Lawsuit Against a Nursing Home in New York

Grounds include physical abuse, sexual abuse, financial exploitation, neglect (such as bedsores, falls, or malnutrition), and violations of a resident's rights. Under NY Public Health Law §2801-d, any deprivation of a resident's rights or benefits is actionable even if the facility did not act with intentional malice.

NY Public Health Law §2801-d gives nursing home residents a private right of action against facilities that deprive them of their rights or benefits. It entitles prevailing plaintiffs to actual damages, and in cases of willful or reckless conduct, up to 25 percent additional damages plus reasonable attorney fees — making it one of the strongest nursing home protection statutes in the country.

The statute of limitations for most nursing home negligence and abuse claims in New York is generally two and a half years from the date of the injury or the last treatment by the facility. Claims under NY Public Health Law §2801-d may be subject to a three-year period. Acting promptly preserves evidence and witness recollections, so families should consult an attorney as soon as possible.

Recoverable damages include medical expenses, pain and suffering of the resident, emotional distress, and — in wrongful death cases — loss of guidance and support for surviving family members. Willful or reckless violations of NY Public Health Law §2801-d can also result in enhanced damages and attorney fees.