New York Nursing Home Abuse Lawyer

When these standards are breached, resulting in harm to residents, legal options are available. Residents and their families can file claims based on negligence, medical malpractice, breach of contract, or wrongful death. Navigating the legal complexities of nursing home abuse claims can be daunting. An experienced New York nursing home abuse lawyer can be an invaluable advocate for you and your family, helping you understand your rights and pursue justice.

What Are the Most Common Types of Nursing Home Negligence?

Nursing home negligence includes actions or failures that harm residents. Common forms include:

• Physical abuse – Physical abuse in nursing homes involves the use of unnecessary force, such as hitting, slapping, pushing, shoving, or rough handling during transfers. It may also include the improper use of restraints, like tying a resident to a bed or wheelchair without medical necessity. Residents with unexplained bruises, fractures, or marked fearfulness around particular staff members may be experiencing such mistreatment. In severe cases, physical abuse can result in fatal injuries, potentially leading to a wrongful death lawsuit. If a resident dies due to abuse or neglect, their surviving family members may seek legal recourse under New York Estates, Powers & Trusts Law (EPTL) § 5-4.1, which allows them to recover damages for funeral expenses, pain and suffering, and loss of companionship. Additionally, New York Public Health Law § 2801-d gives residents the right to take legal action if their rights are violated through abuse or neglect, while federal regulations under 42 C.F.R. § 483.12 mandate that nursing homes protect residents from abuse, neglect, and exploitation. The risks associated with improper restraint use are highlighted in Goldberg v. Plaza Nursing Home Comp., Inc., 222 A.D.2d 1082 (N.Y. App. Div. 1995), where a resident died while restrained in a vest. After waking and calling for assistance, she was ignored, became agitated, and allegedly strangled or suffered a fatal cardiac arrest while trying to free herself. Although the court dismissed emotional distress and Public Health Law § 2801-d claims, it permitted the wrongful death action to proceed due to unresolved questions regarding the nursing home’s negligence. This case highlights the importance of proper patient care, emphasizes the dangers of restraint misuse, and highlights the need for staff accountability in residential healthcare settings.
• Neglect – Failing to provide basic necessities such as food, water, hygiene, or medical care. This also includes lack of assistance with mobility, leading to falls or bedsores, failure to provide a safe environment, or leaving residents unattended for extended periods. Neglected residents may show signs of malnutrition, dehydration, unkempt appearances, or untreated medical conditions. In Corbett v. Campbell Hall Rehab. Ctr., 2019 N.Y. Slip Op. 34536 (N.Y. Sup. Ct. 2019), the plaintiff alleged that the defendant nursing home’s neglect led to the decedent developing pressure ulcers, sepsis, weight loss, pneumonia, and dehydration, ultimately resulting in death. The court found the complaint met the legal threshold under Public Health Law § 2801-d, which allows claims for injuries caused by the deprivation of resident rights. The court denied the defendant’s motion to dismiss as premature, ruling that allegations of willful or reckless disregard for the decedent’s rights were sufficient at this stage, pending further discovery.
• Financial exploitation – The unauthorized use of a resident’s money, property, or assets. Examples include unexplained withdrawals from bank accounts, unauthorized credit card use, forging signatures on checks, pressuring residents into changing wills or powers of attorney, or overcharging for services. Financial abuse can significantly impact a resident’s quality of life.
• Sexual abuse – Any non-consensual sexual contact, coercion, or exploitation of a resident. This can include inappropriate touching, forcing a resident to engage in sexual acts, or exposing a resident to sexually explicit material. Residents with cognitive impairments, such as dementia, or those who are comatose, are particularly vulnerable, making this form of abuse especially concerning. In Doe v. Westfall Health Care Center, Inc., 303 A.D.2d 102, 755 N.Y.S.2d 769 (N.Y. App. Div. 2002), Katherine, a nursing home resident in a vegetative state, was sexually assaulted by a male health care aide, resulting in pregnancy. Her mother sued Westfall Health Care Center, alleging the facility failed to protect Katherine from abuse. The lawsuit included a claim under Public Health Law § 2801-d, which safeguards nursing home residents from mistreatment. While the lower court dismissed this claim, the appellate court reinstated it, emphasizing that the law provides remedies for residents subjected to abuse. The court rejected a narrow interpretation of the statute, recognizing its role in holding nursing homes accountable for failing to protect vulnerable residents. This decision reinforced the importance of legal protections against sexual abuse in nursing homes.

Negligence can also include medication errors, bedsores due to improper care, inadequate supervision leading to falls, and failure to treat infections promptly. These failures can cause serious harm to residents, and legal action may be necessary to hold responsible parties accountable.

