Delayed Medical Treatment in Nursing Homes

Rockland County Attorney Assisting People Harmed by Delayed Medical Treatment in Nursing Homes

A nursing home resident’s condition can deteriorate quickly, and symptoms that initially appear minor may signal an infection, stroke, internal bleeding, respiratory emergency, or another condition requiring immediate medical intervention. Nursing home staff are often the first people in a position to recognize these changes and obtain appropriate care. Sadly, warning signs can be overlooked, concerns may not be communicated to a physician, or a resident may not be transferred to a hospital when necessary; critical treatment may be delayed. Delayed medical treatment in nursing homes can allow an otherwise manageable medical problem to progress into a serious or life-threatening condition. If you or a loved one suffered harm because nursing home personnel failed to obtain appropriate medical care in a timely manner, you should speak with an attorney about your rights. Valerie Crown of The Law Firm of Valerie J. Crown, P.C., is a knowledgeable Rockland County nursing home negligence attorney who has helped residents and families pursue claims arising from inadequate care. Ms. Crown has regularly represented people in nursing home negligence matters in Rockland, Dutchess, Orange, Ulster, and Westchester Counties, and throughout the greater metropolitan area.

How Delays in Medical Care Can Occur in Nursing Homes

Residents of nursing homes frequently have multiple health conditions and depend on facility personnel to observe symptoms, administer medications, communicate with physicians, and obtain emergency care when needed. A dangerous delay may occur when staff dismiss a resident’s complaints of pain, fail to respond to abnormal vital signs, overlook changes in mental status, or do not investigate symptoms such as fever, weakness, shortness of breath, vomiting, or loss of consciousness. Problems can also arise when nurses fail to notify a physician of a significant change in condition or when a doctor’s order for diagnostic testing, medication, or hospital evaluation is not carried out promptly. In other situations, inadequate staffing may mean that a resident is not assessed soon enough for staff to appreciate the seriousness of the problem. Delayed medical treatment in nursing homes may therefore stem from failures at several points in the resident’s care rather than from a single mistake.

The effect of a delay often depends on the medical condition involved and how quickly appropriate care should have been provided. An untreated infection can progress to sepsis, while signs of a stroke may require immediate evaluation because some interventions are time-sensitive. A resident experiencing respiratory distress may deteriorate rapidly without supplemental oxygen or hospital care, and untreated dehydration or electrolyte abnormalities can produce significant complications in medically vulnerable individuals. Delays in responding to falls can also be dangerous when a resident has sustained a head injury, fracture, or internal bleeding that is not immediately apparent.

Establishing a Nursing Home Negligence Claim Under New York Law

A plaintiff, pursuing a nursing home negligence claim arising from delayed care, generally must establish that the nursing home owed the resident a duty, breached that duty, and caused injuries that resulted in harm.

New York nursing home residents are entitled to quality care and treatment, and facilities must monitor residents and provide necessary services. A nursing home may therefore breach the duty owed to a resident when its employees recognize, or reasonably should recognize, a significant change in a resident’s condition but fail to take appropriate action. Such a breach may be shown through evidence that staff failed to appreciate symptoms, did not timely contact a physician, ignored an order, or postponed a necessary transfer.

Causation can be especially important in delayed-treatment cases because the plaintiff generally must show that the lapse in care was a substantial factor in worsening the resident’s condition, not merely that treatment was postponed. Plaintiffs, alleging nursing home negligence, commonly rely on expert medical evidence to demonstrate that the care departed from accepted standards and that the alleged departure caused the resident’s injuries. Experts may examine the resident’s chart, vital signs, nursing notes, physician orders, laboratory results, and the timing of medical interventions to determine what should have occurred and whether earlier treatment likely would have changed the outcome. A successful plaintiff may recover damages for physical pain, emotional suffering, disability, additional medical expenses, and other losses caused by the delay. If the resident dies as a result of the injuries, appropriate estate representatives may also be able to pursue claims arising from the death.

Speak to an Experienced Rockland County Nursing Home Negligence Attorney

A nursing home resident should not suffer avoidable complications because staff failed to recognize a medical emergency or obtain needed treatment when time mattered. If you believe that delayed care caused your loved one’s condition to worsen, you should speak to an attorney about your potential claims. Valerie Crown of The Law Firm of Valerie J. Crown, P.C., is an experienced Rockland County nursing home negligence attorney with the knowledge and resources needed to investigate failures in nursing home care, and if you hire her, she will pursue any compensation you may be owed. Valerie Crown has routinely assisted people with nursing home negligence cases in Rockland, Westchester, Dutchess, Orange, Putnam, and Ulster Counties, as well as in the greater metropolitan area. You can reach Valerie through the online form or by calling her office at 845.708.5900 or her direct cell phone, where she is available 24/7, at 845.598.8253 to schedule a confidential meeting.