Common Nursing Home Ailments in New York

Nursing homes are trusted to provide safe, high-quality care for New York’s elderly and medically vulnerable residents. With approximately 600 nursing homes caring for nearly 100,000 residents statewide, the role these facilities play in our healthcare system is significant. Families expect that their loved ones will receive proper attention, medical supervision, and daily living support in these settings. Unfortunately, that expectation is not always met. When facilities fail to uphold their duty of care, residents may suffer from a range of preventable ailments caused by neglect or abuse.

If your loved one developed a serious condition in a nursing home, you may have legal options. Residents of New York nursing homes have rights protected under federal and state law. If those rights are violated, you may be able to pursue a claim. Contact an experienced New York nursing home ailments lawyer at Stephen Bilkis & Associates to learn more.

What Are Preventable Nursing Home Ailments?

Due to their advanced age and complex health conditions, nursing home residents are more susceptible to illness. However, many conditions that arise in nursing homes are preventable when staff follow basic standards of care. These ailments are often indicators of systemic neglect or even abuse. When facilities are understaffed, untrained, or careless, vulnerable residents suffer.

Below are some of the most common preventable nursing home ailments in New York, their causes, and the legal standards that apply.

• Pressure Ulcers (Bedsores). Pressure ulcers, also known as bedsores, are a common sign of nursing home neglect. These painful wounds form when a resident stays in one position for too long, placing pressure on bony areas such as the back, hips, heels, and elbows. Without proper intervention, pressure ulcers can worsen quickly, leading to serious infections, sepsis, and even death. They are preventable with appropriate repositioning schedules, regular skin assessments, adequate hydration, and properly fitted medical equipment.

In Gilus v. Palm Gardens Care Center LLC, 2021 NY Slip Op 31392(U), the plaintiff alleged that the nursing home’s failure to prevent and treat pressure ulcers caused the resident’s death. The court denied the defendant’s motion for summary judgment, finding sufficient evidence of potentially negligent care to allow the case to proceed. Under 42 CFR § 483.25, facilities are obligated to take steps to prevent these injuries unless they are clinically unavoidable. If a resident suffers a pressure ulcer due to negligence, the nursing home may be liable under New York Public Health Law § 2801-d. According to the New York State Department of Health, 7.4% of residents had pressure ulcers in 2015—a number that remains a concerning indicator of facility standards.

• Malnutrition and Dehydration. Proper nutrition and hydration are vital for elderly residents. Yet, many nursing homes fail to monitor intake or provide assistance with meals. Malnutrition and dehydration can lead to weakened immune systems, confusion, pressure ulcers, and even death. These conditions often develop because staff fail to monitor food and fluid intake, staffing levels are inadequate during meals, individualized nutrition plans are not followed, or swallowing disorders like dysphagia are ignored.

Federal regulations, specifically 42 CFR § 483.25(g), require facilities to ensure that residents maintain acceptable nutritional status. If a nursing home fails in this duty, it may be liable under New York law. Warning signs of malnutrition and dehydration include rapid weight loss, dry mouth or cracked lips, fatigue, confusion, and repeated urinary tract infections.

• Falls and Fall-Related Injuries. Falls are one of the most common and harmful incidents that occur in nursing homes. They often lead to fractures, head injuries, loss of mobility, or even death. These events are typically preventable with proper risk assessments and personalized care planning. Unfortunately, falls still happen when staff fail to evaluate fall risks, provide timely assistance, keep floors clear of hazards, or ensure residents have the right mobility aids.

Federal regulations under 42 CFR § 483.20 require facilities to assess and address fall risks, while New York Public Health Law § 2801-d allows legal action when facilities fail to comply. A 2022 report from The Journal News revealed that about 75% of New York nursing homes were short-staffed, worsening fall risks and delaying emergency responses.

• Medication Errors. Medication errors are a serious concern in nursing homes, particularly since elderly residents often rely on multiple medications to manage chronic conditions. Mistakes in administering medications can lead to dangerous drug interactions, overdoses, or withdrawal. These errors frequently happen when staff administer the wrong medication or dosage, fail to give medication on time, confuse residents, or ignore adverse side effects.

