New York City Nursing Home Fall Lawyers
Nursing Home Fall Experts with offices in Queens, Brooklyn, Manhattan & The Bronx
Falls in nursing homes are a serious concern that can result in severe injuries or even death. For elderly nursing home residents, a fall can drastically change their quality of life. If you or a loved one has suffered due to a fall in a New York City nursing home, it’s crucial to consult with specialized lawyers who can guide you through the complex legal process. At The Orlow Firm, our Nursing Home Abuse Lawyers focus on maximizing your case’s potential by investigating the incident, identifying responsible parties, and fighting for fair compensation.
- Victims may be entitled to a range of compensations, including medical expenses and emotional distress.
- Different parties may be held legally liable depending on the circumstances of the fall.
- Specific New York laws apply to nursing home falls, which must be adhered to when filing a claim.
- There is a statute of limitations for filing a nursing home fall case in New York City.
- Call (646) 647-3398 For A Free Case Evaluation
How The Orlow Firm Maximizes Your Nursing Home Fall Case
Thorough Investigation: One of the key steps in any personal injury case is a thorough investigation, and nursing home falls in New York City are no different. The Orlow Firm conducts in-depth investigations that include gathering evidence, interviewing witnesses, and obtaining medical records. By meticulously putting together the facts, we build a strong foundation for your case.
Expert Consultations: We collaborate with medical professionals, accident reconstruction experts, and other specialists relevant to your NYC nursing home fall case. These expert opinions can provide powerful insights and give your case an edge.
Legal Strategy: Crafting a compelling legal strategy is essential for any successful claim. The Orlow Firm’s New York City Nursing Home Abuse Lawyers understand the nuances of New York laws that pertain to nursing home falls. We strategically position your case for the best outcome, considering all legal avenues and tactics.
Identifying All Sources of Compensation: Many victims don’t realize that they might be eligible for various types of compensation, including medical costs, rehabilitation expenses, emotional distress, and more. We scrutinize all potential avenues for recovery to ensure you get the maximum compensation possible.
Negotiating with Insurance Companies: One of the toughest parts of personal injury cases can be dealing with insurance companies. Our seasoned lawyers are skilled in negotiating with insurers to ensure that you receive a fair settlement. If the insurance companies are not willing to cooperate, we are prepared to take your case to court.
Court Representation: If a fair settlement cannot be reached, The Orlow Firm is prepared to represent you in court. Our attorneys have a proven track record of successfully litigating nursing home fall cases in New York City.
Client Communication: Keeping you informed and involved at each stage is a priority for us. We ensure clear communication so you’re never left wondering about the status of your case.
No Win, No Fee: The Orlow Firm works on a contingency fee basis for New York City nursing home fall cases. This means you pay nothing unless we win your case, ensuring that you can seek justice without worrying about costs.
Call (646) 647-3398 For A Free Case Evaluation: It’s critical to act quickly in the aftermath of a nursing home fall. Reach out to The Orlow Firm’s specialized lawyers for a free case evaluation and to understand how we can maximize your compensation.
What Victims of Nursing Home Falls in New York Can Be Compensated For
Medical Expenses: One of the most significant costs following a nursing home fall in New York City is the medical treatment required. This can include emergency room visits, surgery, hospital stays, and ongoing medical care. Victims may be entitled to compensation for all medical costs related to the fall.
Rehabilitation Costs: Often, victims need physical therapy or other types of rehabilitation after a fall. This could mean several months or even years of treatment, and the costs can add up. Compensation can cover these expenses.
Long-term Care: In severe cases, the victim may require long-term care or a move to a specialized facility. The expenses related to this level of care can be astronomical and may be included in the compensation package.
Lost Wages and Earning Capacity: If a family member serves as a primary caregiver for the victim and has to miss work or if the victim themselves is still working, lost wages can be a factor. Furthermore, if the fall severely impacts the victim’s or caregiver’s ability to earn money in the future, they may be compensated for lost earning capacity.
Pain and Suffering: The physical and emotional trauma resulting from a nursing home fall cannot be understated. New York law allows victims to be compensated for the pain and suffering they endure, which is often a major component of the overall compensation.
