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Parker Waichman LLP Files Wrongful Death Lawsuit on Behalf of West Islip Nursing Home Resident

Jun 28, 2012 | Parker Waichman LLP

A New York woman’s death is being blamed on the negligent care given to her at a nursing home run in the state.

The estate of the woman is being represented in a lawsuit filed recently in Supreme Court of the State of New York by the national law firm of Parker Waichman LLP. Our Lady of Consolation Geriatric Care Center, located in West Islip, N.Y., is named as the Defendant. It is there that the woman allegedly received negligent care during her two-and-a-half year stay at the facility.

She was admitted to Our Lady of Consolation Geriatric Care Center in December 2008 and suffered a fall in May of last year. The impact of the fall broke her left tibia and fibula bones. The complications from those injuries eventually led to her death just six days later in a nearby hospital.

Falls are one of the leading causes of death among the elderly and nursing homes are required to keep their facilities free of hazards that could cause a resident to trip or fall. It is also required to provide certain safety features in a resident’s room that could present hazards, such as railings around the tub and in the bathroom

The lawsuit claims the deceased woman’s rights were violated during her time at Our Lady of Consolation Geriatric Care Center and is seeking damages on charges the nursing home is guilty of negligence, gross negligence, and wrongful death. It states the negligent care delivered at the West Islip nursing home caused the Plaintiff-Decedent to “undergo medical treatment, incurred medical expenses, suffered disfigurement, disability, pain and suffering, mental anguish, loss of enjoyment of life, and death,” according to the firm’s announcement of the lawsuit.

“One of the largest causes of potentially preventable hospital emergency room visits made by nursing home residents is injury due to a fall,” Brett Leitner, Nursing Home Abuse & Neglect attorney at Parker Waichman LLP, said. “This is all the more reason that nursing homes must be vigilant about keeping the facility free of dangerous conditions that might cause an elderly patient to slip or trip and fall, and must provide proper safety devices, supervision, and interventions to prevent falls from occurring.”

More and more Americans are living in nursing homes and this, along with a general economic downturn, has resulted in a strain on many facilities. Tightened budgets often result in under-staffed nursing homes and assisted-living facilities which are often forced to hire poorly trained staff to keep operations in some form of order.

These conditions and an overall lack of adherence to safety standards puts this growing population at greater risk of serious injuries and wrongful death. Many residents do not receive the care they’re supposed to receive or even the care necessary to keep them healthy, like proper exercise, or alive, such as regular feedings and proper hygiene.

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