Defending against claims of nursing home neglect

Nursing homes in New York generally try to ensure that residents are happy and well cared for. However, when an elderly person is injured or harmed while in the care of nursing home staff, the person and their family members may immediately blame the nursing home for what happened. In some cases, this blame may turn into a lawsuit against the nursing home for neglect.

Generally, filing a lawsuit against a nursing home requires the plaintiffs, or the parties filing the suit, to prove that the nursing home negligently failed to provide the injured resident with adequate care, or care that meets standard practices within the industry. Nursing homes may be liable for:

• Failing to properly hire or train its staff
• Failing to provide adequate supervision
• Failing to properly inspect and maintain the premises and equipment
• Failing to provide residents with proper medical treatment
• Neglecting the residents’ basic needs or isolating the residents
• Subjecting residents to physical, emotional, or sexual abuse

Nursing homes facing a lawsuit may defend against these claims by asserting one or more defenses. An attorney can provide a nursing home neglect defense strategy that is tailored to the specifics of your case.

Here are a few defenses to consider:

• Establishing quality of care: The plaintiffs bringing the case against the nursing home are attempting to prove that the quality of care was subpar. Therefore, the nursing home can present evidence that shows the opposite. For example, the nursing home may find experts who will testify that the care it provided was well within industry standards and complied with all regulations.
• Establishing unavoidability of the accident: Many accidents that occur at the nursing home are not anyone’s fault. The nursing home can establish that the accident was inevitable and occurred despite its employees’ providing the proper care.
• Establishing third party negligence: The nursing home may establish that other parties, such as outside contractors, vendors, equipment manufacturers, and visitors, are partially or fully liable for the resident’s injuries. For example, a resident may have been poisoned by contaminated food provided to the nursing home from an outside company.

When a nursing home resident is injured, nursing homes are often accused of negligence. However, defending against these claims can protect your business and its reputation for providing top quality care to its residents.