Can I File a Lawsuit for Injuries Suffered at a Nursing Home?

A lawsuit may be filed if a resident suffered harm due to negligence or abuse. Under New York law, claims can be based on:

• Negligence – Failing to provide reasonable care, resulting in harm, is a claim that can be pursued under both common law and specific statutory provisions. Under common law, negligence covers failures such as not monitoring a resident’s medical condition, improper hygiene care, or not responding to a resident’s call for assistance. Additionally, New York residents have a statutory claim under Public Health Law § 2801-d, which explicitly protects against abuse and neglect in nursing homes. In Corbett v. Campbell Hall Rehab. Ctr. the court allowed a negligence claim where the facility’s failure to address the resident’s declining condition (resulting in severe complications like pressure ulcers and infections) met the threshold for a legal claim. In addition, elements of negligence were also scrutinized in Goldberg v. Plaza Nursing Home Comp., Inc., which examined whether a failure to act—such as not releasing a restrained resident in a timely manner—contributed to a wrongful death.
• Medical Malpractice – Improper medical treatment or failure to diagnose conditions. If a nursing home’s medical staff administers the wrong medication, misdiagnoses an illness, or fails to treat infections, they may be liable for malpractice. Licensed professionals such as doctors, nurses, and pharmacists can be held accountable. While many nursing home cases blend negligence and malpractice issues, Goldberg v. Plaza Nursing Home Comp., Inc. is often cited for addressing deficiencies in patient care that extend to medical oversight. In that case, the failure to respond appropriately to a resident’s call for help and the misuse of restraints highlighted the broader issues of inadequate medical monitoring and treatment—a core component of medical malpractice claims in long-term care settings.
• Breach of Contract – Violating terms agreed upon in admission agreements. If a facility fails to provide the level of care promised in a resident’s contract, a breach of contract claim may be filed. This could include failure to provide necessary medical treatment, safe living conditions, or agreed-upon services.
• Wrongful Death – A claim filed by family members when negligence leads to a resident’s death. If neglect, abuse, or medical malpractice results in fatal injuries, family members may seek compensation for funeral expenses, loss of companionship, and other damages. In Goldberg v. Plaza Nursing Home Comp., Inc., unresolved issues regarding the facility’s negligence—particularly regarding the misuse of restraints—allowed a wrongful death claim to proceed. This case underscores how failures in both care and timely intervention can lead to fatal outcomes and subsequent legal action for wrongful death.

To prevail in a lawsuit based on nursing home abuse or neglect, the plaintiff must demonstrate that the facility, its staff, or third parties failed to provide the standard of care required, and that this failure directly resulted in the harm suffered. Building a strong case often requires a detailed collection of evidence, and consulting an experienced New York nursing home abuse lawyer is critical to assess the case, guide the evidence-gathering process, and build a compelling legal argument. In New York, evidence in these cases typically includes:

• Medical records – Comprehensive documentation of injuries, treatments, and underlying medical conditions that can indicate neglect or improper care. These records may reveal patterns such as delayed treatments, inconsistent care, or misdiagnoses that support claims of negligence or malpractice.
• Eyewitness statements – Testimonies from residents, family members, or even staff who have observed the abuse or neglect. These firsthand accounts can be critical in establishing the sequence of events and confirming that the facility’s actions (or inactions) deviated from acceptable care standards.
• Expert testimony – Input from medical professionals and legal experts is often pivotal. Medical experts can explain how the facility’s conduct fell short of professional standards, while legal experts can articulate how these lapses meet the criteria for abuse, neglect, or malpractice under the law.
• Facility violation reports – Official records from regulatory agencies such as the New York State Department of Health, which document past infractions, complaints, or corrective actions taken against the facility. These reports can corroborate claims that the facility had a history of non-compliance or unsafe practices.
• Surveillance footage – When available, video evidence can provide direct, visual proof of abuse or neglect, capturing incidents as they occur. This type of evidence is particularly compelling in corroborating other forms of testimony and documentation.
• Photographic evidence – Pictures of visible injuries, unsanitary living conditions, or other signs of neglect can help substantiate claims. Photographs offer a tangible record that may complement medical records and eyewitness accounts.

A strong case requires thorough documentation to prove that the nursing home’s actions, or failure to act, directly led to the injuries suffered by the resident. An experienced New York nursing home abuse lawyer can help gather evidence, consult with medical experts, and build a compelling legal argument to support the claim.

Who Can Be Held Liable for Nursing Home Negligence?

