Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What causes a bed sore lawsuit against a nursing home in New York?
Bed sores (pressure ulcers) typically result from nursing home staff failing to reposition immobile residents, provide adequate nutrition, or maintain proper skin hygiene. Under New York law, nursing homes have a duty of care to residents, and preventable pressure ulcers are often evidence of negligence or medical malpractice. Families can pursue claims when facilities fail to meet the standard of care.
How long do I have to file a bed sore lawsuit in New York?
New York’s statute of limitations for medical malpractice is 2.5 years from the negligent act or from the end of continuous treatment under CPLR §214-a. A certificate of merit must also be filed within 90 days of the complaint, certifying that a licensed medical professional has reviewed the case and believes there is a reasonable basis for the claim.
What compensation can families recover in a nursing home bed sore case?
Recoverable damages in a New York nursing home bed sore lawsuit may include medical expenses for wound treatment and hospitalization, pain and suffering, and in cases of wrongful death, funeral costs and loss of companionship. The amount depends on the severity of the injury, the extent of negligence, and the resident’s overall condition.
What is the difference between a negligence claim and a medical malpractice claim for bed sores?
In New York, bed sore cases can be brought as either general negligence or medical malpractice depending on whether a medical judgment was involved. Malpractice claims require the certificate of merit and carry the 2.5-year SOL under CPLR §214-a, while negligence claims carry a 3-year SOL. An attorney can help determine which theory applies based on the specific facts of the case.