Nursing Home Abuse & Negligence
Nursing Home expectations:
Placing a loved one in a long-term care facility can be emotionally difficult and is often based upon the expectation that the nursing home or assisted living facility will provide a safe, healthy environment and the level of care that your loved one requires. Many find this to be true.
However, intentionally or not, simply neglected or abused, many elders suffer and have severe medical issues as a result.
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When a facility does not provide the necessary care, family members may feel betrayed and unsure about what to do and where to turn for help. Bedsores and Pressure sores, falls, unfortunately, are commonplace. We want you to know that there are laws in place, and you do have rights. ​
You may have a case where you can get a large monetary award. Bedsores, life-threatening injuries, and unexplained death should not happen to a nursing home resident.
What are some issues?
Some critical issues often begin with dehydration, over or improper medication; lack of supervision leading to falls; Bedsores or Pressure Sores; inadequate wound care leading to infections; poor hygiene; physical and verbal abuse; and overall neglect.
The severe injuries that patients experience, along with the constant pain and suffering, are often the result of preventable situations. For seniors, bedsore lawsuits are unfortunately very common. They progress rapidly and can often lead to death.
We have found frequent examples of poor care, lack of planning, lack of supervision, failure to turn and position patients, failure to provide adequate pressure relief devices to patients, and, unbelievably, failure to provide sufficient quantities of food and water.
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As a result of this neglect, the injuries unnecessarily range from severe infections and amputations to dehydration and, unfortunately, death. We have successfully handled a large volume of New York nursing home and New York hospital litigation.
We are honored to be representing and protecting the most vulnerable portion of our population, the elderly. Insurance companies and the nursing home defense lawyers know that when they litigate against us, they will likely end up either settling for a large monetary award or being victimized by a jury verdict in favor of our clients.
"Dear Mr. Raphan, I cannot thank you enough for assisting my father and also for taking the time to explain things to me. Much appreciated!
You are so kind!"
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Hospital Medical Malpractice, Negligence.
Whether it's yourself, a parent, or another loved one, quality medical care and treatment are expected. It is your legal right.
The unfortunate reality is that there are often tragic outcomes to even simple procedures that are the result of medical malpractice, which should never occur.
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Hospital Negligence occurs when there are “departures in the standards of good and accepted medical practices” that one should be able to expect in the local medical community given the current state of medical treatment and technology.
These departures in the standard of care can stem from negligent treatment on the part of Doctors, Surgeons, Specialists, Lab Technicians, Physician Assistants, Nurses, Nurses Aides, Therapists, Administrators, Pharmacists, and any other member of the Hospital Staff whose conduct, actions, or inaction, causes injuries and suffering that should not have occurred.
Some examples of Hospital Negligence include failure to provide proper medication or medical devices; failure to provide proper monitoring and supervision; failure to order consultations with other medical specialists; failure to diagnose cancer or other illnesses in a timely fashion; failure to prevent infection and amputation; negligently leaving behind a foreign body or surgical instrument in the body after a procedure; failure to turn and position the patient resulting in pressure sores or decubitus ulcers; failure to perform a medical procedure or surgery properly; failure to warn patient of risks of surgery or medical procedure; failure to keep family members informed regarding medical decision making; and even failure to provide safe and proper discharge instructions.
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Medical Malpractice cases arise when a health care practitioner departs from the accepted standard of care in the medical community.
In more simple terms, malpractice is when a hospital, doctor, or nurse, commits a serious error in his/her care and treatment, which results in further injury to the patient. Some common examples are failing to diagnose a disease or condition, leaving a medical instrument inside a patient after surgery, failing to admit a patient into the hospital when necessary, and failing to perform a medical procedure that was otherwise indicated. We have successfully sued all types of health care providers.
Our medical malpractice associates review every page of every medical report, and we hire top medical specialists, experts, and nurses, who are willing to come into Court and testify on behalf of injured patients.
This has led to and continues to provide great success in litigation against Hospitals and their employees.
Any questions, give us a call at 212-268-8200, or email info@RaphanLaw.com.