Can You Sue a Nursing Home for Wrongful Death in NY?

Two statutes work together in New York. The Estates, Powers and Trusts Law (EPTL) §5-4.1 gives a decedent’s distributees the right to bring a wrongful death action for pecuniary losses caused by negligence. Separately, NY Public Health Law §2801-d creates an independent private right of action when a nursing home deprives a resident of rights or benefits established by state or federal law, making it a powerful parallel claim in neglect-related deaths.

Under EPTL §5-4.1, only the personal representative (executor or administrator) of the deceased resident’s estate may file a wrongful death action in New York, with any recovery distributed to the distributees — typically a spouse, children, or parents. A survival claim for the resident’s own pain and suffering before death can also be brought by the estate and is commonly filed alongside the wrongful death claim.

NY Public Health Law §2801-d allows residents — or their estates — to sue a nursing home directly for violations of patients’ rights recognized under state and federal law, including rights to adequate medical care, hygiene, supervision, and freedom from abuse. Unlike a standard negligence claim, §2801-d can support an award of actual damages and, where the deprivation was willful or in reckless disregard of patients’ rights, up to 25% in additional damages. This statute makes New York law particularly protective for nursing home victims.

New York’s statute of limitations for wrongful death is two years from the date of death under EPTL §5-4.1. Claims under NY Public Health Law §2801-d must be filed within three years. Because the personal representative must also be appointed by Surrogate’s Court before filing, families should consult an attorney promptly to avoid missing these deadlines.