When a loved one is injured in a nursing home or while under the care of a professional, families are often left feeling overwhelmed and unsure of what to do next.
Established in 1911, McPhillips, Fitzgerald & Cullum LLP is the longest-serving law firm in the Greater Glens Falls region and is rated “AV” by Martindale-Hubbell for its excellence. With 13 experienced attorneys across multiple specialties, the firm is known for its loyalty, hard work, and dedication to clients.
Knowing whether an elder’s injury involves personal injury or medical malpractice, and taking the right legal steps, can help protect your loved one and make sure those at fault are held responsible.
Common Signs of Injury or Neglect in Elder Care
Not all injuries in elder care are immediately apparent. Families should stay alert to changes that may indicate neglect or mistreatment. These can include:
- Unexplained bruises, cuts, or fractures
- Signs of dehydration or malnutrition
- Pressure ulcers or bedsores
- Sudden changes in behavior, such as fear or withdrawal
- Delayed medical treatment after an incident
These symptoms may indicate unsafe conditions, inadequate care, or more serious underlying issues.
Personal Injury vs. Medical Malpractice in Elder Care
Not all elder care injuries are treated the same under the law. Distinguishing between personal injury and medical malpractice is an essential first step.
A personal injury case typically involves general negligence, such as:
- Slip and fall accidents in unsafe facilities
- Failure to assist with mobility or hygiene
- Improper supervision leading to injury
A medical malpractice claim applies when a licensed medical provider breaches the standard of care. Examples include:
- Incorrect medication or dosage
- Failure to diagnose a medical issue
- Inadequate post-operative care
If a nurse, doctor, or healthcare professional acts outside accepted medical standards, the case may qualify as medical malpractice rather than a broader personal injury claim.
Steps to Take After an Injury
When an elder is hurt in care, families should act promptly to protect their loved one’s well-being and preserve evidence for possible legal action. Key steps include:
- Seek immediate medical attention
- Document injuries through photos and written notes
- Request incident reports and medical records
- Speak with staff or administrators about the incident
- Consult a personal injury attorney to review the case
Prompt action can help determine whether negligence or malpractice occurred and whether legal compensation may be available.
Legal Help for Elder Injuries in New York and Florida
If your loved one has been injured in a nursing home or care facility, do not wait to take action. Whether the injury involves general negligence or medical malpractice, families have the right to hold caregivers and institutions accountable.
Call 518-792-1174 for our New York offices or 305-751-8556 for our Miami Shores office today to schedule a consultation and speak with someone who can help protect your family’s future and fight for the justice your loved one deserves.
