Failure to Prevent Resident Altercations
Nursing home residents often spend a significant amount of time with one another in relatively confined spaces. As such, quarrels frequently arise between residents. If such arguments escalate, they can cause serious injuries, and the people working in nursing homes should take measures to ensure that harmful disagreements do not occur. The failure to prevent resident altercations is unfortunately common, however, and may be grounds for pursuing claims against the nursing home and other parties. If you or your loved one were hurt due to the negligence of a nursing home, it is wise to meet with an attorney about your rights. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a trusted Rockland County nursing home negligence attorney with the skills and experience needed to help injured parties seek any damages they may be owed. Ms. Crown frequently represents parties in lawsuits against nursing homes in Rockland, Orange, Dutchess, Ulster, and Westchester Counties, as well as in the greater metropolitan area.Harm Caused by the Failure to Prevent Resident Altercations
Pursuant to state and federal law, nursing homes have a responsibility to ensure the safety and well-being of all residents. This includes, among other things, preventing altercations between their residents. Residents may argue over belongings or shared spaces; in many instances, disagreements arise between residents who are roommates. Any aggressive and negative interactions between residents arguably constitute an altercation. Such interactions may be physical or verbal in nature and can cause bodily injuries, mental and emotional distress, and a decline in the overall health of those involved.
Resident altercations are often the result of a nursing home’s failure to implement appropriate preventive measures, such as properly training their staff or providing adequate supervision, to create a safe and supportive environment to minimize the risk of fights between residents. The altercations may also be caused by a nursing home’s failure to properly diagnose and treat a resident’s psychological condition.Damages Recoverable for the Failure to Prevent Resident Altercations
Nursing homes are expected to maintain an environment that protects their residents from preventable harm. As such, when nursing homes fall short of meeting this expectation via the failure to prevent resident altercations, they can be civilly liable for any harm that ensues.
Generally, a person pursuing claims against a nursing home in a civil lawsuit will allege that the nursing home was negligent and violated New York State Public Health Law as well as Federal statutes and regulations; and sometimes, the allegations will include medical malpractice as well. In New York, proving the negligence of a nursing home requires the plaintiff to demonstrate that the nursing home owed the plaintiff a duty and that the nursing home breached the duty owed. The duty owed is usually to comply with the standard of care for nursing homes that is defined by state and federal law.
Next, the plaintiff has to prove that the defendant’s breach of the duty owed caused the plaintiff to suffer actual harm. The defendant’s acts do not have to be the sole cause of the plaintiff’s losses, but they must be a significant factor in bringing them about. As the average judge or juror does not possess an understanding of the duties imposed on a nursing home and/or medical standards, the plaintiff will most likely need to hire an expert to explain the applicable standard of care and the ways in which the defendant failed to uphold the standard, causing the plaintiff’s harm.Speak with a Skilled Rockland County Nursing Home Negligence Lawyer
Nursing homes bear the responsibility of preventing their residents from suffering harm, including injuries caused by disagreements with other residents. If you need assistance pursuing claims arising out of a nursing home’s failure to prevent resident altercations, it is smart to speak to an attorney. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a skilled Rockland County lawyer, and if you engage her services, she can assess the facts of your case and gather the evidence needed to provide you with a strong chance of a favorable result. Ms. Crown’s office is located in New York, and she routinely represents people pursuing nursing home negligence claims in Rockland, Westchester, Orange, Dutchess, and Ulster Counties and in the greater metropolitan area. You can reach Valerie through the form online or by calling 845-708-5900 (office number) or 845-598-8253 (Valerie’s direct cellphone 24/7).