As medical care providers, New York City‘s hospitals, nursing homes, and elder care facilities bear the considerable burden of keeping their patients and residents safe. In fact, it’s their explicit mission. We bring our loved ones to care-giving organizations to maintain their health and protect them from harm.
What happens if our trust is violated? According to the Centers For Disease Control (CDC), only 5% of the American population over the age of 65 lives in a nursing home. Even so, “nursing home residents account for about 20% of deaths from falls in this age group.” While some of these accidents are unforeseeable, many could have been prevented.
The problem is pronounced in hospitals, as well, where more than 1 million falls occur each year. 30% of these falls result in injury, and 10% in serious injury, including trauma to the head and bone fractures.
NYC Hospital & Nursing Home Slip & Fall Accident Lawyers
New York allows victims and their families to bring personal injury lawsuits against negligent medical care facilities. After a serious accident, families are often saddled with exorbitant medical expenses and devastating emotional costs. With the help of an experienced New York hospital and nursing home slip and fall lawyer, victims can receive valuable compensation – for medical expenses and pain and suffering – far more than an insurance settlement will provide.
Accidents In New York Nursing Homes
Nursing homes are legally responsible for the safety of elderly residents. Beyond that simple fact, it’s well known that seniors are at particular risk of falling. The CDC has found that one out of every three older Americans will fall each year and, among seniors, “falls are the leading cause of both fatal and nonfatal injuries.” It’s very likely that the elderly are the most affected by a slip and fall. Generally ailing health, along with osteoporosis, mean that seniors are often unable to recover from a serious accident.
Obviously, nursing homes and assisted living facilities must leverage a considerable amount of their resources toward fall prevention. It is not enough for nursing homes to adequately respond after an accident; they must actively attempt to prevent them. New York State law is unequivocal on this count: upon admission, every resident must undergo a thorough risk assessment. A nursing home’s management must take into account the resident’s history of falls and particular safety needs.
Many cases of nursing home negligence revolve around this preliminary risk assessment. Was the nursing home aware that your loved one was at heightened risk for a fall? If so, did they take the proper precautions to prevent an accident. Nursing homes that fail to employ adequate intervention strategies can be held liable for negligence.
Common Causes: Falls In Nursing Homes
- Spilled liquids
- Inadequate lighting
- Improper use of bed rails, or none at all
- Inappropriately calibrated bed height
- Broken wheelchairs, or those left unadjusted for a new patient
- Tripping hazards, like debris, that clutter rooms and hallways
- Understaffing; inadequate number of employees to address problems
In An NYC Hospital
Hospitals, emergency rooms, and community clinics are places of healing and recovery. Most of all, they are facilities devoted to quality care. When we think about hospitals, most of us turn our attention first to highly-educated surgeons and intensely-complicated machinery. But these wonders of innovation are based in simple principles, ones we all implement everyday at home. Cleanliness, organization, and ensuring that resources are up to the task; it’s the foundation of any well-run home, and any well-run hospital.
When hospitals fail to maintain safe conditions, they fail patients most of all. Spilled liquids, inadequate fall-intervention measures, and cluttered halls can lead to serious slip and fall accidents, and extremely severe consequences.
Contact An Attorney
The slip and fall attorneys at Banville Law have successfully handled many cases involving nursing homes and hospitals in New York City. We help clients “balance the scales” and stand up to corporate interests with aggressive representation and a deep knowledge of New York’s premises liability laws.
Contact our lawyers today for a free consultation. We speak clear, everyday language and we’ll explain your situation in detail. If you have a viable case, our attorneys always work on a contingency-fee basis. You owe nothing until we win your case.