Nursing Home Abuse in New York? Get the justice and compensation you deserve. Call Attorney Michael Siddons for a FREE consultation: (610) 255-7500. No fee unless we win.
Experienced Nursing Home Abuse Lawyer in New York
New York has more nursing home residents than almost any other state, and abuse and neglect are disturbingly common. New York’s Public Health Law provides some of the strongest protections for nursing home residents in the country, including a private right of action that allows victims to sue for damages. Attorney Michael Siddons leverages these powerful protections to hold negligent facilities accountable and secure maximum compensation for abused and neglected residents.
New York Nursing Home Abuse Laws
New York provides robust legal protections for nursing home residents. Public Health Law §2801-d creates a private right of action for nursing home residents whose rights are violated, allowing recovery of compensatory damages, punitive damages (up to $25,000), and attorney’s fees. This statute is in addition to claims under general negligence, medical malpractice, and wrongful death law. The statute of limitations for a §2801-d claim is three years. New York follows pure comparative negligence. New York also aggressively regulates nursing homes through the Department of Health and requires compliance with federal standards.
Types of Nursing Home Abuse Cases We Handle
We handle all types of nursing home abuse and neglect in New York including physical abuse, emotional abuse, sexual abuse, neglect, medical neglect, bedsores, falls, medication errors, malnutrition, elopement, understaffing-related injuries, and wrongful death.
Compensation Available in New York Nursing Home Abuse Cases
New York nursing home abuse victims may recover medical expenses, pain and suffering, emotional distress, loss of dignity, punitive damages (including up to $25,000 under §2801-d), attorney’s fees (under §2801-d), and wrongful death damages. New York’s §2801-d is particularly powerful because it allows recovery of attorney’s fees, making it more economically feasible to pursue these cases.
Frequently Asked Questions
What is New York Public Health Law §2801-d?
This statute creates a private right of action for nursing home residents whose rights have been violated. It allows recovery of compensatory damages, punitive damages up to $25,000, costs, and attorney’s fees. It is a powerful tool for holding negligent facilities accountable.
What is the statute of limitations for nursing home abuse in New York?
Three years from the date of injury for §2801-d claims. General negligence and medical malpractice claims may have different timelines. Contact an attorney promptly.
How do I report nursing home abuse in New York?
Contact the New York State Department of Health at 1-888-201-4563, the NYS Justice Center at 1-855-373-2122, or Adult Protective Services through your local Department of Social Services.
Can I sue for understaffing at a New York nursing home?
Yes. Chronic understaffing that results in inadequate care — missed medications, delayed responses to call buttons, falls due to lack of supervision — is a form of institutional neglect. Staffing records and regulatory citations are powerful evidence.
What about nursing home residents with dementia?
Residents with dementia are particularly vulnerable to abuse and neglect. Facilities have a heightened duty to provide appropriate supervision, prevent elopement, manage behavioral symptoms without excessive chemical restraints, and protect these residents from harm by other residents or staff.
Ready to Fight for Your Rights? Contact Siddons Law Firm today for your FREE nursing home abuse consultation. Call (610) 255-7500. We serve all of New York. No fee unless we win.