Nursing Home Abuse Lawyer NYC

Public Health Law 2801-d allows a resident to sue a nursing home for depriving them of any right or benefit created by state or federal law, with attorney's fees available and a lower proof burden than ordinary negligence. That statute, alongside the federal minimum staffing and care planning rules, is what makes these cases winnable even when the facility blames age and decline.

• Pressure sores (bedsores): stage 3 and 4 wounds are almost always preventable with proper turning and nutrition.
• Falls and fractures: missing fall risk assessments, alarms, bed rails or supervision.
• Dehydration and malnutrition: unexplained rapid weight loss.
• Medication errors and chemical restraint through inappropriate sedation.
• Untreated infections and sepsis, or delayed transfer to hospital.
• Physical, sexual or financial abuse, and unexplained bruising.
• Understaffing — the root cause behind most of the above, provable through payroll-based staffing data.

The complete medical and nursing chart, wound care and turning records, Minimum Data Set assessments and care plans, staffing rosters and payroll-based journal data, Department of Health survey deficiencies and complaint history, and incident reports. Facilities are required to give residents and representatives access to records — we act quickly because charts get "corrected."

Three years for negligence and statutory claims, two years for wrongful death, 30 months where the claim is framed as medical malpractice, and 90 days for a notice of claim against a public facility. Arbitration clauses in admission agreements are frequently unenforceable — do not assume you signed away your rights.

Manhattan · Brooklyn · Queens · The Bronx · Staten Island

Call +1 650 278 4421, message us on WhatsApp, or book a call. No fee unless we win.