Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What legal options do I have if a nursing home resident was sexually abused?
Under New York Public Health Law 2801-d, nursing home residents who suffer abuse — including sexual abuse — have the right to bring a civil claim against the facility. This is separate from any criminal investigation and focuses on the institution's failure to protect its residents.
Can I file a civil lawsuit even if the nursing home denies the abuse occurred?
Yes. Civil cases rely on evidence gathered during the legal process, not on an admission by the facility. Institutions often deny wrongdoing initially, but a lawsuit can compel disclosure of records, staff histories, and prior complaints.
Is my conversation with a lawyer confidential?
Absolutely. Attorney-client privilege protects everything you share with Banville Law from the very first conversation. You are under no obligation to proceed, and you decide next steps entirely at your own pace.
What if I am not ready to talk about the details yet?
That is completely understandable — coming forward takes courage, and there is no pressure to share more than you are comfortable with. A referring attorney or Banville Law can explain the process in general terms first, so you can make an informed decision without reliving painful details.