Can You Sue a Caregiver?

Can you sue a caregiver in New York?

Yes. A caregiver who is responsible for another person’s safety owes a duty of care, and when they breach that duty and cause injury, they can be held liable. This applies to paid professionals, agency aides, and in some cases unpaid family caregivers who took on the responsibility. The most common claims are negligence (careless mistakes that cause harm) and intentional misconduct such as abuse, neglect, financial exploitation, or assault.

Personal injury claims in New York generally must be filed within three years of the injury. CPLR §214 If the caregiver is a licensed medical professional and the harm arose from medical treatment, a shorter medical malpractice deadline of roughly two and a half years may apply instead. CPLR §214-a

What kinds of caregiver conduct lead to a lawsuit?

Liability usually comes down to whether the caregiver acted reasonably given what they were responsible for. Situations that frequently lead to claims include:

• Physical neglect — failing to provide food, water, medication, hygiene, or supervision, leading to bedsores, falls, dehydration, or infection.
• Abuse — hitting, restraining, or otherwise physically or emotionally harming the person in their care.
• Medication errors — giving the wrong drug or dose, or skipping required medication.
• Financial exploitation — stealing money, misusing accounts, or coercing changes to financial documents.
• Failure to supervise — leaving a vulnerable person unattended in a way that causes injury.

When the person harmed lives in a nursing home or residential facility, New York gives residents specific legal protections, and violations can support a claim against the facility. Public Health Law §2801-d

Who can actually be held responsible?

It is not always just the individual caregiver. Depending on the facts, responsibility may extend to:

• The caregiver personally, for their own negligent or intentional acts.
• The employing agency or facility, which can be liable for the conduct of its staff and for negligent hiring, training, or supervision.
• A nursing home or assisted-living operator, when inadequate staffing or systemic neglect contributed to the harm.

Identifying every responsible party matters, because a facility or agency often carries insurance that an individual caregiver does not.

How is a caregiver injury claim valued?

There is no fixed figure, and any honest answer depends on the specifics. The factors that drive value include the severity and permanence of the injury, medical and care costs (past and future), lost income where relevant, the degree of pain and suffering, and whether the conduct was reckless or intentional rather than a simple mistake. New York follows comparative negligence, so a recovery can be reduced if the injured person is found partly at fault. CPLR §1411 Outcomes vary case to case, and prior results do not guarantee future ones.

What should you do next?

Preserve evidence early: photograph injuries and conditions, keep medical and care records, save messages and financial statements, and write down what happened while it is fresh. Report suspected abuse or neglect to the appropriate authority, and get medical attention documented. Because deadlines run from the date of injury and can be shorter against certain providers or public entities, it is worth confirming your specific timeline with a New York attorney before time runs out.

Frequently asked questions