According to federal law, 42 CFR § 483.45, nursing homes are required to manage and administer medications correctly. When these duties are neglected, it can result in serious harm such as heart problems, seizures, cognitive decline, or even death. Facilities may be held legally responsible when medication errors occur due to staff negligence.

• Infections and Communicable Diseases. Infections are a constant threat in nursing homes, where residents often have weakened immune systems and live in close proximity to others. When facilities fail to maintain basic hygiene practices, infections can spread quickly and lead to serious complications. Common infections in nursing homes include urinary tract infections, respiratory infections such as pneumonia and COVID-19, skin infections like MRSA, and gastrointestinal illnesses including norovirus.

Federal law under 42 CFR § 483.80 requires each facility to maintain an infection prevention and control program. When nursing homes neglect this duty, they may be held liable under New York Public Health Law. Effective infection control depends on staff training, adherence to handwashing protocols, and regular disinfection of shared equipment.

• Other Preventable Ailments
  • Choking: Residents with swallowing disorders must be supervised during meals. Negligence can result in choking or aspiration pneumonia.
  • Wandering and Elopement: Facilities must secure residents with dementia who are prone to wandering. Failure can result in residents leaving the facility unsupervised. Failure can result in residents leaving the facility unsupervised. 42 CFR § 483.25(h) and § 483.70(b) outline the facility’s responsibility to ensure safety.

Each of these conditions, when caused by staff negligence or lack of adequate care, may support a legal claim. If you or your loved one suffered serious physical injuries while living at a nursing facility, contact an experienced New York nursing home ailments lawyer.

What Legal Rights Do New York Nursing Home Residents Have?

Nursing home residents in New York are protected under multiple legal authorities:

• Federal Nursing Home Reform Act (42 USC § 1395i-3, § 1396r): This federal law establishes baseline standards for care, safety, and staffing in nursing homes that receive Medicare or Medicaid funding. It also outlines specific resident rights, including the right to be free from abuse and neglect.
• New York Public Health Law § 2801-d: This law allows nursing home residents or their families to file civil lawsuits if the facility violates any state or federal rule or regulation that results in harm. It provides for the recovery of damages and, in some cases, punitive damages.

In Murray v. Staten Island Care Center, 2024 NY Slip Op 50347(U), the Supreme Court of Richmond County allowed a claim under § 2801-d to proceed after a resident allegedly died from COVID-19 due to the facility’s failure to follow infection control protocols. The court found that failure to comply with mandated safety regulations could support a private cause of action

• New York State Residents’ Bill of Rights (10 NYCRR § 415.3): Residents in New York nursing homes are entitled to dignified and respectful treatment. They also have the right to participate in decisions about their care and to voice grievances without fear of retaliation.
• Elder Abuse Reporting Law: New York requires certain individuals, including nursing home staff, medical professionals, and social workers, to report suspected elder abuse. Failure to report can result in penalties, and timely reporting helps ensure swift intervention and protection for at-risk residents.

Facilities that fail to follow these laws may face fines, license revocation, or civil lawsuits.

What Should I Do If I Suspect Neglect or Abuse?

If you believe your loved one is suffering due to neglect or abuse in a nursing home, take immediate action to protect their safety and well-being.

• Seek medical attention right away. If your loved one shows signs of distress or injury, getting them the appropriate care should be your first priority. Immediate medical evaluation can also document the extent of the harm.
• Document everything you observe. Take clear photographs of any visible injuries, unsafe conditions, or unsanitary environments. Keeping a written journal of dates, conversations, and changes in your loved one’s condition can serve as strong evidence later.
• Obtain medical records from the facility. Reviewing these documents may help uncover patterns of neglect, missed treatments, or medication errors that contributed to your loved one’s condition.
• Report your concerns to the appropriate authorities. Contact the New York State Department of Health (1-888-201-4563) or Adult Protective Services to initiate an official investigation into the facility’s practices. 
• Consult an experienced New York nursing home abuse lawyer. Legal guidance is essential to protect your loved one’s rights and determine whether you have grounds for a lawsuit to seek justice and compensation.

