Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file a nursing home sexual abuse lawsuit if the abuse happened years ago?
Yes. Under CPLR 214-j, survivors of adult sexual abuse have 7 years from the last act of abuse, or 3 years from the date they first connected the abuse to a psychological or physical injury — whichever is later. If the abuse occurred in a nursing home, NY Public Health Law 2801-d may provide additional protections.
Does a civil lawsuit require me to report the abuse to police first?
No. A civil lawsuit is entirely independent of any criminal prosecution. You have the right to pursue a civil claim at your own pace, and you decide whether to involve law enforcement — those are two separate paths, and one does not require the other.
What if I am not ready to share all the details right away?
That is completely understandable — coming forward takes courage, and you are in control of this process. Every conversation with Banville Law is protected by attorney-client privilege, and there is no obligation to proceed. You can share as much or as little as you are ready to at any point.
Can the nursing home be held responsible even if they claim they did not know about the abuse?
Institutions can be held liable under theories of negligent hiring, negligent supervision, and negligent retention — meaning the nursing home's failure to protect residents can establish civil liability independent of what staff knew or when. The focus is on the institution's duty to keep residents safe.