Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What types of damages can be recovered in a wrongful death case involving nursing home abuse in New York?
New York allows two parallel claims: a wrongful death action (for the family) and a survival action (for the estate). Wrongful death damages cover the decedent's lost future earnings and financial contributions, funeral and burial expenses, and the value of parental guidance or household services. The survival claim recovers damages the resident personally suffered before death, including medical bills and conscious pain and suffering endured during the period of neglect or abuse.
Who has the right to sue a nursing home for wrongful death in New York?
Under New York's Estates, Powers and Trusts Law (EPTL) §5-4.1, a wrongful death action must be brought by the personal representative of the decedent's estate. Recovery is distributed to distributees—typically a spouse, children, or parents—based on their pecuniary loss. A separate survival action for the resident's own pre-death damages is brought by the estate and distributed under the will or intestacy laws.
Does New York law give nursing home residents a special right to sue for abuse or neglect?
Yes. New York Public Health Law §2801-d grants nursing home residents (and their estates) a private right of action against any residential health care facility that deprives them of rights or benefits established by federal or state law. This statute allows recovery of compensatory damages, attorneys’ fees, and—where the deprivation is found to be willful or in reckless disregard of the resident’s rights—punitive damages. It is a powerful additional remedy on top of a standard negligence or wrongful death claim.
What is the deadline to file a wrongful death lawsuit against a nursing home in New York?
New York's statute of limitations for wrongful death is two years from the date of death under EPTL §5-4.1. The survival action's deadline depends on what claim the resident could have brought had they lived: generally three years for ordinary negligence under CPLR §214, two and a half years if the claim involves medical judgment under CPLR §214-a, or as little as one year under CPLR §215 if the harm involved a deliberate act, such as physical or sexual abuse by staff. Because nursing home cases often involve both neglect and, in some cases, abuse — each with a different deadline — families should consult an attorney as soon as possible to preserve evidence and confirm which deadlines apply.