Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Who do I call to report nursing home neglect in New York?
Call the New York State Department of Health nursing home complaint hotline at 1-888-201-4563, available 24/7. You can also contact your regional Long-Term Care Ombudsman, who acts as an independent advocate for nursing home residents and can investigate complaints confidentially.
What is NY Public Health Law §2801-d and how does it protect nursing home residents?
NY Public Health Law §2801-d gives nursing home residents and their families a private right of action to sue a facility for deprivation of their rights, including the right to adequate care and freedom from abuse and neglect. Unlike a standard negligence claim, this statute allows for punitive damages of up to 25% of the compensatory award when the facility acted with reckless disregard for the resident’s rights.
What counts as nursing home neglect under New York law?
Nursing home neglect in New York includes failure to provide adequate nutrition, hydration, hygiene, medical care, or supervision. Common signs include unexplained weight loss, preventable bedsores, repeated falls, medication errors, and poor sanitation. Facilities licensed in New York are required by state regulation to meet minimum standards of care for every resident.
Can I file a lawsuit while a state complaint is pending?
Yes. Filing a complaint with the NY DOH or Ombudsman does not prevent you from pursuing a civil lawsuit simultaneously. In fact, the DOH investigation and any citations or deficiency findings can become important evidence in a §2801-d claim or a common-law negligence case against the facility.