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Assisted Living Facilities Failing to Meet Appropriate Standards of Care in New York and Nationwide

Malpractice and other types of negligence in nursing homes and assisted living facilities are serious problems. If you have been injured or a loved one has died while in the case of an assisted living facility, you may be entitled to compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys have the passion and persistence to take on New York’s toughest malpractice claims.

A recent report highlights how assisted living facilities are struggling to meet staff care standards, resulting in a diminished quality of care for seniors. For instance, the Texas Center for Nursing Workforce Studies documented a 97 percent staff turnover rate for certified nurse aides and an average of 90 percent turnover rate for registered nurses and licensed vocational nurses.

Falls are the second leading cause of accidental injuries and deaths worldwide for the elderly population. In fact, in one 2016 case, a Maryland patient fell three times in a single day and died as a result of coverage gaps in monitoring. In another incident, a Tennessee patient who walked out of the front door of a facility fell in the parking lot and then headed into a wooded area before anyone realized he was missing. Unfortunately, these types of incidents are widespread. With the United States’ population rising, it is imperative to create effective methods for care facilities and caregivers to maintain.

When an assisted living facility provides substandard medical care that injures a resident, that facility may be liable for medical malpractice. Medical malpractice is negligence by a doctor or nurse, which causes injury to a patient. Put another way, medical malpractice occurs when a medical professional causes injury or death by failing to use the appropriate standard of care (i.e., the level of care that another medical professional in the same specialty would have used in the same or similar circumstances). For example, if a nursing home resident who is diabetic sustains a severe injury because he or she was not given insulin on time, the assisted living facility would likely be liable for medical malpractice. This is because a medical professional working at a nursing home who adheres to the appropriate standard of care would understand the risk of harm associated with such a mistake or oversight and, thus, would be vigilant in administering the insulin.

In pursuing cases of malpractice at nursing homes, we must obtain and carefully review a nursing home patient’s medical records. Once we feel like there is a meritorious case, we will also compile a list of any expenses you incurred as a result of the malpractice so you can recover the full and fair amount of compensation in your case.

When nursing homes provide poor quality care, patients can suffer serious harm. If you or someone close to you has been injured while in the care of an assisted living facility, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent and hard-working Rochester medical malpractice attorneys will examine the facts of your case to determine the root cause of the injury. For more information about your rights and options, please call us at 833-200-2000 or contact us online.

More Blog Posts:

Woman Sues Hospital for Performing Emergency C-Section without Anesthesia, Rochester Medical Malpractice and Personal Injury Blog, August 31, 2018

Failure to Diagnose Heart Attack in New York, Rochester Medical Malpractice and Personal Injury Blog, August 24, 2018

Loss of Chance Doctrine in New York Medical Malpractice Cases, Rochester Medical Malpractice and Personal Injury Blog, August 17, 2018


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