks to the well-being of residents. A wide range of harmful incidents can occur in a nursing home setting, including slips and falls, medication errors, and equipment misuses or failures. The harm caused by these accidents varies but often includes physical injuries, emotional distress, and a decline in overall health. Falls, for instance, can result in fractures, sprains, or head injuries. Medication errors may lead to adverse reactions or exacerbate existing health conditions.

Nursing home accidents can stem from various causes. For example, environmental hazards, such as poorly maintained facilities or inadequate lighting, can contribute to slips and falls. Insufficient staffing levels or inadequate training may lead to medication errors or lapses in supervision, increasing the risk of accidents. Additionally, a lack of personalized care plans, communication gaps, and a failure to address individual needs can contribute to the occurrence of accidents within nursing homes.

Pursuant to state and federal regulations, nursing homes must provide residents with a safe living environment, which in part means they must take measures to prevent harmful incidents from occurring. If a nursing home fails to train or supervise its staff members properly and an accident happens that causes harm to a resident, the resident or their family members may be able to recover compensation from the nursing home in a civil lawsuit.

In cases in which the harm suffered is unintentional, like in cases arising out of nursing home accidents, the plaintiff will most likely allege the defendant acted negligently. In New York, proving negligence requires a plaintiff to show that the defendant owed the plaintiff a duty of care. The plaintiff must also prove that the defendant’s actions constitutes a breach of the duty owed. In cases involving accidents in nursing homes, expert testimony may be needed to explain the standard of care that applies and the manner in which the standard was breached.

The plaintiff must then show that the defendant’s actions proximately caused quantifiable harm. In other words, that the injuries sustained would not have occurred absent the breach. While the breach does not have to be the sole cause of the harm suffered, it must be a significant factor in bringing it about. A plaintiff that proves a defendant’s negligence may be awarded damages for the economic losses incurred, like the cost of medical care and out-of-pocket expenses, and for the intangible harm caused by the defendant’s actions, like pain, suffering, and mental anguish.

Nursing homes have a duty to keep their residents safe, but if they fail to exercise due care, accidents that cause significant harm can occur. If you or a loved one suffered injuries due to a nursing home accident, you have the right to pursue claims against the parties responsible for your harm, and you should meet with an attorney. The experienced Syracuse attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can advise you of your rights and aid you in seeking the best legal result possible under the circumstances. Our primary office is in Syracuse, and we regularly represent people in lawsuits against nursing homes in Syracuse, Rochester, and other cities in Upstate New York. You can reach us via our form online or by calling us at 833-200-2000 to schedule a complimentary and confidential conference.