Emotional Distress: The psychological impact of a fall, especially in the vulnerable setting of a nursing home, can be significant. Compensation for emotional distress acknowledges the mental anguish a victim may experience.
Loss of Quality of Life: Falls can severely impact the victim’s enjoyment of daily activities, social gatherings, and overall well-being. Although difficult to quantify, the loss of quality of life is a legitimate non-economic damage that can be claimed.
Loss of Consortium: This form of compensation is available to the spouse of a nursing home resident who has suffered a fall. It compensates for the loss of companionship, affection, and sexual relations that may result from severe injuries to a spouse.
Punitive Damages: In rare cases where the conduct of the nursing home or its staff is found to be particularly egregious or malicious, punitive damages may be awarded to deter such behavior in the future.
Call (646) 647-3398 For A Free Case Evaluation: If you or a loved one has experienced a fall in a New York City nursing home, you may be entitled to a wide range of compensations. Contact The Orlow Firm for a free case evaluation to determine what you may be eligible to claim.
Who Is Legally Liable for Nursing Home Falls Under New York Law
Determining who is legally responsible for a fall in a New York nursing home can be a complex process that involves multiple parties. Generally, the nursing home itself is often the first entity that may be held liable. They have a duty of care to ensure that their premises are safe and free from hazards that could cause falls. This includes proper staffing, regular inspections, and necessary repairs or adjustments to the facility’s environment.
However, the responsibility doesn’t always solely lie with the nursing home. Individual staff members, such as nurses or caregivers, could also be held liable if it’s found that their negligence directly contributed to the fall. This could include failure to follow protocols, inadequate supervision, or even deliberate acts that endanger nursing home residents.
In some cases, third-party contractors who are responsible for maintaining the facility could also be held accountable. For example, if a maintenance company failed to repair a broken handrail or a cleaning service left a wet floor without proper signage, they could be found liable for any resulting falls.
Additionally, manufacturers of faulty equipment, such as wheelchairs or beds, could also be held responsible if it is determined that their product malfunctioned and caused the fall.
In New York, the doctrine of “vicarious liability” may also apply, where an employer is held liable for the acts of its employees. This means that even if a staff member’s negligence caused the fall, the nursing home could still be held responsible.
Another complicating factor is the resident’s own actions or medical conditions. In some cases, a resident’s preexisting health issues or failure to adhere to medical advice could contribute to the fall. However, this does not absolve the nursing home administration or caregivers from their duty of care; they are still required to anticipate such risks and take appropriate preventive measures.
Given these complexities, it’s crucial to consult with specialized New York City Nursing Home Fall Attorneys to navigate the intricate legal landscape. The Orlow Firm has the expertise to investigate the incident thoroughly, identify all responsible parties, and advocate for your rightful compensation. For a free case evaluation, call (646) 647-3398 today.
Common Injuries Sustained in New York City Nursing Home Falls
In New York City nursing homes, falls can lead to a range of injuries, some of which may have lasting or even fatal consequences. It’s crucial to understand the various types of injuries that can occur, as the severity and nature of the injury can significantly impact the legal approach and potential compensation. Here is a list of common injuries observed in nursing home fall cases:
- Fractures and Broken Bones: Falls often result in broken arms, legs, or hips. Elderly nursing home residents are particularly vulnerable to fractures due to their fragile bones.
- Head Injuries: Falls can cause severe head injuries, including concussions and traumatic brain injuries. These types of injuries may require extensive medical treatment and can lead to long-term cognitive issues.
- Soft Tissue Injuries: Sprains, strains, and contusions are types of soft tissue injuries commonly associated with falls. While not as severe as fractures or head injuries, they can still lead to pain and discomfort.
- Spinal Cord Injuries: Falls can result in spinal cord injuries that can lead to paralysis or other forms of long-term disability.
- Cuts and Abrasions: While generally less severe, cuts and abrasions can still pose risks, especially if they lead to infection.
- Internal Injuries: These can include internal bleeding or organ damage, which might not be immediately apparent but can have severe consequences if not promptly addressed.
- Emotional and Psychological Injuries: The impact of a fall is not just physical. Many victims suffer from emotional trauma, which can lead to conditions like anxiety, depression, or post-traumatic stress disorder.