What Damages Can Be Recovered in Nursing Home Abuse Cases?

If a loved one is injured or dies due to preventable ailments caused by nursing home negligence, several types of damages may be available:

• Medical Expenses: Victims and their families may be reimbursed for medical care directly resulting from the facility’s negligence. This includes costs for emergency room visits, hospitalization, surgery, medications, physical therapy, and follow-up treatment. The defendant may be the nursing home operator or healthcare provider who failed to deliver appropriate care.
• Pain and Suffering: This type of compensation covers the physical pain and emotional trauma the resident endured due to abuse or neglect. It may also account for humiliation or discomfort caused by visible injuries or prolonged suffering. The responsible party is often the facility or staff members who failed to meet acceptable care standards.
• Emotional Distress: When a resident experiences fear, anxiety, depression, or trauma because of abuse or witnessing mistreatment of others, emotional distress damages may be awarded. These claims are usually brought against the facility and any staff members whose conduct directly caused or allowed such harm.
• Loss of Enjoyment of Life: This damage type applies when neglect leads to a diminished ability to participate in daily or meaningful activities. A resident who can no longer walk, eat independently, or communicate due to negligent care may be eligible for compensation. The nursing home or supervising staff may be held liable.
• Punitive Damages: These damages are not meant to compensate the victim but to punish the wrongdoer and deter future misconduct. Punitive damages may be awarded when a facility engages in extreme conduct that goes beyond mere negligence. This includes intentionally withholding care, falsifying medical records, or physically abusing residents. Defendants typically include facility owners or management who ignored repeated warnings, tolerated ongoing abuse, or actively concealed harmful conditions to avoid liability or regulatory scrutiny.
• Wrongful Death Damages: If a resident dies due to nursing home abuse or neglect, eligible family members may file a wrongful death lawsuit under EPTL § 5-4.1. Recoverable damages may include funeral and burial expenses, loss of companionship, and the decedent’s pain and suffering before death. The defendant may be the facility or a specific staff member responsible for the fatal harm.

What Is the Statute of Limitations for Nursing Home Abuse Claims in New York?

If you are considering legal action for nursing home abuse or neglect in New York, it is important to understand the applicable deadlines. Most personal injury claims, including those based on nursing home negligence, must be filed within three years from the date of the injury. If the case involves wrongful death, the statute of limitations is generally two years from the date of death, as governed by New York Estates, Powers and Trusts Law (EPTL) § 5-4.1.

Additional time limitations may apply if the defendant is a public hospital, nursing home, or other municipal health care entity. In such cases, the plaintiff is generally required to file a Notice of Claim within 90 days of the incident before initiating a lawsuit. This procedural requirement allows the government entity to investigate the claim before litigation begins. Failure to file a timely Notice of Claim may result in dismissal of the case.

In Schrager v. Henry J. Carter Specialty Hospital & Nursing Facility, 2018 NY Slip Op 31202(U), the plaintiff sought permission to file a late notice of claim, arguing excusable neglect and lack of prejudice to the defendant. The court’s analysis emphasized the importance of timely legal action in claims against publicly operated healthcare facilities.

Frequently Asked Questions (FAQs)

Contact Stephen Bilkis & Associates

Preventable ailments in nursing homes are not just medical issues, they are legal ones. When facilities violate the rights of residents, families have the right to seek justice. The experienced nursing home ailment attorneys serving New York at Stephen Bilkis & Associates has decades of experience holding negligent nursing homes accountable. We offer compassionate legal guidance, detailed investigation of your case, and aggressive advocacy to help you recover the compensation your loved one deserves. If you suspect abuse or neglect, don’t wait. Contact us today at 800.696.9529 for a free, no obligation consultation. We serve clients throughout New York, including Brooklyn, Manhattan, Queens, Bronx, Staten Island, Nassau County, Suffolk County, Westchester County, and Long Island.