Empowering Individuals (518) 308-8339

TalkLex Blog

What Constitutes Negligence For Nursing Homes and Hospitals, and How an Attorney Can Help You

Posted by Scott M. Peterson | Jun 13, 2015 | 0 Comments

People do not call lawyers when things go right at a hospital, rehabilitation facility, or nursing home. They call us when things go wrong, often horribly wrong. At D'Orazio Peterson we represent clients who have been injured—or in some cases have even lost their lives—as a result of the failure by a hospital or health care facility to act within reason.

What Is Hospital Or Nursing Home Negligence?

Hospital or nursing home negligence is the “failure of the facility to provide adequate care” under the given circumstances, or in legalease: “the departure from reasonably accepted standards of care”.

There is often (but certainly not always) a difference between negligence and medical malpractice. In some cases, the injuries occurred as a result of a failure by members of the hospital or nursing staff, rather than its physicians. An example of this would be where the physician had ordered that a patient be restrained or observed, in order to prevent a fall, but the staff failed to follow the order, allowing the patient to fall and suffer an injury.

Download Your Copy of 5 Common Questions From Victims of Hospital or Nursing Home Negligence (And How to Get the Answers) Free!

Often the victim of hospital or nursing home negligence arrived at the facility in a weakened state due either to age or a recent medical procedure, which requires even greater attention to detail by members of the hospital staff. Unfortunately we have found that far too often these individuals are left either unattended for lengthy periods of time, or are otherwise subjected to improper care and treatment, leaving them worse off then when they arrived.

Our attorneys represent victims of hospital and nursing home negligence in a variety of different cases. These frequently involve:

  • Pressure Sore/Ulcers
  • Improper Monitoring of patients
  • Assault (physical and sexual) by other patients and/or healthcare providers
  • And more.
How Does A Hospital/Nursing Home Negligence Lawsuit Proceed?

The first step in filing suit against a hospital or nursing home for the injuries or death of a loved one is obtaining relevant medical records and having them reviewed by an expert physician or nurse. These reports can provide substantial insight into the actions of the staff members, and will provide a framework for your potential case.

Once this review is complete and we file your lawsuit, the litigation will take anywhere from 8-18 months, depending upon your jurisdiction. The period between filing of the lawsuit and the trial will include exchange of information between the parties, depositions and examinations of relevant witnesses before trial, and any other action necessary to prepare for trial.

Keep in mind that there are strict timelines in hospital or nursing home negligence lawsuits. If you fail to comply with these the case may be over. It is also important to keep in mind that there are specific laws designed to protect victims of hospital or nursing home failures. It is, therefore, very important to select a hospital & nursing home negligence attorney experienced in successfully handling these timelines.

There Are Laws in Place to Protect Victims of Hospital & Nursing Home Negligence

New York Public Health Law 2801-d permits a victim of hospital or nursing home negligence, or their family member in some instances (i.e. death) to bring an action under the law in addition to a standard hospital or nursing home negligence claim. Under the Public Health Law if the hospital or nursing home “deprived” the patient of any “right or benefit”, they may be liable for damages including, in severe cases, punitive damages, as well as attorneys fees.

If you or someone you love has suffered due to negligence in a New York nursing home or hospital, call D'Orazio Peterson today at 518-308-8339. From our Saratoga Springs office, we serve Albany, New York City, and the entire state. Speak with one of our attorneys today to discuss your potential case.

About the Author

Scott M. Peterson

Scott M. Peterson is the founding partner of D'Orazio Peterson, having left a partnership at a large regional law firm to limit his practice and focus on helping people protect their families.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Subscribe To Our Newsletter

Join our list and receive weekly updates about the law (we promise it won't be boring, and we don't share your information with anyone).