New York City Nursing Home Wrongful Death Lawyer
Nursing homes aren’t supposed to be warehouses where the sick or old go to die. They are supposed to be skilled care facilities that provide quality health care to maintain or improve the health, well-being and quality of life of their charges. If a death occurs in a nursing home due to negligence of the administration or staff, New York law allows the surviving family members to hold the nursing home accountable by filing a wrongful death claim against them.
Wrongful death claims can be particularly challenging to prove against nursing homes, as the deceased oftentimes was already elderly, frail and living with one or more health conditions. These facts make it easier for the nursing home to claim that death was not the result of negligence, abuse or neglect on the part of the nursing home staff. An experienced personal injury attorney can prove essential in these difficult cases. New York nursing home injury attorney Michael Gunzburg makes it his mission to learn the facts and find out what went wrong and why when a client’s loved one died in a New York City nursing home. If you lost a family member to nursing home negligence in Manhattan, The Bronx, Brooklyn or Queens, call Michael Gunzburg, P.C. for a no-cost, confidential consultation on your potential claims.
What Causes Wrongful Death in New York Nursing Homes?
A leading cause of death for nursing home residents is falls, which can occur when a resident is left to get up or walk unattended, is left without guardrails in place, or is disoriented from a new medication. A fall may be almost immediately fatal if it results in a concussion, bleeding or severe break. Other times, a fall may cause a broken hip that begins a decline the patient cannot recover from. Other causes of nursing home wrongful death include:
- Medication errors
- Unsanitary living conditions
- Dehydration and malnutrition
- Unlawful use of physical or chemical restraints
- Untreated bedsores
Who Can Bring a Nursing Home Wrongful Death Claim in New York?
New York law sets out who is authorized to pursue a claim against a nursing home for wrongful death. The personal representative of the estate serves as the plaintiff in the case, and any settlement or jury award goes to the estate, where it is distributed according to the New York intestate law. Under this law, the award will be distributed to the surviving spouse, children, parents, or other family members or persons who were dependent on the deceased for support. The priority and share of each family member are determined by statute.
What Damages Can Plaintiffs Recover in a Wrongful Death Lawsuit Against a New York Nursing Home?
Damages in a wrongful death case are intended to compensate the plaintiffs for losses they have suffered and the economic costs they have incurred because of the wrongful death. These damages can include:
- Expenses for funeral and burial
- Medical expenses related to the accident or injury which led to the death
- The value of earnings lost between the time of injury and death
- The loss of earnings and benefits in the future, given the deceased’s life expectancy before the accidental death
- Loss of household services and support
- Loss of companionship
- Loss of parental training and guidance
- The conscious pain and suffering endured by the deceased between injury and death
- Punitive damages if the negligent behavior was particularly reckless, willful or outrageous
Not all of these damages may apply when the deceased was a long-term nursing home resident, but many will. Attorney Michael Gunzburg strives to get the best result for his clients to help ease their financial loss and emotional pain while achieving some measure of justice for themselves and their lost loved one.
Call Our New York City Nursing Home Wrongful Death Attorney for Justice and Compensation
If you have lost a beloved family member under suspicious circumstances in a New York City nursing home, call Michael Gunzburg, P.C. to discuss your concerns in a free and confidential consultation. We’ll do our best to find out what happened and bring the guilty parties to justice for your family’s security and peace of mind.