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Court considered the standard of care for nursing homes. Cooney v. Ketteler Care Center, Inc., 37 Misc. 3d 1213(A) (Sup. Ct. Queens Cnty. 2012)

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Cooney v. Ketteler Care Center, Inc. involves an alleged incident of nursing home negligence that resulted in the death of an elderly resident. The case highlights the importance of proper care and attention to nursing home residents, as well as the legal recourse available to victims and their families in cases of nursing home negligence. This paper will discuss the facts, legal issues, and outcome of the case, as well as the broader implications of the case for nursing home residents and their families.

Background
In 2006, an 89-year-old resident of Ketteler Care Center, Inc. was admitted to the facility for rehabilitation after a hip fracture. The resident suffered from dementia and was at risk of falls. In 2008, the resident fell multiple times, sustaining various injuries. In June 2008, the resident fell and suffered a fractured femur, which required surgery. Following the surgery, the resident experienced complications, including pneumonia and sepsis. The resident’s health declined, and she died in July 2008.

The resident’s daughter, as executor of her estate, brought a lawsuit against Ketteler Care Center, alleging that the facility was negligent in its care of her mother, resulting in her death. The lawsuit alleged that Ketteler Care Center failed to provide adequate supervision, failed to properly assess and address the resident’s risk of falls, and failed to provide appropriate medical care following the resident’s falls.

Discussion
The legal issues in the case centered on whether Ketteler Care Center was negligent in its care of the resident, and whether that negligence was a proximate cause of her injuries and death. The plaintiff argued that Ketteler Care Center breached its duty of care by failing to provide adequate supervision and failing to address the resident’s risk of falls. The plaintiff also argued that Ketteler Care Center was negligent in its medical care of the resident following her falls.

Ketteler Care Center argued that it provided appropriate care and supervision to the resident, and that her falls and subsequent injuries were the result of her own actions or the actions of third parties. Ketteler Care Center also argued that the plaintiff failed to establish a causal link between its alleged negligence and the resident’s injuries and death.

After a trial, the court found in favor of the plaintiff and awarded $1.25 million in damages. The court found that Ketteler Care Center was negligent in its care of the resident, and that this negligence was a proximate cause of her injuries and death. Specifically, the court found that Ketteler Care Center failed to provide adequate supervision to the resident, failed to properly assess and address her risk of falls, and failed to provide appropriate medical care following her falls.

The court also found that the resident’s injuries and subsequent complications, including pneumonia and sepsis, were a direct result of Ketteler Care Center’s negligence. The court awarded damages for pain and suffering, medical expenses, and loss of enjoyment of life.

Conclusion
Cooney v. Ketteler Care Center, Inc. highlights the legal responsibility of nursing homes and long-term care facilities to provide adequate care, support, and protection for their residents. It also underscores the need for nursing homes to have proper staffing levels and to ensure that their employees are properly trained and equipped to meet the needs of residents. Furthermore, the case highlights the potential consequences of neglect or mistreatment in nursing homes, not only in terms of legal liability but also in terms of the emotional and physical harm inflicted on vulnerable residents and their families.

For families who suspect their loved ones may have been mistreated or neglected in a nursing home, it is crucial to seek the advice of experienced New York nursing home injury lawyers who can provide guidance and support in pursuing justice and compensation. The Cooney v. Ketteler Care Center, Inc. case serves as a powerful reminder of the importance of holding nursing homes accountable for their actions and ensuring the safety and well-being of our elderly and vulnerable populations.

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