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The decision to place a parent or other loved one in a long-term care facility is one of the most difficult that most of us will ever make. The only thing that makes it easier is the promise that our loved one will receive a higher degree of care than would have been available through in-home care. Unfortunately, that promise is broken far too often. Nursing home negligence can take many forms, but one of the most common issues is improper medication. Depending upon the type of drug, the results of improper medication can include kidney and heart problems, drug addiction, and even a tragic death. If your family member has suffered because of negligence at a Long Island nursing home, the nursing home abuse attorneys at Duffy & Duffy can help you seek compensation for your loved one’s harm.
In negligence cases such as those involving nursing homes, a person seeking to recover financial compensation for another party’s conduct must begin with a showing that the defendant owed a duty of due care to the victim. This can be complex because several different state and federal laws may come into play in establishing the duty of care owed to a patient.
For instance, federal law prohibits the use of antipsychotic drugs as a chemical restraint because a nursing home is supposed to manage its residents in a manner that does not place the residents at undue risk. Unfortunately, this rule is sometimes ignored, with the result being that a nursing home resident may be improperly medicated with drugs intended to treat serious mental disorders, such as bipolar disorder and schizophrenia, simply to keep him or her quiet. Residents may also be given sedatives that they do not need so that they are easier to control.
Once the duty of care owed by a nursing home is established, the party seeking to recover must show a breach of that duty. Although it cannot always be proven that a facility acted intentionally, less culpable conduct may be also actionable. With most residents requiring at least one or two prescription medications and nursing homes in Long Island being understaffed in many areas, mistakes are not uncommon.
Once a legal duty has been established and it has been shown that the duty was breached, a claimant must next show that the Long Island resident suffered damages as a result of the nursing home’s medication error. Damages in negligence cases can include items like medical expenses, the costs of future treatment, and pain and suffering. When an injured person is still of working age, damages may also include lost wages or the loss of earning capacity due to disability.
There must be a causal connection between the breach of duty and the damages complained of on behalf of the resident. In other words, the claimant must prove that the nursing home’s actions directly caused harm to the injured individual, this could be physical, sexual or even financial harm.
Generally, the statute of limitations for personal injury in New York is three years. However, cases arising under the law of medical malpractice (which includes some, but not all, nursing home cases) allow only two and a half years in which to sue, and a wrongful death case must be brought within two years. An experienced attorney can determine the deadline for filing suit in a particular situation. It is important to seek counsel promptly, since the failure to bring a claim within the applicable statutory time frame will result in any potential recovery being barred.
If you have concerns about medication errors in Long Island nursing homes, call the injury lawyers at Duffy & Duffy to schedule an appointment with a member of our team. You can reach us at (516) 469-3746 or via the online contact form on this website.
Please be prepared to bring with you any medical records, prescriptions, bills, or other documentation concerning your family member. In many cases, we do not require an upfront fee to accept a case.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.
