Can You Sue for Bed Sores in New York?

Liability typically falls on nursing homes, hospitals, assisted-living facilities, home health aides, or supervising physicians — anyone whose failure to reposition a patient, maintain hygiene, or monitor skin integrity caused or worsened the wound. Under New York law, facilities have a duty of care to residents and can face both negligence and Public Health Law §2801-d claims for failing to meet that standard.

You must show that the facility or caregiver owed your loved one a duty of care, breached that duty by failing to follow accepted wound-prevention protocols, and that the breach directly caused measurable harm — such as infection, hospitalization, or death. Medical records documenting the wound’s stage, treatment notes, and incident reports are critical evidence in these cases.

In most bed sore cases, New York’s general personal injury statute of limitations under CPLR §214 gives you three years from the date of injury. However, if the claim involves medical malpractice, a 2.5-year limit under CPLR §214-a may apply. Because the shorter deadline can be easy to miss, you should consult an attorney as soon as possible.

Recoverable damages may include medical expenses for wound treatment and surgery, pain and suffering, loss of enjoyment of life, and — in wrongful death cases — funeral costs and loss of companionship. New York also allows punitive damages in egregious nursing home neglect cases under Public Health Law §2801-d, where the facility’s conduct shows reckless disregard for a resident’s rights.