Q: What legal options do I have for nursing home neglect resulting in a stroke?

A: I’m so sorry to hear about your mother’s situation and completely understand how difficult this must be. Based on the facts you have shared in your question, you may want to immediately arrange a free consultation with a personal injury lawyer in New York who handles nursing home abuse and neglect.

As a general matter and depending on the exact circumstances, nursing homes can be held liable for things like delaying medical care. In fact, they can also be held liable for falls if their negligence was a cause of it.

It is important for you to know that a personal injury lawyer is likely to have a greater impact on the case the sooner they get involved since it will allow them to conduct an early investigation, gather key records, and determine whether a lawsuit is appropriate.

Given her age and the severity what happened, it is important to act quickly. If the nursing home failed to provide timely and proper care, they might be liable for damages.

Again, I am so sorry for what happened to your mother and am wishing her the best as she recovers.

The above response is for general educational and informational purposes only. It does not constitute legal advice. For personalized legal advice, you should contact a qualified attorney licensed to practice in your state.

A: I'm very sorry about your mother's fall and stroke. Your most productive option could be to try to arrange a free initial, no-obligation consult with attorneys. If a law firm expressed interest in the matter, they could retrieve the medical records and review with health care professionals. That could provide you with information to make a decision about what direction you wish to take. If you've already been researching attorneys, you could supplement your efforts with the "Find a Lawyer" tab above, as well as attorney referral resources from bar associations. I hope your mother is okay, and that therapy enables her to make a good recovery. Good luck

A: So sorry to hear what happened to your mother. As my colleagues correctly advised, get copies of your mother's medical records and best to speak with an experienced personal injury / medical malpractice attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. One challenge in your mother's case will be causally connecting the stroke to her fall; and/or that the delay in calling an ambulance affected her condition, such as by making the stroke worse, etc.

A: I'm sorry to hear about your mother's condition. Situations like this are deeply upsetting, especially when the health and safety of a loved one in a nursing facility are at stake. In New York, nursing homes are legally required to provide timely and appropriate care to their residents. If they fail to meet that obligation and a resident suffers harm as a result, the nursing home may be held legally responsible.

You may have grounds to pursue a civil claim for negligence or medical malpractice, depending on the circumstances. If the nursing home staff failed to monitor your mother appropriately, delayed medical treatment after her fall, or failed to assess her for signs of a stroke, this may constitute neglect under New York law. A delay in calling emergency services, especially for a high-risk, elderly resident who has fallen, could be seen as a serious breach of the standard of care.

The first step is to request and preserve all relevant records, including nursing notes, incident reports, medical charts, and any internal communications relating to the fall. You are entitled to these records as your mother's legal representative or next of kin. It is also advisable to consult a lawyer experienced in nursing home neglect cases. An attorney can review the timeline of events, determine whether the delay contributed to your mother’s stroke or worsened her outcome, and advise you on filing a claim.

In New York, the statute of limitations for filing a personal injury or medical malpractice lawsuit is generally two and a half years from the date of the injury. However, if the nursing home is operated by a public entity, a notice of claim may need to be filed within 90 days, so it is important to act quickly.

In addition to civil litigation, you can file a complaint with the New York State Department of Health, which regulates nursing homes. They may investigate the facility, and their findings can be useful if you pursue a legal claim.

This response is for informational purposes only and is not a substitute for legal advice. For guidance tailored to your situation, speak with an experienced New York nursing home abuse lawyer.

A: You have a right to expect prompt medical attention when your mother fell, and waiting until morning to call an ambulance may qualify as neglect under both nursing-home regulations and common-law negligence standards.

Start by documenting everything: the time of her fall, who you spoke with, and the delay in treatment, then file a complaint with your state’s long-term care ombudsman and the Department of Health’s nursing-home licensing division. They can investigate whether the facility violated mandatory care protocols and impose sanctions.

You should also gather her medical records from the hospital and the nursing home, then consult an attorney experienced in elder-care or medical-negligence cases. They can help you evaluate a civil suit for wrongful death or negligence to recover for her injuries, additional therapy costs, and emotional harm.