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How do you prove in a lawsuit that a nursing home was negligent and violated its own procedures?

Your mother breaks her leg in a nursing home, but the nursing home denies all responsibility. They say they did nothing wrong. How does a lawyer prove that the nursing home violated their own procedures and the laws the govern nursing home residents?

Here’s what lawyers can do to prove your case. They can question all the nurses and the aids that were on duty at the time of the accident. And they can do that in a deposition, in a course of a lawsuit. A deposition is a formal legal proceeding where the nursing home witnesses must answer questions under oath and under penalty of perjury.

Some of the questions that you would ask may include: How many residents does each nurse care for? How many residents does each aid care for? Are there enough staff to properly care for this amount of residents?

Lawyers may ask the nurses and the aids, what interventions were in place to make sure that the nursing home residents didn’t fall? Should there have been other interventions available that weren’t in place? Did the resident have a bed alarm? Did the resident have a chair alarm? What type of bed did the resident have? What type of notice did the nursing home have that this resident was at risk for falling? Did they even asses the resident to determine whether this resident was a fall risk? Whether this resident had the potential to fall out of her bed, out of a wheel chair? Whether she was ambulatory? Was she able to walk on her own? Did she need assistance?

These are some of the types of questions and answers that the lawyers of Leitner Varughese will be looking for during the course of a lawsuit. There are various New York State and federal regulations that govern nursing homes. Nursing homes are required to follow certain specific laws, rules and regulations. And if they don’t follow those laws, this can be considered evidence of negligence, which we would use to prove the culpability of the nursing home during the course of a trial.

About Leitner Varughese PLLC

Leitner Varughese PLLC is a cutting-edge litigation and trial law firm uniquely experienced in handling high-profile, complex lawsuits involving serious injuries and wrongful death. The Firm has vast experience in handling cases involving serious injuries caused by:

• Nursing Home Abuse/Neglect • Medical Malpractice • Construction Accidents • Motor Vehicle Accidents • Trip / Slip & Fall Accidents • Labor Law Violations • Negligent Premises Security • Products Liability • Defective Drugs

Leitner Varughese attorneys are routinely heralded as preeminent trial lawyers by nationally acclaimed organizations including the National Top 100 Trial Lawyers, Super Lawyers, American Academy of Trial Attorneys Premier 100, Rue Ratings Best Attorneys in America, America’s Top 100 Attorneys, and National Academy of Jurisprudence Premier 100 Trial Attorneys.

The attorneys at Leitner Varughese are routinely called upon to handle high-profile and newsworthy cases, many of which have been featured in news and media outlets, including the New York Law Journal, the New York Post, the New York Daily News, Channel 7 Eyewitness News, CBS News, Best of Long Island Press, Newsday, News 12, the LI Herald, and FIOS 1, amongst others.

In just the past few years, Leitner Varughese attorneys have facilitated in the recovery of over $100 million on behalf of clients that were injured because of car and truck accidents, construction accidents (involving New York State Labor Law violations), slip/trip and falls, and defective pharmaceuticals, including the recovery of over $50 million alone in verdicts and settlements on behalf of the victims of nursing home neglect and abuse.

For more information about Leitner Varughese PLLC or to be a part of our team, please contact us at (855) LV LAW NY (855-585-2969), or visit our website at

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