Falls happen frequently in nursing homes and often result in devastating injuries. Brain trauma, spinal cord damage, and fractured hips and femurs are all common. The cost of medical care can add up quickly, but if a fall happens due to the negligence of a nursing home facility or one of its caregivers, the victim (or surviving family members) may be entitled to damages.
Nursing homes have a duty to provide sufficient training to their staff so caregivers are able to assist residents with walking and other essential tasks. They also have a duty to ensure residents are adequately supervised and to remedy any dangerous conditions that put residents at an unreasonably high risk of falls. If any of these duties is breached and a resident suffers an injury or dies as a result, the nursing home may be liable for damages.
Read on to learn the answers to a few frequently asked questions about bringing a nursing home negligence claim:
1. When Might a Nursing Home Be Held Liable for a Fractured Hip or Femur?
In the state of New York, employers can be held vicariously liable for the negligence of their employees. That means if a caregiver who is an employee (not an independent contractor) of a nursing home is negligent or abusive and causes an injury, the victim might have grounds for a claim against both the caregiver and the nursing home. The facility may also be liable for damages if a resident suffers an injury or dies due to negligent hiring, training, or operating procedures. In other words, if the nursing home or one of its employees is negligent and a resident is harmed as a result, the nursing home may be liable.
2. What Elements Must Be Proven to Win a Nursing Home Negligence Claim?
The following elements must be proven to prevail in a nursing home negligence claim:
The defendant owed the victim a duty of care;
The duty of care was breached (negligence);
The breach of duty was the actual or proximate cause of the victim’s injury or death; and
The total value of the damages incurred.
An attorney can help you gather the evidence needed to prove these elements. If certain evidence is withheld by the nursing home, such as keycard data, caregiver schedules, or surveillance footage, a lawyer can file a subpoena to obtain them.
3. What Damages Might Be Recoverable?
When a person is injured as a result of nursing home negligence, he or she may be entitled to both economic and non-economic damages. Together, economic and non-economic damages compose “compensatory damages,” which may include:
Past and future medical costs
Loss of wages and earning capacity
Other objectively verifiable expenses related to the injury
Pain and suffering
Physical impairment and disfigurement
Loss of enjoyment in life
If the nursing home or one of its staff members acted with particularly egregious behavior, punitive damages might also be awarded. And if the spouse of the victim has suffered a loss of love, companionship, sexual intimacy, or affection as a result of the injury, he or she may have grounds for a loss of consortium claim.
Schedule a Free Consultation with a Nursing Home Neglect Lawyer in New York
If you or someone in your family has suffered a fractured hip or femur due to a fall at a nursing home, contact Leitner Varughese. We have won more than $100 million in nursing home negligence and abuse cases. Our phone line is open 24/7 to take your call, and the initial consultation is free. Dial 855-585-2969 or send us a message to set up a case review with a nursing home neglect lawyer in New York.