A negligence claim against your nursing home can cause serious harm to your reputation, preventing you from fulfilling your duty to provide care and treatment to elderly New York residents. Even a claim of negligence that ultimately proves to be false can have a...
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Nursing Home Abuse & Neglect Defense
Is nursing home neglect medical negligence?
New York law treats most nursing-home shortcomings as neglect, while it regards alleged clinical blunders by licensed professionals as medical malpractice. The distinction matters because the proof, deadlines and potential defendants change with the label. What counts...
Attacking causation in a nursing home negligence case
Accusations of nursing home abuse or neglect in New York require an alleged victim to prove negligence. This means showing that the care provided fell below the acceptable standards and caused the resident injury or neglect. One of the most common defenses used by...
Understanding the difference: Unavoidable decline vs. neglect in elderly care
Distinguishing between unavoidable decline and neglect is crucial, especially if you are working in elderly care. This distinction becomes particularly important when you face personal injury claims from a nursing home resident and their family. Whether you are a...
Why staff-to-patient ratio matters in nursing homes
Many families in New York depend on nursing homes to look after their vulnerable loved ones. Yet, limited resources and staffing pressures can upset the balance between caregivers and residents. This can lead to allegations of neglect and abuse, resulting in legal...
How documentation can help minimize nursing home neglect lawsuits
Good record-keeping is vital in avoiding nursing home neglect lawsuits. Keeping detailed records helps protect residents and facilities. It shows that you meet standards of care and follow health care best practices. Why documentation matters Good records prove you...
The role of staff training in nursing home safety
As the owner of a care institution, you've dedicated your career to providing a safe and nurturing environment for your residents. But despite your best efforts, the risk of nursing home abuse claims is always lurking. One misstep or one misunderstanding may lead to...
Standard of care as a defense against nursing home negligence
New York nursing homes have several potential defenses to use after being accused of abuse or neglect. One of the most common defenses is that the nursing home met the standard of care. This is a simple defense that can be very effective and reducing or eliminating...
How pre-existing conditions affect a nursing home neglect defense
A nursing home neglect claim can threaten a business’s financial stability and its reputation. It can also put an individual worker at risk of being crushed by a judgment rendered against them, leaving them financially devastated and effectively ruining their career....
Defending against negligent hiring claims
Under the legal theory of respondeat superior, also referred to as vicarious liability, nursing homes may be held legally responsible for harm to a nursing home resident caused by the negligent actions of their employees. It is generally easier for residents and their...