Several parties may be responsible for nursing home negligence:

• Facility owners and operators – Owners and operators must establish adequate policies, hire qualified staff, and ensure that employees are properly trained to meet the required standard of care. They are also responsible for maintaining the facility in a safe and compliant condition. In cases like those reported in “NY nursing home owner agrees to $45M settlement after claims of mistreatment during COVID”, (ABC News7, Aaron Katersky), ownership faced liability due to widespread neglect. The settlement highlighted how systemic issues—such as inadequate staffing, improper training, and lack of oversight—can be traced back to corporate ownership. Such outcomes demonstrate that owners can be held directly accountable for failures that harm residents
• Nursing home staff – Direct caregivers (e.g., nurses, aides, patient care technicians, health care assistants) who engage with residents daily are responsible for providing basic care, monitoring health conditions, administering medication correctly, and ensuring residents’ safety. For example, in Doe v. Westfall Health Care Center, Inc., a staff member at a nursing home sexually assaulted a vulnerable resident, leading to pregnancy. The lawsuit alleged the facility failed to protect the resident from abuse. Although the focus was partly on facility oversight, the staff member’s direct misconduct was central to the claim, illustrating how individual caregivers can be held liable for abusive or negligent behavior.
• Medical professionals – Doctors, nurses, pharmacists, and other licensed professionals within a nursing home setting are charged with delivering competent medical care. This includes diagnosing conditions accurately, administering the correct medications, and promptly treating infections or injuries. In Zeides v. Hebrew Home for the Aged at Riverdale, 300 A.D.2d 178, 752 N.Y.S.2d 658 (1st Dep’t 2002), the plaintiff alleged that facility-based medical staff failed to meet professional standards of care by neglecting a resident’s deteriorating condition and not administering necessary treatments in a timely manner. The court discussed the interplay between malpractice claims and claims under Public Health Law § 2801-d, noting that when a nursing home’s licensed professionals fall short of their duty of care, they can be held liable for the resulting harm to residents. This case highlights how medical professionals within a long-term care facility can face direct accountability if their substandard or negligent practices cause injury.
• Third-party contractors – Maintenance crews, food service companies, transportation providers, physical therapy groups, or other vendors operating under contract in the facility may also face liability if they fail to perform their duties safely and competently. For example, in a scenario where a contracted physical therapy group negligently handles mobility-impaired residents, leading to falls and injuries, the contractor can be held liable alongside the nursing home. New York courts generally recognize that if a third-party’s negligence causes or contributes to a resident’s harm, that party may share in the legal responsibility.

Liability hinges on demonstrating that the defendant’s actions—or inactions—deviated from the accepted standard of care and that this deviation directly caused the resident’s injury or harm. New York courts typically consider various pieces of evidence, such as facility records (including training protocols and staffing levels), incident reports and regulatory findings from the New York State Department of Health, medical records documenting injuries and treatment, and expert testimony clarifying how the care provided fell below professional standards.

In some instances, more than one party may share liability. For example, if a staff member commits abuse (direct liability), but facility owners failed to implement proper hiring or supervision practices (vicarious or direct corporate liability), both parties may be held responsible.

How Much Time Do I Have to File a Nursing Home Negligence Lawsuit?

New York has statutes of limitations for filing nursing home negligence lawsuits:

• Personal injury claims – Under CPLR § 214(5), personal injury actions must generally be filed within three years from the date of the injury. In the context of nursing homes, these claims often involve abuse, neglect, or inadequate supervision leading to falls or other harm. Claims brought pursuant to New York Public Health Law § 2801-d (which provides a private cause of action for residents deprived of their rights) often follow this three-year limitation if the underlying allegations relate to personal injury. In Zeides v. Hebrew Home for Aged At Riverdale, Inc., the court rejected the defendant’s statute of limitations argument, ruling that the plaintiff’s claim under Public Health Law § 2801-d was not subject to the two-and-a-half-year limitation for medical malpractice under CPLR 214-a. Instead, the court held that the claim fell under the three-year limitation in CPLR 214(2) because it was based on the deprivation of statutory rights rather than a deviation from medical standards.
• Medical malpractice claims – Pursuant to CPLR § 214-a, a medical malpractice action must be commenced within two years and six months from either the date of the malpractice or the end of a continuous course of treatment for the same condition or complaint (the “continuous treatment doctrine”). This statute covers cases involving licensed professionals such as doctors, nurses, or pharmacists who fail to diagnose medical conditions, prescribe proper medications, or provide timely treatment for infections or injuries.
• Wrongful death claims – Under Estates, Powers & Trusts Law (EPTL) § 5-4.1, a wrongful death action must be filed within two years from the date of death. This statutory framework allows the decedent’s personal representative (often a family member) to recover damages for funeral expenses, loss of companionship, and other pecuniary losses if the resident’s death was caused by the negligence, abuse, or malpractice of a nursing home or its staff.

