Nursing homes provide care for some of the most vulnerable people in our society. Our legal system therefore holds them to a very high standard. When a nursing home fails to provide adequate care to a resident, it could be held liable for resulting injuries. The common-law theory of negligence, when applied to a medical professional like a doctor or nurse, is often known as malpractice. Nursing home residents in Westchester County and throughout New York are also protected by a state law that allows them to sue a nursing home that causes injury by depriving them of a “right or benefit.”
In order to prevail in a negligence claim, a plaintiff must prove several elements. First, they must establish that the defendant owed a duty of care to them, or to the general public. Doctors, nurses, and other medical professionals owe a duty of care to their patients as a matter of law. A plaintiff must also prove that the defendant breached the duty of care owed to them, and that this breach caused their injuries. This is often the most challenging part of a claim for nursing home malpractice in New York. A plaintiff must demonstrate that, without the defendant’s breach, the injury most likely would not have occurred.
Medical errors, such as prescribing or administering the wrong medication, or the wrong dosage of medication, could constitute a breach of a medical professional’s duty of care. In the context of a nursing home, many breaches involve neglect of a resident’s basic needs, such as food, water, hygiene, or social connection.
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