Can You Sue a Home Health Agency in New York?

Common grounds include negligent hiring of unqualified or criminal aides, failure to supervise caregivers, neglect or abuse of patients, and medication errors. New York courts hold agencies liable when their own negligence in staffing or oversight directly causes patient harm, not just the individual aide acting alone.

Most claims fall under New York’s 3-year personal injury statute of limitations (CPLR §214), meaning you must file within three years of the date of injury or discovery of harm. If the patient died due to negligence, a wrongful death claim must typically be filed within two years of the date of death under EPTL §5-4.1. Consult an attorney immediately to protect your rights.

Yes, under the theory of negligent hiring or negligent retention. If the agency failed to conduct proper background checks or ignored warning signs about a caregiver and that person later harmed a patient, the agency can be held directly liable in New York courts. This is separate from any criminal charges against the aide.

Recoverable damages may include medical expenses, pain and suffering, lost wages if a family caregiver was affected, and, in wrongful death cases, funeral costs and loss of parental guidance. New York does not cap compensatory damages in most personal injury cases, so the amount depends on the specific facts and severity of harm.