Suing a Nursing Home for a Fall in NYC

Are Nursing Homes Liable for Falls?

Nursing homes have a legal duty of care to their residents. This means they are required to take reasonable steps to keep residents safe, including assessing fall risks, implementing appropriate safety measures, and providing adequate supervision and staffing.

When a nursing home fails to meet this standard and a resident is injured as a result, the facility can be held liable for negligence.

Common Causes of Falls in New York Nursing Homes

Falls in nursing homes are rarely random. They are typically the result of one or more failures on the part of the facility or its staff. The most common causes include:

• Inadequate supervision or staffing. When a facility is understaffed or staff are inattentive, residents who need assistance moving around may attempt to do so on their own, increasing the risk of a fall.
• Failure to assess fall risk. Nursing homes are required to evaluate each resident’s risk of falling and create a care plan to address that risk. Skipping or ignoring this assessment can lead to preventable injuries.
• Unsafe environment. Wet floors, poor lighting, cluttered hallways, lack of grab bars, or improperly maintained equipment can all create hazardous conditions.
• Improper use of restraints or assistive devices. Using the wrong equipment or failing to use necessary equipment can put nursing home residents in danger.
• Medication errors. Certain medications cause dizziness, low blood pressure, or confusion. Failing to account for these side effects in a resident’s care plan can contribute to falls.
• Failure to respond to known risks. If a resident had fallen before or had documented risk factors and the nursing home did not adjust their care plan accordingly, that failure may constitute negligence.

Can You Sue a Nursing Home for a Fall?

Yes. If the fall was caused by the nursing home’s negligence, you may be able to file a personal injury lawsuit on behalf of your loved one. To succeed in a nursing home fall lawsuit, you generally need to establish four things:

• Duty of care. The nursing home had a legal obligation to keep your loved one safe.
• Breach of duty. The facility failed to meet that obligation. For example, by ignoring a known fall risk or maintaining an unsafe environment.
• Causation. That failure directly caused the fall and resulting injuries.
• Damages. Your loved one suffered real harm as a result, which may include physical injury, medical expenses, pain and suffering, or other losses.

How Long Do You Have to File a Nursing Home Fall Lawsuit in New York?

Time is a critical factor in any personal injury case. In New York, the statute of limitations for a personal injury claim based on negligence is generally three years from the date of the injury, pursuant to N.Y. C.P.L.R. § 214(5). If you miss this deadline, you will likely lose the right to pursue compensation entirely.

However, the specific deadline that applies to your case can vary depending on the circumstances. Certain exceptions may extend or shorten the filing window. It is important to consult with an attorney as soon as possible after a nursing home fall to ensure your claim is filed on time.

How Does a Nursing Home Fall Lawsuit Work?

While every lawsuit is different and involves its own unique set of facts and circumstances, they all generally tend to progress in a similar manner.

1. Initial Case Evaluation and Investigation

The nursing home lawsuit process begins with an initial case evaluation, which consists of a consultation and an investigation of the claim. Once your lawyer accepts your case, they’ll begin a more in-depth investigation to determine if the claim involves mistakes in medical care that rise to the level of medical negligence.

2. Initial Complaint

The plaintiff will then file a complaint in the court with proper jurisdiction over the case. The “complaint,” as defined by Black’s Law Dictionary 323 (9th ed. 2009), is“[t]he initial pleading that starts a civil action and states the basis for the court’s jurisdiction, the basis for the plaintiff’s claim, and the demand for relief.”

This document is then served to the defendant in the case, who will then have an opportunity to respond by filing what’s referred to as an Answer. An Answer, in this case, is “[a] defendant’s first pleading that addresses the merits of the case, usually by denying the plaintiff’s allegations.” Once these documents have been submitted and exchanged, the case moves forward to the discovery phase.

A defendant may choose to take another path in lieu of filing an Answer, which involves choosing to file a “Motion to Dismiss” in response to the Complaint instead. In this case, the plaintiff will have the opportunity to file a response to this motion and a subsequent hearing will be held. At the hearing, each party will argue as to why the case should or should not be dismissed and the judge will decide if the case will continue. If the judge continues the case, the defendant will file their Answer and the case will move to the discovery phase.

3. The Discovery Phase

During this phase of litigation, each party will build their case and learn information from the other side using various discovery tools. Some of the most common methods to obtain discovery include interrogatories, requests for production, requests for admission, and depositions.

