Nursing home residents are among our nation’s most vulnerable citizens. Frail and often in failing health, these individuals are often totally dependent upon others for their physical and emotional needs. Thus, it is very important for people charged with their care to exercise the utmost caution, especially when it comes to bedrail safety – an area of particular concern for people confined to nursing home or hospital beds. If your loved one has suffered a serious physical injury or has passed away due to an accident related to a bedrail, you should talk to an attorney as soon as possible. Rockland County nursing home negligence lawyer Valerie J. Crown handles many kinds of claims against nursing home and assisted living facilities.
Since nursing home residents are often confined to bed for long periods of time, issues relating to beds, bedsores, and bedrails are unfortunately not uncommon. With respect to bedrails, there are several ways that a resident can be injured. If bedrails are not properly secured, falls are possible. Fractures, lacerations, concussions, and other injuries may occur. Serious, potentially life-threatening injuries can also happen when a patient’s neck or cheek becomes caught between a secured railing and the mattress. An alarming number of suffocations have been reported across the country in recent years related to bedrail accidents.Taking Legal Action Following an Accident in a Nursing Home
Whether a nursing home injury is caused by a bedrail safety issue or another problem, either the patient or a qualifying member of his or her family (such as a spouse, adult child, or conservator) must be able to prove that the nursing home was negligent or acted wrongfully. Negligence cases are comprised of four essential elements: duty, breach of duty, causation, and damages. The plaintiff has the burden of proving each element by a preponderance of the evidence. Building a case of negligence can be complex and time-consuming, so it is important to act promptly to retain an attorney if your loved one has been a victim of negligence in a nursing home in Rockland County or elsewhere in New York. Claims not filed within the applicable statute of limitations are likely to be dismissed.
Some nursing home personal injury or wrongful death lawsuits related to inadequate bedrail safety can involve other legal theories as well. A medical malpractice action may lie against a particular doctor or nurse whose supervision of the patient fell below the professional standard of care. A faulty product, such as a bed with defective or unreasonably unsafe bedrails, may be the subject of a product liability lawsuit based on a design defect, a manufacturing defect, or a failure to warn. Most nursing home cases require a careful review of the patient’s medical records by a licensed health care professional, as well as expert testimony on the issues at trial. Therefore, it is important that a family affected by nursing home negligence retain an attorney who is experienced in these kinds of cases, with an existing network of potential experts and other professionals whose services may be needed in order to get the case to trial.Contact a Rockland County Attorney About a Bedrail Safety Case
Nursing home residents are often unable to speak up for themselves. If you have a loved one who you believe has been a victim of a lack of bedrail safety or other nursing home negligence or abuse, you should talk to a lawyer as soon as possible. Fighting for the rights of your loved one can help give you a sense of justice, cover the expenses related to his or her injuries or death, and prevent similar harm to others in the future. To schedule a free consultation with a compassionate advocate, contact the Law Firm of Valerie J. Crown, Attorney at Law, P.C., at 845.708.5900. You can also call Valerie’s cell phone at 845.598.8253 at any hour of day or night. We assist injured people and their families in Rockland, Dutchess, Orange, Ulster, and Westchester Counties, as well as in New York City.