Families choose a nursing home because they can no longer provide the care themselves. They trust the facility to do it. Too many facilities cut staff to the bone and residents suffer for it.
Warning Signs
- Bedsores, also called pressure ulcers
- Falls and fractures
- Dehydration, weight loss, and malnutrition
- Infections and sepsis
- Medication errors and over-sedation
- Unexplained bruises or injuries
- A resident who wanders off or is found outside
- Sudden fear, withdrawal, or changes in mood
The Law Protects Residents
Neglected or mistreated in a nursing home?
New York nursing home residents have the right to sue when their rights are violated. The court may also award attorney's fees.
- The facility must pay compensation for the injury unless it shows it used all care reasonably necessary to prevent it.
- Punitive damages may be awarded when the conduct was willful or in reckless disregard of the resident's rights.
- The court may award attorney's fees.
- Any waiver of these rights, including one in the admission papers, is void.
This claim is in addition to ordinary negligence, malpractice, and wrongful death claims.
Evidence We Go After
- The complete chart, care plans, and wound care records
- Staffing schedules for the unit
- State Health Department inspection and complaint files
- Incident reports and hospital transfer records
- Photographs taken by the family
What the Family Should Do Now
- Photograph the injuries.
- Ask for the care plan and the records in writing.
- Report concerns to the State Health Department.
- If your relative is in danger, arrange a hospital evaluation or a transfer.
Deadlines
The deadline depends on the type of claim. Negligence claims generally must be filed within three years, malpractice claims within two years and six months, and wrongful death claims within two years of the death.
Deadlines can be shorter or longer depending on the facts. Call before you assume it is too late or that you have time.
Common Questions
The admission agreement has an arbitration clause. Are we stuck with it?
Not necessarily. These clauses are often challenged, and a waiver of the resident's statutory right to sue is void. Bring us the papers.
My mother has dementia and cannot tell us what happened. Can we still bring a case?
Yes. The records, the injuries, and the staff usually tell the story. A family member with legal authority can bring the claim for her.
My father passed away in the facility. Is it too late?
Not necessarily. The estate can bring claims for what he went through and for wrongful death. Call promptly because the deadlines are short.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.