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Sue a Nursing Home for Neglect or Abuse in New York

Nursing home negligence and nursing home malpractice is a serious problem in nursing homes, rehabilitation facilities, and long-term care facilities in New York.  Victims of nursing home abuse and neglect can be compensated for their injuries. If you or a loved one have suffered negligence or abuse you have a legal right to sue the nursing home, and/or individuals responsible.

At De Caro & Kaplen, LLP, our partners Shana De Caro and Michael V. Kaplen have successfully sued nursing homes and nursing care facilities for over 43 years throughout New York City and New York State. Our nursing home abuse attorneys are skilled in evaluating and proving nursing home neglect.

  • They were chosen to sit on malpractice review panels in the New York Supreme Court to assess and evaluate cases of nursing home malpractice.
  • They are active members of nursing home malpractice attorney litigation groups and have participated in nursing home negligence seminars.  
  • Our senior partner is board certified in malpractice by the American Board of Professional Liability Attorneys and has taught courses in malpractice at St. John’s University Law School.

When we file a lawsuit against a nursing home in New York, when we sue the negligent individual or individuals responsible for your abuse, we’ll be taken seriously. And we’ll fight tirelessly on your behalf to get you the justice and compensation you deserve.

Call us today at (212) 732-2262 for a free consultation, or fill in our contact form here.

New York Nursing Home Negligence Lawsuit Case Studies

To protect the privacy of our clients, we cannot provide patient identities. Many settlements require the name of the specific nursing home, individual, or individuals to remain confidential. Here is a representative sample of our lawsuits against nursing homes and nursing home staff in New York:

Examples of Nursing Home Abuse and Negligence For Which You Have a Right To Sue

In reviewing patient care in nursing homes, our attorneys have uncovered the facts to prove:

  • Falls caused by improper attention and supervision
  • Bed sores caused by failing to properly turn and position a patient, improper nutrition, and neglecting a patient’s personal hygiene needs.
  • Choking caused by improper meal preparation and feeding.
  • Deterioration in a patient’s condition because of poor hydration and improper nutrition.
  • Elopement caused by failing to have proper staffing.
  • Medication errors caused by failure to exercise caution and care in drug administration.
  • Burns caused by improper care.
  • Physical abuse caused by unqualified staff, failing to perform background checks, and lack of supervision.

Inadequate and improper care are the root causes of patient injury and death in nursing home facilities.

Steps Taken by De Caro & Kaplen, LLP When we Sue a Nursing Home for Negligence or Abuse in New York

In suing a nursing home, our attorneys obtain and review:

  • Medical records to understand our client’s needs and care requirements.
  • Federal mandated nursing home comprehensive admission and care assessment to determine if the nursing home fulfilled these standards.
  • Nursing home care chart including all progress and care records to determine if care was properly rendered.
  • Turning and positioning charts to determine if a patient was attended to in accordance with good practice.
  • Electronic call records to determine if staff timely and properly responded to requests for help.
  • Patient equipment to determine if proper bed, alarms, and aids were provided.
  • Nursing home incident reports, to uncover abuse and neglect.
  • Staffing documents to determine if the facility was properly staffed.
  • Nursing facility policy and procedure manuals to determine if they adhered to these standards.
  • Health Department records of inspections and deficiencies to uncover past patterns of abuse and neglect and mandated required corrections and reforms.
  • Federal and State nursing home care regulations to determine if they were followed.
  • Employment records to determine if staff were properly qualified, trained, and supervised.

In suing a nursing home or nursing care facility we obtain an expert review of the care you or your loved one received by registered nurses trained in nursing home care, doctors trained in geriatric medical care, physical and rehabilitation medical specialists, nutritionists, and other relevant experts.

All too often the facts surrounding nursing home negligence cannot be determined from the patient’s records alone because the record is silent about the patient’s neglect or abuse.  After the lawsuit is begun, we continue to uncover the facts to prove our case by taking detailed testimony under oath of the nursing home staff, including nursing home administrators, nursing home director of nursing, staff responsible for the patient’s care including doctors, nurses, and aides.

Contact Us Today for a No Obligation Consultation

If you or a loved one has been a victim of nursing home abuse, don’t wait to seek justice. Contact our skilled nursing home abuse attorneys today to discuss your case and start the process of holding the responsible parties accountable.

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