New York Nursing Home Infection Lawsuits

Yes. New York nursing homes have a legal duty to follow infection control protocols established by the NY Department of Health. When a facility’s failure to maintain sanitary conditions or properly treat symptoms causes a preventable infection — such as sepsis, MRSA, C. diff, or a UTI — the facility can be held liable for negligence. NY Public Health Law §2801-d also gives residents a private right of action when their rights are violated due to neglect.

NY Public Health Law §2801-d grants nursing home residents the right to sue a facility directly when neglect or deprivation of rights causes injury. In infection cases, this law allows residents or their families to pursue a claim without having to prove the facility was reckless — ordinary negligence that results in harm is sufficient. The statute also allows for enhanced damages in cases involving willful or intentional violations.

Key evidence includes the resident’s medical records, nursing notes, wound care logs, and the facility’s infection control policies. State inspection reports from the NY Department of Health can also reveal prior citations for infection-related deficiencies. Expert medical testimony is typically required to establish that the infection was preventable and that the facility’s failures directly caused the resident’s injuries.

Under New York’s statute of limitations, most nursing home negligence claims must be filed within two and a half years of the negligent act or omission. However, claims brought under NY Public Health Law §2801-d may have different timing considerations depending on the circumstances. Given these deadlines, it is important to consult with a nursing home abuse attorney as soon as possible after discovering an injury.