Accidents that occur in nursing homes unfortunately often cause fatal injuries. People who suffer the loss of a loved one due to the negligence of a medical facilities’ staff members have the right to pursue compensation, but if they fail to prove the elements of their claims, they may be dismissed. In a recent New York case, the court issued an opinion discussing what evidence a plaintiff must offer to demonstrate that the defendant violated the standard of care or caused fatal injuries. If you lost a loved one because of the carelessness of a healthcare facility, it is advisable to meet with a Rochester medical malpractice lawyer to evaluate your options for protecting your interests.
The Facts of the Case
Allegedly, the decedent, who was a double amputee with end-stage kidney failure, was a resident at the defendant’s nursing home. He was confined to a wheelchair. One afternoon the decedent, who was unsupervised, fell out of his chair. He sustained a fracture of this left shoulder in the fall and two days later passed away.
It is reported that the plaintiff filed a wrongful death lawsuit against the defendant, alleging in part that the defendant committed medical malpractice by failing to provide supervision and revise and follow the decedent’s care plan. Following discovery, the defendant moved for dismissal via summary judgment. Continue reading