Nursing Home Negligence in New York: A Real Case Study
we share real-life case studies from across New York State to help explain what can happen in personal injury cases, and how we help families through these challenging situations.
This week’s focus is on a heartbreaking but unfortunately common issue: a parent or grandparent suffering an injury in a nursing home or elder care facility.
Why Nursing Home Injuries Happen
As people age, they naturally become more vulnerable to serious injuries—especially from falls. But while some falls can be accidental, many are preventable. In New York, nursing homes are legally required to follow strict protocols to keep residents safe, especially if a resident has been identified as a fall risk.
Unfortunately, not all facilities meet those standards. In fact, many New York nursing homes have faced scrutiny for inadequate care, staff shortages, and neglect. This lack of proper care often leads to preventable injuries and even deaths.
Case Overview: Negligence Leading to Death After a Fall
In this particular case, we represented the family of an elderly woman in her 80s who was living in a New York City nursing home. Despite being generally healthy for her age, she had been flagged by staff as a “fall risk” after showing signs of unsteadiness while walking.
This designation should have triggered safety measures: supervision while walking, bed alarms, side rails, and other precautions to prevent her from getting up and walking unassisted.
But none of that happened.
As a result, she got up alone, fell, and broke her hip.
What followed was a tragic downward spiral. After her injury, the staff failed to properly care for her during recovery. They neglected to reposition her regularly in bed, a basic but essential step in preventing pressure ulcers (also known as bedsores). These sores progressed to a dangerous stage, leading to sepsis—a life-threatening infection—and ultimately, her death.
Taking Legal Action in New York
The woman’s family came to us looking for help and justice. Here’s how we handled the case:
- Appointing an Administrator: We helped one of her sons get appointed as the administrator of her estate so he could legally pursue a claim.
- Investigating the Facts: We obtained the facility’s records and brought in a nursing care expert who confirmed that the facility’s actions—and inactions—violated standards of care.
- Filing the Lawsuit: We filed a lawsuit in New York City and began the litigation process. This included depositions (sworn testimony) from nursing home staff and family members.
- Preparing for Trial: The case was headed to trial, but just before the court date, the case settled.
This outcome is typical in many nursing home negligence cases. Facilities often wait until the last moment to resolve these claims, but it doesn’t change the underlying truth: this death was preventable.
Know Your Rights Under New York Law
In New York State, nursing homes are required by law to provide a standard level of care. If they don’t—and your loved one is hurt as a result—you may have the right to pursue a claim for negligence or wrongful death.
These types of cases can include:
- Falls resulting in serious injury
- Bedsores or pressure ulcers
- Failure to monitor or assist residents
- Inadequate staffing or training
- Medical neglect
If Your Family Member Has Been Hurt in a New York Nursing Home
If someone you love has suffered an injury or death in a nursing home, don’t wait. Time is critical in preserving evidence and building a strong case.
We handle nursing home negligence cases throughout New York, and we understand the emotional and legal complexities involved. We’re here to guide you through the process and fight for the justice your loved one deserves.
Contact us today for a free consultation.