New York Nursing Home Abuse Lawyer
A nursing home’s function is to keep its residents safe, but too many residents fall victim to abuse and neglect. When that happens, families deserve justice. At Nursing Home Abuse, we focus on connecting victims and their loved ones with experienced attorneys. A New York nursing home abuse lawyer is waiting to discuss your case and help you pursue compensation.
- How a Nursing Home Abuse Lawyer Can Help
- Why Choose Nursing Homes Abuse Center
- Recognizing Nursing Home Abuse and Neglect in New York
- Legal Rights of Nursing Home Residents in New York
- Common Injuries in Nursing Home Abuse Cases
- Who Can File a Nursing Home Lawsuit in New York?
- Get Legal Help With a New York Nursing Home Abuse Attorney
How a Nursing Home Abuse Lawyer Can Help
When someone you love is being mistreated, an experienced nursing home abuse and neglect attorney helps you take action.
- Consultations: Most nursing home abuse and neglect lawyers offer free consultations, where you can discuss your concerns and learn about your legal options without signing any contracts.
- Investigations: An experienced nursing home lawyer possesses the resources and expertise to source and analyze evidence that may be inaccessible to others.
- Claim filing: A nursing home lawyer will compile the correct papers and file them with the appropriate court.
- Negotiation: An attorney can represent you in negotiations for damages if you file an abuse lawsuit against the nursing home or a third party.
- Litigation: When a nursing home or insurer declines to offer a fair settlement, the best approach is often to take the case to trial.
Taking a case to court may prolong the process, but it can also lead to higher compensation. An attorney can talk you through the strategy and help you make the most appropriate decision.
Why Choose Nursing Homes Abuse Center
A nursing home abuse lawyer will fight for your loved one. Our experienced lawyers approach every case with compassion and a commitment to justice. Dedicated to pursuing the nursing home injury compensation you deserve, we take an aggressive approach to negotiation and litigation.
Our nursing home abuse attorneys are nationally recognized recipients of multiple awards, including the National Trial Lawyers and Top 100 Trial Lawyers. We bring decades of experience and in-depth knowledge of residents’ rights, including local familiarity with New York nursing home regulations and facilities.
When you trust us with your nursing home lawsuit, we put that knowledge to work on behalf of your loved one.
Recognizing Nursing Home Abuse and Neglect in New York
The word “abuse” often brings to mind physical violence or sexual misconduct, but elder abuse can also take less visible forms, including emotional, financial, and medical neglect. Our New York attorneys handle a variety of case types, including:
Physical abuse
Intentional actions or inactions that cause or risk bodily harm
Emotional abuse
Verbal or nonverbal actions intended to cause mental distress
Sexual abuse
Unwanted sexual contact or suggestive interactions, including nonconsensual intimate touching
Financial abuse
Illegal or improper use of a resident's money or other assets
Medical neglect
Failure of a caregiver to provide for the resident's needs, such as withholding food or medical care
Abandonment
A nursing staff member stops caring for a patient without notifying the supervisor or agency
If you suspect any of these types of abuse, connect with a New York state or NYC nursing home neglect and abuse attorney as soon as possible.
Common Warning Signs of Elder Abuse
Nursing home abuse and neglect can be challenging to detect. Many residents have mental or physical challenges that prevent them from recognizing or disclosing abuse, and perpetrators may intimidate older adults into keeping silent.
According to the Centers for Disease Control and Prevention, these barriers lead to a widespread underreporting of elder abuse. Underreporting reduces awareness and increases the vulnerability of older adults.
Family members and friends can help to keep residents safe by watching for signs of abuse and neglect. These can include:
- Unexplained injuries or illnesses
- Unusual weight loss
- Poor hygiene or unsanitary living areas
- Medication overuse or underuse
- Behavioral or personality changes
- Withdrawal from others
- Fear or nervousness around particular individuals
- Changes in eating or sleeping patterns
Not all victims of nursing home abuse or neglect will disclose what happened, but it’s important to believe those who do. Share any such reports with the nursing home and appropriate authorities as soon as possible.
