In order to prove negligence, the law requires that the injured person or their legal representative, first show that the caretaker or the facility that caused him or her an injury owed a duty of care. A duty of care can either be something that [...]

Yes. Medical records are often one of the most important pieces of evidence in any lawsuit where an injury has been suffered and are essential for any attorney to review in determining whether a case for nursing home negligence should be pursued.

Your family member’s medical records are protected by HIPAA, a privacy law. In order to request medical records, your loved one must either sign a HIPAA authorization form allowing either you or their attorney to obtain the medical records, or you may do so yourself [...]

Every case is unique and the outcome of the case depends on many different factors. In some instances, a case may settle prior to the filing of any formal lawsuit if a nursing home’s liability and the injuries suffered are clear. In other instances, [...]

Yes. There are two types of damages that can be paid to someone who is injured at a nursing home, assisted living facility, or group home. Legally, these damages are known as economic damages and noneconomic damages. Economic damages are financial losses including medical expenses [...]

Signs of abuse and neglect can include physical injuries such as unusual or recurrent bruises or broken bones; unexplained falls; bedsores; dehydration or malnourishment; or poor hygiene. It’s important to watch for signs of emotional, psychological or even sexual abuse including seclusion or isolation, withdrawal, [...]

Medical professionals use a 4 stage scale to describe and monitor pressure sores, also called bed sores, pressure ulcers, decubitus ulcers, or pressure wounds. By categorizing pressure sores according to standardized characteristics, there can be a sense of uniformity among medical facilities that treat people [...]

Yes. If Medicare or Medicaid has paid any medical expenses on behalf of the injured individual, they are entitled to be reimbursed for those expenses. The law imposes a Medicare and/or Medicaid “lien” on all injury-related cases involving recovery from a negligent caretaker or facility.

Most attorneys handle nursing home negligence or wrongful death cases on a contingency fee basis, meaning the attorney does not get paid unless your case is settled or wins a verdict in court. Most attorneys do not charge for an initial consultation. https://youtu.be/Cwp5qQKOOP4 [...]

The time limit for filing a lawsuit is governed by what is known as the statute of limitations. The statute of limitations for a negligence case in New York is 3 years from the date of the incident. The statute of limitations for wrongful [...]