How to File a Complaint Against a Nursing Home in NY

You can file a complaint with the New York State Department of Health (DOH) online, by phone at 1-888-201-4563, or in writing. The DOH investigates complaints about patient care, abuse, neglect, and safety violations at licensed nursing facilities. You may also contact your regional Long-Term Care Ombudsman, who advocates independently for nursing home residents and can help escalate unresolved issues.

New York Public Health Law §2801-d gives nursing home residents a private right of action against any facility that deprives them of rights or benefits established by state or federal law. A resident—or their family on their behalf—can sue the nursing home directly for damages, including compensation for physical and emotional harm. This law is one of the strongest resident-protection statutes in the country and does not require a criminal conviction or regulatory finding before filing suit.

Reportable complaints include physical, verbal, or sexual abuse; neglect such as untreated bedsores, falls, dehydration, or medication errors; financial exploitation of residents; inadequate staffing; unsanitary or unsafe conditions; and violations of a resident’s right to dignity, privacy, or informed consent. Both DOH investigations and civil lawsuits under §2801-d can address these issues, and filing a regulatory complaint does not prevent you from also pursuing a legal claim.

Yes. Most nursing home neglect and abuse claims in New York must be filed within two and a half years (2.5 years) of the act of malpractice or omission under CPLR §214-a, which governs medical malpractice. Claims under NY Public Health Law §2801-d may follow a three-year statute of limitations. Because the clock can start on different dates depending on the circumstances, it is important to consult an attorney as soon as possible to protect your right to sue.