Rockland County Attorney Helping Victims of Nursing Home Negligence Pursue Just Outcomes

People throughout Rockland County entrust nursing homes to look after their loved ones, with the expectation that they will provide thorough care and maintain a safe environment. Tragically, the care offered in nursing homes often falls short of expectations and ultimately causes residents to suffer grave harm. People injured by nursing home negligence have the right to pursue damages for their losses via civil lawsuits, and while many cases settle, some can only be resolved via trials. As such, it is critical for anyone contemplating pursuing such claims to understand what injured parties must demonstrate in trials in nursing home negligence cases to prevail. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a seasoned Rockland County nursing home negligence lawyer, and if you or a loved one were injured by negligence in a nursing home, she can advise you of your rights and help you to seek the best legal result available. Ms. Crown routinely represents parties in nursing home negligence claims in Rockland, Orange, Dutchess, Ulster, and Westchester Counties, as well as in the greater metropolitan area.

To succeed in a trial in a nursing home negligence case, a plaintiff must establish the defendant’s fault. Under New York law, to demonstrate negligence, a plaintiff first has to show the duty of care owed to the plaintiff by the defendant. In other words, a plaintiff in a nursing home negligence case must show that the nursing home was required to provide services that met the resident’s daily living and healthcare needs and employed adequate safety measures. Generally, a plaintiff will introduce state and federal regulations that outline requirements for nursing home facilities and expert testimony to establish the standard of care imposed on the defendant.

Next, the plaintiff must prove that the nursing home breached the duty owed, which involves showing that the facility failed to comply with applicable standards of care or regulations. Common breaches include inadequate staffing, failure to provide proper medical care, neglect of basic needs, and lack of supervision, leading to falls or other injuries. Evidence a plaintiff can use to prove the defendant’s breach can include expert testimony and documentation, such as medical records, staff schedules, and state inspection reports. Finally, the plaintiff must prove causation, meaning they must link the nursing home's breach of duty directly to the injuries sustained. This can be particularly challenging, as it requires showing that the injury would not have occurred but for the facility’s negligence. Medical expert testimony is crucial in establishing causation, as experts can explain how the breach directly resulted in the resident’s injuries.

Once liability is established, the plaintiff must demonstrate the extent of the damages they suffered due to the nursing home's negligence. Damages awarded in nursing home negligence cases may be economic, non-economic, and, in some cases, punitive. Economic damages include tangible losses such as medical expenses for additional treatment required due to the defendant’s negligence, costs of future medical care, and out-of-pocket costs. These damages are typically quantified using medical bills, invoices, and financial records. Non-economic damages refer to intangible losses that do not have a specific monetary value but significantly impact the resident’s quality of life. These include pain and suffering, emotional distress, loss of enjoyment of life, and, in severe cases, wrongful death. To demonstrate non-economic damages plaintiffs often rely on testimony from the resident, family members, and caregivers, who can attest to the physical and emotional impact of the defendant’s negligence. In some instances, punitive damages may be awarded to punish particularly egregious behavior and deter similar conduct in the future. To obtain punitive damages, the plaintiff must prove that the nursing home's conduct was willful, malicious, or showed a reckless disregard for the resident's rights and safety. This requires clear and convincing evidence of the nursing home’s intent or gross negligence.

Nursing homes bear a responsibility to provide their residents with competent care, and if they breach that duty, causing their residents harm, they may be found liable for damages via trials. If you or a loved one suffered injuries due to the carelessness of a nursing home’s staff and you have questions about trials in nursing home negligence cases, it is in your best interest to speak with an attorney. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a trusted Rockland County nursing home negligence lawyer, and if you engage her services, she will aggressively pursue any damages you may be owed. Ms. Crown has an office in New York, and she often represents people seeking damages in nursing home negligence cases in Rockland, Westchester, Orange, Dutchess, and Ulster Counties and in the greater metropolitan area. You can contact Valerie by using the online form or by calling 845.708.5900 (office number) or 845.598.8253 (Valerie’s direct cellphone 24/7).