Residents in long-term care facilities typically require close medical monitoring, proper medication management, and timely treatment for chronic illnesses and acute conditions. Unfortunately, it is not uncommon for nursing homes to fail to provide residents with competent medical care, which can lead to infections, untreated wounds, preventable hospitalizations, or rapid physical decline. Such errors are often more than mere oversights or omissions; they frequently constitute medical neglect and may be grounds for pursuing claims against the nursing home. If you or a loved one were harmed due to inadequate medical care in a nursing home, you could be owed damages, and you should talk to an attorney. The assertive Syracuse nursing home negligence attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers have what it takes to prevail against negligent nursing homes, and if you engage our services, we will work tirelessly on your behalf. We regularly represent parties in cases against nursing homes in Syracuse, Rochester, and Upstate New York.
What Constitutes Medical Neglect in Nursing HomesMedical neglect in nursing homes occurs when staff members fail to provide the necessary medical care that residents require to maintain their health and well-being. This neglect can take many forms, such as failing to administer prescribed medications, ignoring signs of infection, neglecting to monitor residents with chronic conditions like diabetes or heart disease, or delaying necessary medical evaluations and treatments. In some cases, medical neglect results from systemic issues like understaffing, inadequate training, or cost-cutting measures that prioritize profits over patient care.
The consequences of medical neglect in nursing homes can be dire. Residents may suffer from untreated infections that develop into sepsis, bedsores that progress into deep wounds, or malnutrition and dehydration that leave them weak and vulnerable. Inadequate medical monitoring may cause preventable strokes, cardiac episodes, or severe diabetic complications. Beyond physical harm, residents often endure unnecessary pain, diminished quality of life, and emotional distress.
Establishing Liability for Medical Neglect in Nursing HomesClaims involving medical neglect in nursing homes are typically pursued under theories of negligence. To prevail on a negligence claim, a plaintiff must establish four elements: duty, breach, causation, and damages. In New York, nursing homes have a clear duty to provide residents with appropriate medical care. This duty arises not only from common law but also from statutory and regulatory requirements. Under the federal Nursing Home Reform Act, facilities must maintain the ability to provide the highest practicable physical, mental, and psychosocial well-being for each resident, including necessary medical treatment. Similarly, New York’s Public Health Law requires nursing homes to meet professional standards of medical care and to ensure residents are free from neglect.
A breach occurs when a nursing home fails to meet this legal duty. Examples of breaches include ignoring a physician’s care orders, failing to document or communicate significant changes in a resident’s health, or neglecting to provide necessary wound care, hydration, or medication. These failures are not simply oversights; they represent a failure to comply with the standards imposed by both state and federal law.
Causation requires showing that the breach of duty directly resulted in the resident’s harm. This element often requires expert testimony from physicians, nurses, and other specialists who can explain how the resident’s injuries or decline were the direct result of inadequate medical care. For instance, an expert may testify that if a resident’s infection had been promptly treated, hospitalization and permanent injury could have been avoided. Establishing this link is critical, as nursing homes may attempt to argue that the harm was inevitable due to the resident’s advanced age or underlying conditions.
Finally, the plaintiff must prove the damages they sustained. In cases of medical neglect in nursing homes, damages may include reimbursement for medical costs associated with hospitalizations, surgeries, or long-term treatment, as well as compensation for pain and suffering, disability, emotional trauma, and diminished quality of life. In cases where medical neglect results in death, families may pursue wrongful death claims to recover for funeral expenses, loss of companionship, and other legally recognized losses.
Speak with an Experienced Nursing Home Negligence Attorney in Syracuse, Rochester, or Upstate New YorkMedical neglect in nursing homes is never acceptable, and families should not have to stand by while a loved one suffers because of inadequate care. If you believe that your loved one has suffered due to medical neglect in a nursing home, it is critical to act quickly to protect your rights, and you should talk to an attorney as soon as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse nursing home negligence attorneys are committed to giving residents and their families a voice against negligent facilities, and if you hire us, we will help you pursue the justice you deserve. Our main office is in Syracuse, and we regularly represent clients in Syracuse, Rochester, and across Upstate New York. Contact us today at 833-200-2000 or through our online form to arrange a free and confidential consultation.