Understanding the types of injuries sustained can significantly influence the course of legal action. Different injuries may require varied treatment plans and could lead to a range of economic and non-economic damages. In any case, it’s essential to consult New York City Nursing Home Fall Attorneys for an accurate evaluation of your case and the injuries involved. If you or a loved one has suffered a fall in a nursing home facility, don’t hesitate to seek legal guidance. For a comprehensive case evaluation, call The Orlow Firm at (646) 647-3398.
Relevant New York Laws for Nursing Home Falls
New York Public Health Law Article 28: This law sets out the regulations for the operation and management of residential health care facilities, including nursing home facilities. It stipulates the standards that such facilities must adhere to, to ensure the well-being and safety of nursing home residents.
New York State’s Nursing Home Patients’ Bill of Rights: This outlines the rights and protections afforded to nursing home residents of nursing homes, including the right to a safe and comfortable living environment. Any violation of these rights may serve as grounds for legal action.
Federal Nursing Home Reform Act (FNHRA) of 1987: Also known as OBRA ’87, this federal law establishes a set of minimum federal health and safety standards that nursing homes must meet to participate in Medicare and Medicaid. The Act aims to ensure that nursing home patients receive the highest practicable physical, mental, and psychosocial well-being.
Federal Elder Justice Act: This is a part of the Affordable Care Act and aims to prevent, detect, and handle elder abuse, neglect, and exploitation, including falls due to negligence or mistreatment in nursing homes.
Americans with Disabilities Act (ADA): Although primarily focused on discrimination, the ADA mandates that nursing homes should be accessible and safe for residents with disabilities, which includes providing a fall-free environment.
Occupational Safety and Health Administration (OSHA) Guidelines: While targeted at employee safety, OSHA guidelines also include best practices for reducing hazards that can lead to resident falls. Following these guidelines can sometimes be viewed as an industry standard for resident safety.
New York Negligence Laws: While not specifically targeting nursing homes, New York’s general negligence laws form the backbone for many personal injury cases, including nursing home falls. Under these laws, the plaintiff must prove that the defendant owed them a duty of care, that this duty was breached, and that the breach directly led to their injury.
If you or a loved one has suffered a fall in a New York nursing home, understanding the relevant laws can be crucial for your case. The Orlow Firm specializes in this area and can provide expert legal advice and representation. For a free case evaluation, call (646) 647-3398.
Statute of Limitations for NYC Nursing Home Fall Cases
In New York, the statute of limitations for personal injury cases, including nursing home falls, is generally three years from the date of the injury. This time frame is crucial because once the statute of limitations expires, you lose the right to file a lawsuit to seek compensation. However, there are certain exceptions and nuances that can affect this time limit.
For instance, if the victim is a minor or mentally incapacitated, the statute of limitations may be extended. Similarly, if the injury is not discovered right away, the clock might start ticking from the “date of discovery” rather than the date the injury actually occurred.
Furthermore, if the nursing home is a government-operated facility, special rules might apply, including a shorter time frame to file a claim. It’s also essential to consider the time needed to properly investigate the claim and prepare a strong case. Given these complexities, it is highly advisable to consult New York City Nursing Home Fall Attorneys as soon as possible after the incident.
The Orlow Firm can help you navigate these legal intricacies to ensure that your case is filed within the appropriate time frame. Missing the statute of limitations could mean losing your right to seek justice and compensation, so act swiftly. For a comprehensive case evaluation, call The Orlow Firm at (646) 647-3398.
Prevention Methods for Falls in New York City Nursing Homes
Prevention is the first line of defense in reducing the risks of falls in nursing homes, and there are several effective strategies that can be employed to achieve this. Staff training is paramount; caregivers must be well-versed in the best practices for assisting residents in mobility, and they need to be knowledgeable about how to use equipment like walkers or wheelchairs safely. Regular assessments of the residents’ physical and mental health can also help in tailoring fall prevention plans to individual needs.
Environmental factors should be carefully considered. Lighting must be adequate, especially in areas where residents are likely to move around, like hallways and bathrooms. Flooring should be kept clean and dry at all times to prevent slips. Attention must also be paid to the types of flooring material used; certain types can be too slippery or difficult for residents to walk on safely.
