Can You Sue a Nursing Home for Negligence in NY?

New York Public Health Law §2801-d gives nursing home residents a private right of action when a facility violates their rights or fails to provide adequate care. This statute is separate from medical malpractice claims and allows residents to seek compensatory damages directly tied to the harm caused by negligence or abuse.

Common grounds include failure to prevent pressure sores (bedsores), medication errors, falls from inadequate supervision, malnutrition or dehydration, physical or emotional abuse by staff, and inadequate infection control. New York regulations set specific staffing and care standards, and violations of those standards can support a negligence claim.

The statute of limitations depends on the type of claim. Under NY Public Health Law §2801-d, the limitations period is generally three years from the date of the violation. Medical malpractice claims against a nursing home carry a two-and-a-half year deadline. Because the deadlines differ, it is important to consult an attorney as soon as possible to preserve all available claims.

Yes. If a resident died as a result of nursing home negligence or abuse, eligible family members may bring a wrongful death claim under New York Estates, Powers and Trusts Law §5-4.1. A survival action may also be brought on behalf of the estate to recover damages the resident experienced before death, including pain and suffering.