Can I Sue for a Nursing Home Fall in New York?

Contact Us Today!
nursing home fall new york ny

Thousands of nursing home residents are injured in accidental falls each year. In fact, according to information published by the Centers for Disease Control and Prevention, between one-half and three-quarters of nursing home residents in New York fall each year. Fortunately, some of these injuries may be compensable by filing a personal injury claim against the person or facility responsible for your or your loved one’s fall. For more information, please read on, then contact an experienced New York City nursing home neglect lawyer today.

Do I qualify for compensation after a fall in a New York nursing home?

Nursing homes and assisted living facilities have an obligation to meet the medical needs of their residents, many of whom may be prone to issues such as poor balance or cognitive difficulties. In addition, both state and federal laws require that nursing homes maintain certain standards regarding patient safety and care. In the context of nursing homes, the standards for determining negligence are more complicated than the average personal injury claim, and it may be more difficult to show that nursing homes did not comply with the law. However, the principle remains the same. As a result, when falls are the result of non-compliance with the applicable state or federal regulations, it may be sufficient to establish legal liability for any losses incurred.

How does a fall occur in a New York nursing home?

Any number of conditions, including nursing home neglect, might cause a resident to fall. Some of the most common causes are as follows:

  • Lack of supervision
  • Lack of handrails
  • Exposed electrical cords
  • Providing an activity that is inappropriate to the health and ability of a participant
  • Inadequate lighting
  • Unsecured facilities
  • Misdiagnosis
  • Medication errors

What injuries might you sustain from a nursing home fall?

When older adults fall, the resulting complications can be much more serious than if the same fall happened to a younger person. As a result, any time an older adult falls, the facility should conduct a thorough medical evaluation to determine whether the resident incurred any serious injuries. When the facility does not provide medical help, it may establish a departure from the accepted standard of care and can be the basis for legal liability for any damages that a victim sustains. Such injuries include:

  • Fractured hips
  • Traumatic brain injury
  • Spinal injury
  • Other fractures:
    • Wrists
    • Elbows
    • Arms
    • Legs
    • Ankles
    • Feet
    • Collarbones
    • Ribs
    • Pelvis

If you or your loved one has any further questions or would like to pursue compensation, please reach out to a skilled New York City personal injury attorney as soon as possible.

Contact Our New York Legal Team Today

The Law Offices of Brian J. Elbaum handles a wide variety of personal injury cases, including those involving auto accidents, catastrophic injuries, and more. Contact us today to schedule your free initial consultation.

Contact Us Today!

  • This field is for validation purposes and should be left unchanged.

© 2022 Law Offices of Brian J. Elbaum.
All Rights Reserved.
Disclaimer | Sitemap | Privacy Policy