Failing to file within these time limits may result in losing the right to seek compensation. Consulting an experienced New York nursing home abuse lawyer can help ensure all deadlines are met. Extensions to these deadlines may be possible under certain circumstances, such as when the injured resident was mentally incapacitated or when fraud concealed evidence of abuse. A lawyer can evaluate whether an exception applies in a specific case.

What Types of Compensation Are Available for Victims of Nursing Home Negligence?

Victims of nursing home negligence may be entitled to compensation for:

• Medical expenses – These include the costs of hospitalization, surgeries, rehabilitative therapy, prescription medications, diagnostic tests, and specialized equipment. The goal is to ensure that the victim, or their family, is reimbursed for all treatment necessitated by the defendant’s negligent or abusive actions.
• Pain and suffering – These damages account for both physical pain and emotional distress resulting from neglect or abuse. Courts examine evidence of reduced quality of life, persistent discomfort, psychological trauma, and other intangible harms suffered by the victim.
• Wrongful death damages – Under EPTL § 5-4.1, family members may seek compensation if a resident’s death was caused by negligence or malpractice. Recoverable damages often include funeral and burial costs, loss of financial support, and other pecuniary losses.
• Punitive damages – Reserved for cases of outrageous or malicious conduct, punitive damages aim to punish the wrongdoer and deter similar future behavior. Courts impose these damages only where the defendant’s misconduct demonstrates a willful disregard for residents’ safety and well-being.

Each case is different, and the amount of compensation depends on the specific harm suffered. Consulting an experienced New York nursing home abuse lawyer can help assess potential damages.

Other damages may include costs for relocation to a safer facility, therapy for emotional trauma, and loss of personal property due to financial abuse. An attorney can help determine the full scope of damages to seek in a claim.

Frequently Asked Questions

Q. What should I do if I suspect nursing home abuse?

A. If you suspect nursing home abuse, start by carefully documenting any signs of harm. Take photographs of visible injuries, make a written record of dates and times when issues occurred, and note the names of any staff members or witnesses involved. Next, report your concerns to the facility’s administration and contact the New York State Department of Health, which is responsible for regulating nursing homes and investigating complaints. You can also reach out to Adult Protective Services if you believe a resident’s safety is in immediate danger. In many cases, it is also advisable to consult an experienced New York nursing home abuse lawyer who can help assess whether legal action is appropriate and advise you on the best steps for protecting your loved one’s rights.

Q. Can I file a lawsuit on behalf of a family member?

A. Yes. If a nursing home resident is incapacitated or otherwise unable to bring a legal claim on their own, a duly appointed guardian or family member may file a lawsuit on their behalf. In New York, this often requires obtaining guardianship through the courts under Article 81 of the Mental Hygiene Law (MHL § 81.01 et seq.) or holding a valid power of attorney under General Obligations Law § 5-1501. If the resident has passed away due to suspected neglect or abuse, the personal representative or executor of the estate may initiate a wrongful death claim under EPTL § 5-4.1.

Q. How do I remove my loved one from a facility if I believe they are in immediate danger?

A. If you have reason to believe your loved one faces imminent harm, you can generally transfer them to another facility or arrange for alternative care. Before doing so, gather all relevant medical records, coordinate with the resident’s physician (if feasible), and ensure the receiving facility is prepared to provide any necessary treatments. While it is often best to consult with an experienced nursing home abuse attorney in New York prior to making this move—particularly if a lawsuit is being considered—protecting the resident’s well-being remains the top priority. If the nursing home attempts to obstruct a safe transfer, a lawyer can advocate on your behalf and address any regulatory or legal obstacles.

Q. What if the nursing home retaliates because I complained?

A. Retaliation against a resident or family member for reporting abuse is strictly prohibited by both state and federal regulations. Nursing homes are obligated to foster an environment free from fear of reprisal for voicing concerns. If you suspect retaliation—such as staff members withholding care, harassing the resident, or threatening discharge—immediately document the behavior and notify the New York State Department of Health. Additionally, an attorney can assist in taking legal action if retaliatory conduct further jeopardizes a resident’s safety or violates their rights under New York Public Health Law § 2801-d or federal regulations.

Contact Stephen Bilkis & Associates

If you or a loved one has suffered from nursing home abuse or negligence, legal action may be an option. An experienced nursing home abuse attorney serving New York can help assess the case, gather evidence, and pursue compensation. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. We serve nursing home abuse victims and their families in the following locations: Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Manhattan, Nassau County, and Queens.