Additionally, clutter and obstacles should be removed from walking paths. Simple fixes like securing loose rugs, clearing cords from walkways, and removing any unnecessary furniture can go a long way in reducing trip hazards. The use of assistive devices like grab bars in restrooms and railings in hallways can offer extra support to residents who need it.
Proper medication management is another critical factor. Some medications can cause dizziness, lethargy, or other side effects that might make a fall more likely. Medical providers should regularly review medication regimens to ensure they’re not contributing to fall risks.
Family members should also be involved in prevention efforts. Frequent visits can not only boost the morale of the resident but also provide additional eyes to notice any potential fall hazards or signs that the resident may be at increased risk.
By taking a comprehensive approach to fall prevention, many of the risks can be significantly mitigated. If you or a loved one has experienced a fall in a New York nursing home, consult The Orlow Firm for an in-depth case evaluation and to understand your legal options. Our team is highly experienced in this area of law and can guide you through the legal process. To speak with a New York Nursing Home Abuse Attorney, call (646) 647-3398.
- Centers for Medicare & Medicaid Services (CMS) Nursing Home Data: Comprehensive datasets related to nursing home quality, inspections, and ratings can be found on the CMS website. This data can be useful when considering the safety records of different facilities.
Visit CMS Nursing Home Data
- New York State Department of Health, Nursing Homes in New York: This resource provides useful information about the quality of care in New York State nursing homes, including safety violations and resident complaints.
Visit New York State Department of Health
- CDC Guidelines on Fall Prevention: The Centers for Disease Control and Prevention offers scientifically-backed recommendations for preventing falls in older adults.
Visit CDC Guidelines
- Agency for Healthcare Research and Quality (AHRQ) Fall Prevention Toolkit: This toolkit offers evidence-based guidelines for healthcare providers but can also give family members an idea of what protocols should be in place at a nursing home.
Visit AHRQ Fall Prevention Toolkit
- Family Caregiver Alliance: While this is generally a resource for caregivers, it has valuable insights into what to look for in a nursing home to ensure that your loved one is less susceptible to falls.
Visit Family Caregiver Alliance
If you believe that you or a loved one has experienced a fall due to negligence in a New York City nursing home, it’s crucial to seek legal advice as soon as possible. The Orlow Firm is here to help. For a free case evaluation, call (646) 647-3398.
Frequently Asked Questions
What if I partly contributed to the accident?
New York follows the rule of “comparative negligence,” which means that even if you partially contributed to the accident, you can still recover damages, although they may be reduced in proportion to your fault.
Do I have to go to court?
Not necessarily. Many nursing home fall cases in New York are settled out of court through negotiations. However, if a fair settlement cannot be reached, going to court may be necessary.
How much does it cost to hire The Orlow Firm?
The Orlow Firm generally works on a contingency fee basis, meaning you only pay if you win your case. The fee is typically a percentage of the settlement or award.
How long does it take to resolve such cases?
The timeline can vary widely depending on the complexity of the case, availability of evidence, and willingness of both parties to negotiate. Some cases may resolve in a few months, while others could take years.
How quickly should I contact a lawyer?
It’s advisable to contact a New York City Nursing Home Fall Lawyer as soon as possible after the incident. Quick action ensures that evidence is preserved and that you are within the legal time frames for filing a case.
What is my case worth?
The value of your case can depend on a variety of factors, such as the extent of the injuries, medical costs, and other damages. Each case is unique, and only after a comprehensive review can an accurate estimation be provided.
For any other questions or a free case evaluation, call The Orlow Firm at (646) 647-3398.
Why Choose The Orlow Firm?
Choosing the right legal representation can significantly impact the outcome of your case. The Orlow Firm stands out as a leading choice for New York Nursing Home Fall Lawyers because of our extensive experience, deep understanding of the complexities involved in nursing home negligence, and a track record of obtaining favorable settlements and verdicts for our clients. We are committed to thorough case preparation, expert negotiation, and if necessary, aggressive courtroom litigation. Our client-centered approach means that we give personalized attention to every case, taking the time to understand your unique circumstances and needs. When you entrust your case to The Orlow Firm, you can rest assured that you have a team of dedicated professionals fighting for the justice and compensation you deserve. To learn more about how we can help, call us today at (646) 647-3398 for a free case evaluation.