How To Sue a Nursing Home for Neglect in NYC

Signs of neglect in a New York City nursing home can include malnutrition, wandering, and poor hygiene. If you suspect your loved one has been neglected, you may be able to sue the facility and seek accountability.

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Under New York Public Health Law §2801-d, victims can hold facilities liable for violating resident rights. However, suing a nursing home for neglect in New York involves gathering evidence, evaluating whether to report the neglect to the New York State Department of Health, and considering legal action with counsel. Each of these steps is critical to proving negligence, breach of duty, and damages in court.

If you or your loved one has experienced negligence at the hands of a nursing home, do not wait to get help. Learn more about pursuing a nursing home abuse lawsuit today by contacting our legal team.

Step-By-Step Guide on How To Sue a Nursing Home for Neglect in NYC

Document All Evidence of Nursing Home Neglect

Documenting evidence plays a key role in your claim by supporting allegations of abuse. Several forms of evidence can be collected, including photos or videos of injuries and unsafe conditions, medical records, incident reports, staff logs and care plans, and witness statements. It is important to properly document each of these, ensuring they are relevant and accurate. A seasoned attorney can help with this process by immediately launching an investigation into the neglect or abuse.

Seek Immediate Medical Attention

Receiving a thorough medical evaluation ensures that all injuries are properly treated and documented. This creates an official record linking the nursing home’s neglect or abuse directly to your injuries. It also allows medical professionals to identify any hidden complications, like a concussion or internal bleeding.

Report the Neglect to the New York State Department of Health

The New York State Department of Health (NYSDOH) oversees nursing homes and investigates complaints involving abuse, neglect, unsafe conditions, or violations of care standards. Filing a report can trigger a formal investigation, help stop ongoing harm, and ensure facilities are held accountable when they fail to meet required levels of care.

Hire an Experienced New York Nursing Home Neglect Attorney

While hiring an attorney is not required, this step can be incredibly beneficial to your case. An experienced NYC lawyer will have the knowledge and skillset to navigate complex legalities and nuances in law that may pertain to your claim. When you contact our team, we begin with an initial consultation to discuss the details of your case. From there, we will launch an in-depth investigation and take swift legal action to seek compensation for your damages.

File a Civil Lawsuit Under New York Public Health Law §2801-d

New York Public Health Law § 2801-d allows nursing home residents to file a civil lawsuit when a facility deprives a resident of their legal rights. The statute is designed to protect residents from neglect, abuse, or inadequate care by holding facilities legally accountable when their actions cause harm.

What Must Be Proven in a NYC Nursing Home Neglect Lawsuit?

To have a successful lawsuit, you must prove the four elements of negligence: Duty of care, breach of duty, causation, and damages.

Duty of care – Nursing homes have a legal responsibility to prevent harm to the residents.
Breach of duty – When nursing homes or their staff fail in this responsibility, and a resident is injured, this is considered a breach.
Causation – Evidence must show a direct link between the negligence and the resident’s injuries.
Damages – Injuries must be converted into compensable damages, such as medical bills, lost wages, emotional trauma, and chronic pain.

An attorney can help prove negligence in a nursing home abuse case by collecting crucial evidence and building a solid claim.

What Is Considered a Nursing Home Neglect Under New York Law?

Any of the following forms of neglect can be pursued in a nursing home abuse claim:

Failure to provide food, hydration, and hygiene
Bedsores
Medication errors

Falls from inadequate supervision

Get Legal Help

At Nursing Homes Abuse LLC, we partner with experienced nursing home abuse attorneys who can assist you and your loved ones to get the justice you deserve.

Mathew Shooshtary

Associate Attorney
The Sanders Law Firm

Jay Kenneth Margolis

Senior Partner
The Sanders Law Firm

Who Can Sue a Nursing Home for Neglect in NYC?

New York law allows the following parties to sue for nursing home neglect:

Resident
Family members
Legal guardians
Estate representatives (wrongful death)

How Long Do I Have To Sue a Nursing Home for Neglect in NYC

In New York City, you generally have three years from the date of the negligence or injury to file a lawsuit against a nursing home. For wrongful death cases, the deadline is typically two years from the date of death. However, if the facility is municipally owned, you may only have 90 days to file a notice of claim. It is important to speak with an attorney early on who can determine which statutes apply to your case.

What Compensation Can I Recover?

Several types of compensation may be available in a nursing home abuse case. The two primary forms are known as economic and non-economic damages. Economic damages cover tangible losses, such as medical expenses, rehabilitation costs, and lost income. Non-economic damages are typically more subjective, like compensation for pain, suffering, and emotional distress.

Some cases will allow for punitive damages if the nursing home’s neglect was especially severe or intentional. In one successful case, our team secured a $5 million jury verdict, including punitive damages, against a Nassau County nursing home.

Connect With a Nursing Home Neglect Attorney for Legal Help

Never wait to get the legal help you deserve. If you believe your loved one may have experienced nursing home abuse or neglect, contact us today for a free case evaluation. Our experienced legal team operates on a contingency fee basis, meaning you never pay unless we win your case.

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Written by:

The Nursing Homes Abuse Team

At Nursing Homes Abuse LLC, we’re committed to helping seniors who have suffered abuse and neglect in nursing homes. Elder abuse is widespread, often going unreported, and we provide crucial resources to help families recognize and address it.

Dr. Patricia Shelton, MD, a medical content expert with a degree in medicine and neuroscience from the University of Washington, has contributed her expertise to ensure our content is accurate, reliable, and insightful. Dr. Shelton also writes for health-related websites and serves as an educator in anatomy and physiology.