Nursing Home Abuse & Neglect Lawyers in New York

New York nursing home residents have specific legal rights under Public Health Law §2801-d. When neglect or abuse causes harm — bed sores, falls, dehydration, or wandering — the facility can be held accountable.

Last updated June 2026
Laurence P. Banville, New York personal injury attorney
Laurence P. Banville Managing Partner · NY & D.C. Bars
The bottom line: New York gives nursing home residents enforceable rights under Public Health Law §2801-d. When a facility’s neglect causes preventable harm, you can pursue a claim on the resident’s behalf.

What nursing home neglect looks like

Preventable pressure sores (bed sores), unexplained falls, dehydration and malnutrition, medication errors, wandering (elopement), and unexplained injuries are common signs of understaffing and neglect.

Residents’ rights under New York law

PHL §2801-d lets residents recover when a facility deprives them of a right or benefit and causes injury. These claims can run alongside ordinary negligence and, in serious cases, wrongful death.

Deadlines

Most claims must be filed within three years (CPLR §214); wrongful death has its own shorter timeline. Act early to preserve records.

Frequently asked questions

What rights do nursing home residents have in New York?

Public Health Law §2801-d gives residents enforceable rights; when a facility deprives a resident of a right or benefit and causes injury, the resident can recover.

Are bed sores a sign of neglect?

Pressure sores are largely preventable with proper care, so their development or worsening often signals neglect or understaffing.

Laurence P. Banville

Reviewed by Laurence P. Banville, Esq.

Managing Partner, Banville Law · New York & D.C. Bars

Laurence Banville is a New York personal injury attorney and the Managing Partner of Banville Law. Born in County Wexford, Ireland, he earned his law degree summa cum laude from University College Dublin and once defended insurance companies in product-liability litigation — experience he now uses for injured New Yorkers. He has been named to the Irish Legal 100 and the Irish Echo’s Top 40 Under 40, and is an AVVO Rated attorney.

NY Bar D.C. Bar Irish Legal 100 AVVO Rated AAJ Member

Read Laurence’s full bio →

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