According to CVP §214(5), the statute of limitations in most cases for suing a nursing home in New York is three years. (This contemplates that the nursing home is not government-owned, in which case different and typically shorter time limitations apply.) The way that this rule applies can vary depending on unique factors in each case, however. An example is the discovery tolling rule, which pauses the statute of limitations when certain criteria are met.
It is important to make sure that you understand how the statute of limitations applies to your case. If you do not file your lawsuit by this deadline, you waive your right to pursue compensation in court. Still, there are a few steps that would ideally be taken before you can file, including gathering evidence and understanding the amount of compensation your family qualifies to seek.
Proving Nursing Home Abuse
A nursing home abuse case typically falls under the category of personal injury lawsuits. In this type of case, the plaintiff must show that the defendant acted carelessly, and their actions caused injuries and other consequences. You may have also heard this type of case referred to as a negligence action.
There are four elements that you must prove in order to show that someone was negligent. If you cannot prove all four elements, then you will not be awarded any compensation.
The Nursing Home has a Duty to Protect
The first element of negligence requires you to show that the defendant owed your loved one a duty of care. When it comes to a nursing home resident, the facility and staff members owe the resident a duty to act with reasonable care and skill.
This includes treating their medical needs, providing adequate nutrition, and ensuring that the resident is safe and healthy. If the resident has specific medical conditions, like Alzheimer’s disease, the duty of care also requires that proper steps are taken to address those conditions.
Abuse is a Breach of Duty of Care
The second element requires you to show that the nursing home facility did not treat your loved one according to this duty of care. Examples of a breach in a nursing home abuse case include:
- Depriving the resident of adequate nutrition or hydration
- Providing the wrong medications
- Failing to monitor for conditions like bedsores
- Failing to assist with bathing and dressing
More obvious examples of a breach include physical, verbal, sexual, and emotional abuse.
Causation Between Nursing Home Abuse and Resident Injuries
Next, you must prove that the defendant’s breach of the duty of care caused the resident’s injuries. If the defendants can show that something else was a major cause of the resident’s injuries, like a pre-existing medical condition, then compensation may not be available. It is usually necessary to work with a medical expert who can review the case and testify how the lack of adequate care caused the resident’s injuries.
Damages Resulting from the Abuse
Finally, you will need to provide documentation to support the compensation you seek in the lawsuit. A few examples of damages that plaintiffs may seek compensation for in this type of case include:
- Medical bills
- Medical equipment and devices
- Diminished quality of life
- Pain and suffering
- Estimated ongoing medical care costs
There may be other types of damages that you can claim in the lawsuit. Working with a lawyer from our team will help you make sure that you account for every single expense.
In some devastating cases, a nursing home resident may lose their life because of the facility’s carelessness. We understand how painful this is for surviving family members. If this happened to your family, we extend to you our heartfelt condolences. You have the option of filing a wrongful death lawsuit against the facility, and our firm is ready to take this on for you. We consider it a special privilege to fight for surviving family members of nursing home abuse wrongful death victims. We are dedicated to winning the compensation you need and the justice your departed loved one deserves.
Support our Firm can Offer
When we represent your family, our team will assist you with many different aspects of the case. From answering your initial questions to representing you in court, having a lawyer by your side can make the process much smoother and give you the confidence you need.
Some of the ways that we will support you include:
- Keeping you updated on the progress of your case
- Identifying all liable parties
- Communicating with all parties for you
- Collecting evidence
- Determining a value for your case
- Fighting to win the best possible case outcome for you
A Free Consultation with an Attorney is Waiting
Realizing that a nursing home failed to live up to its promise is devastating. At Friedman & Simon, L.L.P., we understand the effects this can have on the victim and their family. Allow our multilingual staff to take care of your case. We can meet with you on Long Island or elsewhere in the New York metropolitan area.
To learn more about the statute of limitations for suing a nursing home in New York and how to pursue compensation from a negligent nursing home, call us now. We offer a free consultation to help you get the information you need to make an informed decision about how to proceed. Dial (516) 932-0400 to get started.