Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What is the difference between reporting to authorities and filing a civil lawsuit?
Reporting to the New York State Department of Health or law enforcement is a criminal matter — it focuses on punishing the perpetrator. A civil lawsuit under NY Public Health Law 2801-d is separate and holds the nursing home itself financially accountable for failing to protect you. You can pursue one, both, or neither — the choice is yours.
Can I file a civil claim if the nursing home denies the abuse occurred?
Yes. Civil liability is independent of whether the facility admits wrongdoing or whether criminal charges are ever filed. Banville Law investigates institutional failures — such as negligent hiring and inadequate supervision — that allowed the abuse to happen.
Is my conversation with Banville Law confidential?
Absolutely. Attorney-client privilege protects every conversation you have with Banville Law from the very first contact. Nothing you share will be disclosed without your explicit consent.
What if I am not ready to talk about details yet?
Coming forward takes courage, and there is no pressure to share more than you are comfortable with. Banville Law can discuss your legal options in general terms first, and you decide the pace and next steps. If you need immediate support, RAINN's confidential hotline is available 24/7 at 800-656-4673.
How long do I have to take legal action after nursing home sexual abuse in New York?
The deadline depends on how the claim is framed, and more than one may apply to the same incident. A claim under Public Health Law §2801-d generally carries a 3-year deadline. If the claim is framed as a direct intentional tort — assault or battery — against the person who committed the abuse, that deadline is much shorter: 1 year under CPLR §215. Because sexual abuse is a deliberate act, this shorter deadline often applies and can pass while the priority is a resident's safety and care. An attorney can confirm every deadline that applies to your specific situation as early as possible.