The Crisis of Nursing Home Falls in New York and the Hudson Valley
Nursing home facilities in Rockland County, Westchester, and NYC have a legal and moral obligation to protect vulnerable residents. When a patient is identified as a high fall risk, strict supervision protocols must be followed. Unfortunately, many facilities attempt to hide negligence by failing to document falls or labeling them as "unwitnessed" to avoid liability. At Fellows Hymowitz Rice, our nursing home abuse attorneys fight to expose the truth when facilities prioritize profits over patient safety.
The Client’s Case: Justice for Frederick B.
Our client, Frederick B., was a resident at a local rehab and nursing center while recovering from a heart procedure. Despite being documented as a "High Fall Risk," he was left completely unsupervised in his room. Frederick arose from his wheelchair, lost his balance, and suffered a catastrophic fall. He struck his head against the wall with such force that he required emergency life-saving spine surgery and was tragically rendered a paraplegic.
Initially, the insurance company and their defense team refused to offer a settlement. They claimed they had supervised Frederick "like a hawk" and even attempted to blame him for the accident, alleging he "surprisingly" stood up to return a breakfast tray. They maintained there was no video evidence and therefore no proof of negligence.
Proving Systematic Negligence in Hudson Valley Nursing Facilities
Our Westchester County personal injury lawyers launched a deep-dive investigation into the facility’s internal records. We uncovered evidence that the defense had tried to bury: Frederick’s "chair alarm" had sounded 11 times previously, and he had even wandered into other residents' rooms. The widow’s testimony was a "nail in the coffin" for the defense, as she noted that staff frequently joked, "When we hear an alarm go off, we know it must be Fred."
We further proved that just 18 hours before the life-altering fall, Frederick’s legs had buckled during an assisted bathroom visit. Despite this, the staff failed to check his leg strength or request a physician’s order for a wheelchair seatbelt—both of which were required under their own safety policies. Confronted with this evidence of systemic failure, the facility settled for a substantial confidential amount before trial.
Contact Our Experienced NYC & Rockland County Malpractice Attorneys
If your loved one has suffered a preventable injury or wrongful death in a nursing home in New City, White Plains, or the Bronx, you need an aggressive legal team. Fellows Hymowitz Rice has over 40 years of experience holding negligent facilities accountable across the Hudson Valley. We work on a contingency fee basis, meaning you pay nothing unless we win. Contact us today for a free consultation.