Pressure ulcers (bedsores). Unexplained injuries. Medication errors. Falls without documentation. Malnutrition or dehydration. NY's nursing home residents' rights statute gives nursing-home residents (and their representatives) a private right of action for any violation of statutory rights — including attorney's fees against the facility.
Madison Law Firm PLLC · 579 5th Ave, 2nd Floor, New York, NY 10017
Complete facility chart, MDS assessments, care plans, incident reports, staffing levels for the relevant shifts, DOH survey deficiency reports, photographs of injuries.
Nursing-home corporate carriers (CNA, Beazley) underwrite this exposure carefully. We document the deviation from NY's nursing-home standards and applicable federal nursing-home regulations before negotiation.
NY law allows recovery of compensatory damages AND attorney's fees and costs. Standard PI doesn't allow fee-shifting; this does. That changes the negotiation dynamic substantially.
Every case is different. The recoverable damages depend on your injuries, the insurance available, and the facts of your case.
NY nursing-home abuse claims under NY nursing home abuse claims follow the 3-year SOL for personal injury (New York civil procedure rule 214). Wrongful death from nursing-home abuse: 2 years from date of death. Continuous-treatment doctrine may extend the SOL for ongoing neglect.
Unlike standard NY personal-injury claims, NY's nursing home residents' rights statute explicitly allows recovery of attorney's fees and costs in addition to compensatory damages. This is one of the most plaintiff-friendly statutes in the state and changes how facilities calculate settlement value.
Federal regulations govern Medicare/Medicaid-certified nursing facilities (most NY homes). Violations — inadequate staffing, missing care plans, unauthorized restraints, failure to prevent pressure ulcers — are admissible as evidence of deviation from accepted standards.
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