The discovery phase takes time to complete. How long this phase lasts will depend on a number of factors. For example, the discovery in a more complex case generally takes a longer amount of time than the discovery in a simple one. This period can also last longer if there are a lot of disputes over evidence or witnesses. For instance, if the plaintiff requests a document or photo and the defense objects to producing that piece of evidence, the parties may have to go before a judge in a hearing in order to have the judge decide if the document must be produced.

Once the discovery phase is complete, the case may then proceed to trial.

4. Settlement Discussions

Most people aren’t aware that many cases of this nature aren’t decided at trial by a judge or jury. Instead, a majority of civil cases end in a settlement agreement. This arrangement is reached through a settlement discussion that can occur throughout the litigation process. A settlement agreement can be extended through negotiations between parties or using another method, such as mediation.

Mediation is a process where a neutral third party—the mediator—is brought in to hear arguments from both the plaintiff and defendant and help the parties voluntarily resolve the case. The mediator doesn’t propose a solution or rule on the case. Instead, the mediator will review the case, evaluate the claims on both sides, and help the parties negotiate between themselves in order to resolve the case. If the mediator is unable to get both sides to come to an agreement, the lawsuit will move forward to trial.

5. Trial

In general, trials follow a similar format. The plaintiff goes first, making their case to the judge or jury by presenting the evidence that they’ve collected and questioning various witnesses who know pertinent information. The plaintiff will try to show, by a preponderance of the evidence, that the defendant should be held liable for the plaintiff’s injuries.

After the plaintiff has completed their presentation of the evidence, it’s the defendant’s turn to make their case. They’ll present evidence and question witnesses who show why they’re not responsible for the plaintiff’s injuries. Once both sides rest, each party has the opportunity to make a closing argument.

The case then goes to the trier of fact—either a judge or a jury—who will deliberate and render a verdict.

What Compensation Can You Recover for a Fall in a Nursing Home?

If the nursing home is found liable, you may be entitled to recover several types of damages including:

• Emergency medical expenses. A serious fall often requires immediate medical attention, including emergency room visits, ambulance costs, diagnostic imaging, and surgery. These costs can be recovered as part of a claim.
• Ongoing medical treatment. Injuries from nursing home falls, particularly fractures and head injuries in elderly residents, frequently require extended medical care, including follow-up appointments, specialist visits, and prescription medications.
• Rehabilitation costs. Many fall victims require physical therapy, occupational therapy, or inpatient rehabilitation to recover function and mobility. These costs can be substantial and are recoverable.
• Long-term care costs. A serious fall can leave a resident with permanent disabilities that require a higher level of care than before. If the injury results in increased care needs, those additional costs may be recoverable.
• Pain and suffering. Beyond financial losses, your loved one may be entitled to compensation for the physical pain and emotional distress caused by the fall and resulting injuries.
• Loss of enjoyment of life. A debilitating fall injury can strip a resident of their ability to participate in activities they once enjoyed. Compensation may be available for this diminished quality of life.
• Wrongful death damages. If a nursing home fall proves fatal, surviving family members may be able to file a wrongful death lawsuit. Recoverable damages can include funeral and burial expenses, the loss of the deceased’s companionship, and the emotional suffering of family members.

What Evidence Matters in a Nursing Home Fall Case?

Building a strong nursing home fall case depends on gathering the right evidence. Because nursing homes are required to maintain detailed records, there is often a significant paper trail. Key types of evidence include:

• Medical and nursing records. These documents show the resident’s condition before and after the fall, any prior fall history, medications being administered, and what care was, or was not, provided.
• Incident reports. Nursing homes are required to document falls in incident reports. These reports can reveal how the fall was described by staff, whether it was reported promptly, and whether corrective action was taken.
• Fall risk assessments. Nursing homes must conduct and document regular fall risk assessments. If the facility failed to assess your loved one’s risk, or failed to act on a known risk, this is critical evidence of negligence.
• Staffing records. Understaffing is a leading contributor to nursing home falls. Staffing logs can help establish whether adequate personnel were on duty at the time of the incident.
• Surveillance footage. Video evidence from the facility can show exactly how the fall occurred and whether staff were present and responsive.
• Witness statements. Statements from other residents, family members, or staff who witnessed the fall or have knowledge of the facility’s practices can be valuable.
• Expert testimony. Medical and nursing home care experts can testify about the standard of care, how it was breached, and the extent of the resulting injuries.
• Electronic health records (EHRs). Modern nursing facilities maintain electronic records that can capture a detailed timeline of a resident’s care, and any gaps in it.

It is important to note that evidence can disappear quickly. Surveillance footage gets overwritten, records get lost, and memories fade. Acting promptly after a nursing home fall gives your attorney the best chance of preserving the evidence needed to support your claim.