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

Yes. New York allows families to bring a wrongful death lawsuit under EPTL §5-4.1 when a nursing home’s negligence causes a resident’s death. You may also have a separate survival claim for the pain and suffering the resident experienced before death. Both claims can be pursued simultaneously.

NY Public Health Law §2801-d gives nursing home residents — and their estates — a private right of action against facilities that deprive residents of their rights or fail to provide adequate care. This statute is particularly powerful because it allows courts to award attorneys’ fees and costs, and it supplements (not replaces) common-law negligence claims.

You must show that the nursing home owed a duty of care to the resident, breached that duty through negligence or misconduct (such as understaffing, medication errors, or failure to prevent falls), and that the breach directly caused the resident’s death. Expert medical testimony is typically required to establish the standard of care and causation.

Under EPTL §5-4.1, wrongful death claims in New York must be filed within two years of the date of death. Claims under NY Public Health Law §2801-d have a three-year statute of limitations. Because multiple deadlines may apply and evidence can disappear quickly, consulting an attorney as soon as possible is critical.