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Reviewed by an award-winning attorney at DALLI MARINO
Salvatore Marino, Esq. is a founding member of Dalli & Marino, LLP, and has been the managing partner since the firm’s inception in 1996, representing clients in New York City, Brooklyn, Bronx, Queens, Staten Island, Nassau County, Suffolk County and Westchester.
Quick Answer
Nursing homes have a responsibility to provide well-rounded, proper care for residents. If nursing home staff injure your loved one through negligence or abuse, filing a nursing home lawsuit is a crucial step in seeking compensation. However, this process can be daunting without knowing what to expect. Understanding the legal timeline and the factors that influence it can help you navigate the path forward with confidence.
When Can You Sue a Nursing Home?
A lawsuit may be filed when a nursing home, its staff, or administrators fail to provide proper care and that failure causes injury, illness, or other harm to a resident. Some of the most common incidents that lead to nursing home abuse lawsuits and nursing home neglect lawsuits include severe bedsores caused by failure to reposition residents as well as falls that result in broken bones or fractures.
Other situations that may lead to a lawsuit include medication errors, malnutrition or dehydration, and infections caused by poor hygiene or unsanitary conditions. Lawsuits may also involve sexual abuse, which can lead to both serious physical injury and lasting emotional harm.
In general, lawsuits arise when evidence shows that the nursing home failed to meet accepted standards of care and that failure directly caused harm.
How Long Does it Take to Settle a Nursing Home Lawsuit?
Nursing home lawsuits can take months or even years to settle. How long a case takes depends on several factors.
- Evidence Gathering: Evidence can take time to gather. You’ll need documentation of the patient’s injuries and/or neglect, which can include photographs, witness statements, treatment logs, and physical examination records. You will also need information that demonstrates the scope of the abuse and/or neglect.
- The Parties Involved: Nursing home lawsuits can involve many different parties. For example, on-site staff may be responsible for injuries, neglect, and abuse, but owners and operators can also play a role—especially if the facility is understaffed. The more parties are involved, the more complex the case and the longer it can take to settle.
- The Types of Injuries Sustained: The type of injuries a resident has suffered also plays a role in the timeline of a nursing home lawsuit. Certain types of cases where severe harm is involved, such as sexual abuse, may require a more extensive investigation and therefore extend the process.
- Administrative Hurdles: Court procedures and the nursing home’s litigation history can also impact how long a case takes to settle. Court backlogs and scheduling delays may slow down the process, especially if the case goes to trial.
What Is the Nursing Home Lawsuit Process in New York?
The legal process for a nursing home abuse or neglect lawsuit typically involves several stages, beginning with investigation and potentially ending in settlement or trial.
Investigation
The process usually begins by gathering evidence about what happened. This may include reviewing medical records, care plans, incident reports, and staffing records. Photographs of injuries, witness statements, and expert medical opinions may also be collected to evaluate whether the resident received appropriate care.
Determining Liability
After reviewing the evidence, the next step is identifying who may be responsible. Liability may involve the nursing home, staff members, or companies responsible for managing or operating the facility. Claims often focus on failures such as inadequate supervision, medication errors, understaffing, or ignoring signs of abuse or medical distress.
Filing the Lawsuit
Once enough evidence has been gathered, a formal complaint is filed in court. The complaint explains the allegations, describes how the resident was harmed, and identifies the parties being sued. The defendants are then notified and given the opportunity to respond.
Discovery
During discovery, both sides exchange evidence and information related to the case. This stage may involve document requests, written questions, and sworn testimony known as depositions. Discovery often reveals important details about the nursing home’s policies, staffing levels, and prior complaints.
Settlement or Trial
Many cases resolve through settlement negotiations before trial. But if an agreement cannot be reached, the case may proceed to trial, where both sides present evidence and arguments before a judge or jury. The court then determines whether the nursing home is responsible and what damages, if any, may be awarded.
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What Financial Compensation Can You Recover Through a Nursing Home Lawsuit?
A nursing home abuse or neglect lawsuit seeks financial recovery for the harm caused by improper care. The types of compensation available depend on the injuries and circumstances of the case, but they generally address both financial losses and the physical or emotional impact on the resident.
Medical Expense
If neglect or abuse causes injuries, the resident may require hospitalization, rehabilitation, wound care, or ongoing treatment. A lawsuit may seek compensation for both current and future medical costs related to the harm.
Pain and Suffering
Residents who experience abuse or neglect may endure physical pain, emotional distress, and a reduced quality of life. Compensation may be pursued for these non-economic losses.
Other Costs
Families may also seek recovery for additional care costs if the resident must move to another facility or requires a higher level of care due to the injuries.
Wrongful Death
If abuse or neglect results in death, surviving family members may bring a wrongful death claim to recover damages related to the resident’s passing. These damages may include medical costs tied to the final injury or illness and other losses recognized by law.
How Nursing Home Lawsuits Can Make a Difference
Nursing home lawsuits do more than seek compensation for injured residents. They can also expose unsafe practices and encourage facilities to improve how they care for vulnerable individuals.
During a lawsuit, evidence may reveal problems such as understaffing, inadequate training, or poor supervision of employees. Bringing these issues to light can prompt facilities to change policies, improve oversight, and strengthen safety procedures.
Legal action can also bring attention to patterns of neglect or abuse that might otherwise remain hidden. When facilities are held accountable, they are more likely to take steps to prevent similar harm in the future.
Frequently Asked Questions About Nursing Home Lawsuits in New York
A nursing home resident may file a lawsuit, or if they are incapacitated—meaning they are unable to make decisions for themselves—someone else may file it on their behalf. This includes family members of the nursing home resident, people who have power of attorney for the resident, and those who are representatives of the resident’s estate.
In New York, the statute of limitations for suing a nursing home for abuse or negligence is generally three years from the incident date. However, if the case involves wrongful death, the statute of limitations is two years from the date of the resident’s death. It’s crucial to act promptly, as missing these deadlines could bar you from seeking justice for your loved one’s suffering or death.
The average nursing home abuse settlement in New York can vary widely, often ranging from tens of thousands to several million dollars. Several factors influence the settlement or verdict amount, including the severity and type of abuse, the extent of the victim’s injuries, and the impact on their quality of life.
In addition, the strength of the evidence presented, such as medical records, witness testimony, and expert opinions, also plays a critical role in determining the settlement. Additionally, the nursing home’s history of similar incidents, financial standing, and the legal strategies employed by both sides can affect the final amount. In severe or systemic abuse cases, settlements tend to be higher due to the gravity of the harm inflicted and to serve as a deterrent against future misconduct.
How Can Dalli & Marino Help With My New York Nursing Home Negligence or Abuse Case?
Hiring a Dalli & Marino attorney offers several key benefits when pursuing a nursing home abuse case in New York. First, our track record speaks for itself, with clients having won millions of dollars in settlements and verdicts in nursing home lawsuits. While no attorney can or should promise a favorable outcome, our success is a testament to our ability to secure the compensation our clients deserve.
Second, we have been practicing law for several decades. With experience dating back to 1995, we are well-versed in New York’s laws, rules, and regulations governing nursing homes. Our extensive experience allows us to navigate the complexities of nursing home abuse cases with confidence and expertise, providing clients with the best possible representation.
Further, we are diligent in our approach. Unlike other firms, our experienced attorneys meticulously screen every case ourselves. Our commitment to help nursing home residents live their lives with dignity goes beyond individual cases – we aim to resolve your legal problems while advocating for systemic change in nursing home care.
