Who Can Be Held Liable for Nursing Home Abuse in New York?

For a nursing home abuse case in New York, determining who is liable for harm is an important part of the process.

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The Nursing Home Facility

Facilities themselves are commonly the primary defendants in abuse cases. This is typically due to the duty of care these entities owe to residents. Under the doctrine of corporate negligence, a nursing home can be held directly liable for systemic failures, including chronic understaffing, inadequate employee training, unsafe premises, and policies or practices that allow neglect or abuse.

Nursing Home Staff

If an employee or staff member of the nursing home is found to be responsible for harming a resident, they can be directly liable for damages. This could include nurses, certified nursing assistants (CNAs), caregivers, and other medical staff. Some examples of actions that could lead to staff liability are physical abuse, medication errors, neglect, emotional abuse, and improper restraint use.

Nursing Home Administrators and Management

Administrators and management are responsible for ensuring proper staffing, training, and compliance with safety and care standards. If they fail to address known risks or enforce protective policies, they can be held liable for resulting neglect or abuse. Cases involving administrative liability may involve failure to supervise staff, ignoring complaints, failing to enforce safety policies, and failing to report abuse.

Another major risk that could be a basis for liability is negligent supervision. Negligent supervision occurs when a facility fails to properly supervise staff, resulting in resident harm. This includes ignoring warning signs or failing to monitor employee conduct.

Corporate Owners and Management Companies

Many nursing homes are owned and operated by large healthcare corporations, which can also be named as defendants in lawsuits. These entities may be held liable for broader issues such as corporate policies, understaffing, budgeting decisions, or systemic failures that contribute to neglect or abuse within their facilities.

Contractors and Third Parties

Facilities often rely on outside providers, such as staffing agencies, medical professionals, or maintenance companies. These contractors may have independent liability if their own negligence, such as improper care, errors, or unsafe work, directly causes harm, separate from the facility’s responsibility.

How Is Liability Proven in a New York Nursing Home Abuse Claim?

Under New York law, a nursing home abuse claim requires proving four key elements: duty of care, breach of duty, causation, and damages.

Duty of care: The facility and staff had a legal obligation to protect the resident.
Breach of duty: The obligation was violated through neglect or abuse.
Causation: Linking the breach and the resident’s injury.
Damages: Reflection of the physical, emotional, or financial harm suffered.

Your attorney will collect solid evidence to support your claim, including photos of injuries like bedsores and bruising, medical records, witness statements, and staffing logs. In New York, the filing deadline depends on the legal theory. Negligence claims are often subject to a three-year statute of limitations. Medical or nursing malpractice claims may be subject to a 2 1/2-year deadline. Wrongful death claims are generally subject to a two-year deadline, and claims involving public entities may require a notice of claim within 90 days.

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

Doug Weinmaster

Attorney
Phillips Law Firm

What Damages Can Victims Recover in a Nursing Home Abuse Case?

Victims of nursing home abuse may be able to recover several types of damages. Common forms of compensation include:

Medical bills
Pain and suffering
Emotional distress
Long-term care costs
Rehabilitation and therapy expenses
Prescription medication costs
Relocation or facility transfer costs
Loss of quality of life
Funeral and burial expenses in wrongful death cases
Punitive damages, when applicable

Speak With a New York Nursing Home Abuse Attorney Today

If you or your loved one has been injured in a nursing home, do not wait to get legal help with your case. Our compassionate and dedicated partner attorneys have secured settlements for clients throughout New York. With experience and in-depth local knowledge, our team will stop at nothing to get you the compensation you deserve. Contact us to schedule a free consultation today.

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Nursing Home Abuse Should Have Consequences.

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.