Failure to Follow Physician Orders

Rockland County Attorney Assisting People Harmed by a Failure to Follow Physician Orders in Nursing Homes

Nursing home residents often depend on physicians to create detailed treatment plans that address medications, wound care, dietary restrictions, diagnostic testing, mobility limitations, monitoring, and other aspects of their health. Those instructions have little value, however, if the facility, responsible for the resident’s daily care, does not carry them out. A failure to follow physician orders in nursing homes can expose residents to medication complications, worsening illnesses, preventable falls, infections, and other serious injuries. In some circumstances, disregarding a physician’s instructions can contribute to permanent disability or death. If you believe that you or a loved one suffered harm because nursing home staff failed to carry out a doctor’s orders, you should speak with an attorney about your potential claims. Valerie Crown of The Law Firm of Valerie J. Crown, P.C., is a knowledgeable Rockland County nursing home negligence attorney who is committed to protecting the rights of residents harmed by inadequate care, and if she represents you, she will diligently pursue compensation for your losses. Ms. Crown regularly assists people in nursing home negligence cases in Rockland, Dutchess, Orange, Ulster, and Westchester Counties, and throughout the greater metropolitan area.

The Role Physician Orders Play in Nursing Home Care

Residents enter nursing homes with widely different medical needs, and their treatment may change frequently as their health evolves. Physicians and other authorized medical providers may issue orders directing staff to administer a particular medication at specified intervals, check blood glucose levels, reposition a resident to reduce the risk of pressure injuries, provide supplemental oxygen, limit weight-bearing activities, obtain laboratory testing, or follow specific dietary or fluid restrictions. Orders may also direct staff to monitor particular symptoms or notify a medical provider if certain changes occur. New York nursing home records routinely include provider orders as an essential part of resident treatment, and state regulatory oversight examines whether staff administered medications and other interventions consistently with those orders. When staff disregard, misunderstand, or fail to implement a physician’s directions, a resident may not receive the treatment their medical condition requires.

The Harm Caused by Disregarding Physician Orders

The consequences of failing to follow a treatment directive depend heavily on the resident’s medical needs. Missing an important medication may cause an underlying disease to become uncontrolled, while giving medication contrary to a physician’s instructions may expose the resident to adverse effects or dangerous interactions. Failing to follow an order to reposition an immobile resident may contribute to pressure injuries, while disregarding mobility restrictions can result in a fall or aggravation of an existing fracture.

If staff neglect to conduct ordered monitoring, they may miss signs that a resident’s condition is deteriorating until emergency treatment becomes necessary. For medically fragile residents, even a relatively brief deviation from prescribed treatment can have significant consequences. Accordingly, determining the impact of failing to follow physician orders in nursing homes often requires considering both the doctors’ directives and the likely outcome had those instructions been properly implemented.

Establishing Nursing Home Negligence for Failure to Follow Physician Orders

People harmed by a nursing home’s failure to follow physician orders will often pursue negligence claims against the nursing home. Under New York law a plaintiff, pursuing a nursing home negligence claim, generally must establish duty, breach, causation, and damages. A facility owes its residents a duty to provide reasonable and appropriate care, and following valid medical orders may be an important component of fulfilling that responsibility. A plaintiff may establish a breach by showing, for example, that staff did not administer prescribed treatment, failed to monitor a resident, or otherwise departed from the care that should have been provided. The plaintiff must also demonstrate causation, meaning that they must prove that the departure from appropriate care was a substantial factor in producing or worsening the resident’s injuries.

Finally, the plaintiff must establish actual damages resulting from the negligence. New York courts frequently rely on expert medical testimony in nursing home cases to determine whether care departed from accepted standards and whether that departure caused the alleged injuries. An expert may review physician orders, medication administration records, treatment logs, nursing notes, laboratory results, and subsequent medical records to determine whether instructions were followed and what effect any failures had on the resident.

A successful plaintiff may recover damages for pain and suffering, disability, emotional harm, additional medical expenses, and other compensable losses. Where negligence contributes to a resident’s death, additional claims may also be available to the representative of the resident’s estate.

Speak to an Experienced Rockland County Nursing Home Negligence Attorney

Physicians issue treatment orders because a resident’s health requires particular care, monitoring, or precautions. When nursing home personnel disregard those instructions, the consequences can extend far beyond a missed task in a medical chart. If you believe a failure to follow physician orders in nursing homes caused you or your loved one to suffer an avoidable injury or worsening medical condition, it is advisable to speak with an attorney about your rights. Valerie Crown of The Law Firm of Valerie J. Crown, P.C., is an experienced Rockland County nursing home negligence attorney with the skills and resources to investigate deficient nursing home care and hold facilities accountable for preventable harm. Valerie Crown has routinely assisted people with nursing home negligence cases in Rockland, Westchester, Dutchess, Orange, Putnam, and Ulster Counties as well as 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.