Legal Rights of Nursing Home Residents in New York
New York publishes a detailed Bill of Rights for nursing home residents. These rights include:
- Freedom from all forms of abuse and neglect
- Quality of care and treatment without discrimination
- Freedom of personal choice
- The ability to safeguard personal property, including finances
The state also grants the right to an accessible and responsive complaint procedure, which residents must be able to use without fear of retaliation or reprisal. Residents and their families may exercise this right at any time they suspect or experience abuse.
These rights are also federally protected, thanks to the Nursing Home Reform Act of 1987.
Reporting Nursing Home Neglect and Abuse
There are several ways to report abuse in nursing homes. You may disclose the situation directly to the nursing home, but facility representatives may fail to follow up appropriately.
If that happens—or if you don’t feel comfortable approaching the facility directly—you can contact New York’s long-term care ombudsman. This office is responsible for protecting residents’ rights, addressing complaints, and reconciling issues.
Another option is to contact Adult Protective Services (APS). This federally mandated service is available at the district level, with each of New York City’s boroughs and each county outside the city representing its own district. To request an investigation and potential case management, contact the APS office in your local social services district.
In New York, APS professionals are generally the only state-mandated reporters of elder abuse. However, certain medical or institutional staff may be required to report under professional or federal standards. Even then, the state only requires them to report criminal offenses. If you suspect mistreatment in a nursing home, you may be the only person to speak up.
Common Injuries in Nursing Home Abuse Cases
Not all abuse cases result in visible injury, but any unexplained physical injury in a nursing home is a red flag. Many residents have mental or physical impairments that prevent them from recognizing or reporting abuse.
These injuries can include:
- Bedsores, also called pressure ulcers
- Broken bones, including hip or skull fractures
- Malnutrition or dehydration
- Sprains and dislocations
- Psychological injury, including depression or anxiety
Extreme abuse and neglect may even lead to a resident’s death. When this happens, a wrongful death lawsuit may help to ease the financial burden and offer some closure.
Who Can File a Nursing Home Lawsuit in New York?
If the abuse victim is still living and mentally competent to do so, they can file a nursing home abuse lawsuit in New York. If not, their legal representative may file on their behalf. You must already have the appropriate designation to file.
If a nursing home resident passes away as a result of abuse or neglect, their estate representative may file a wrongful death action. A lawyer can assist you with filing, which typically must happen within two years of the person’s passing.
Attorneys can also help you obtain the necessary documentation and proof of mistreatment. This may include medical reports, photographs of injuries, recorded statements from residents, and other verifiable evidence.
It’s essential to get started as soon as possible so that you can file within the applicable statute of limitations, which varies depending on the case type. Cases involving negligence fall under the category of personal injury, which means the plaintiff has three years from the date of the incident to file a lawsuit. Assault cases may carry a statute of limitations as short as one year, while medical malpractice claims typically have a 2.5-year deadline.
Get Legal Help With a New York Nursing Home Abuse Attorney
If you or someone you love is experiencing abuse in a nursing home, it’s important to take action as soon as possible. Reach out today to schedule a free, confidential consultation with an experienced elder abuse and neglect lawyer. We have availability in NYC and beyond, and there’s no fee unless we win.
- Last Modified June 27, 2025
- Editorial Guidelines
Dr. Patricia Shelton, MD
Education:
- University of Washington, Doctor of Medicine – MD. June 2008
- University of Washington, Bachelor of Science – BS, Jun 2003
Background:
Neuroscience and Medicine
Career:
- Dr. Shelton primarily writes content for health-related websites, but has also written test prep materials, white papers, published research articles, court documents, and more.
- Dr. Shelton teaches anatomy and physiology at the college level for the National Institutes of Health.
