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• Nursing Home Litigation – Negligence or Malpractice?

June 7, 2012

New York Nursing Home Cases usually involve Federal and/or New York State Statutes and Regulations, both of which govern Nursing Homes Litigation. The Federal and New York State statutes, 2801(d) for example, mandate that Nursing Homes are Required to Keep and Use some very specific records and documents. Nursing Home Witnesses can be deposed so that Punitive Damages can sometimes be obtained.
To prove a Nursing Home Case we need to understand, What is the Standard of Care? And, we need to examine the roles, as applicable, of the Admitting Physicians, Vascular Physicians, Podiatrists, Infectious Disease Physicians and Wound Care Nurses in Hospital and Nursing Home Settings. A specific type of case, involving treatment to a patient’s lower extremities, will consider the involvement of a podiatrist versus a medical doctor (e.g. vascular surgeon). Further, we need to understand the impact of the victim’s prior medical history (e.g. Co-Morbidities Inclusive of Diabetes, End Stage Renal Failure, High Blood Pressure and Adequate Nutrition).
Malpractice and Negligence Claims against Hospitals and Nursing Homes often involve Prevention, Protection and Care for Patient Bedsores. The varied legal issues in Nursing Home Litigation involve whether a case is Negligence or Malpractice.


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