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  • Writer's pictureLeitner Varughese Warywoda

Can I Bring a Lawsuit for Injuries in a Nursing Home in New York?

When you have an elderly loved one in a nursing home in New York, or if you live in a New York nursing home, it is important to know a resident’s rights under New York law. You may be wondering, “Can I bring a lawsuit for injuries in a nursing home in New York?” In short, if nursing home injuries result from nursing home abuse or neglect, the injured resident or her family may be eligible to file a lawsuit in order to seek financial compensation. Most nursing home abuse and neglect claims are brought under a theory of negligence. We will provide you with additional information about nursing home rights, and common injuries that can result in successful lawsuits.

If you need help filing a nursing home negligence claim, an experienced New York nursing home negligence attorney can help you with your case.

New York Nursing Home Resident Rights

Residents in nursing homes in New York have particular rights under New York law, and nursing homes have legal responsibilities to residents. If a nursing home resident’s rights are violated and that resident suffers injuries, she or he may be eligible to file a negligence claim against the facility. In some cases, an individual staff member or health care provider also may be liable for a patient’s injuries. The New York State Department of Health lists the following as resident rights under New York law that pertain to injuries and negligence claims:

● Right to dignity, respect, and a comfortable living environment;

● Right to be free from abuse, including verbal, sexual, mental, and physical abuse; and

● Right to be free from restraints.

Residents have many other rights, as well, designed to protect them from discrimination, privacy intrusions, and financial exploitation. Nursing homes also have the following responsibilities under New York law that are relevant to resident injury claims:

● To provide clean and safe living arrangements;

● To protect residents from harsh or abusive treatment;

● To provide assistance with eating if needed; and

● To immediately consult a physician when there is an accident or a patient’s health declines.

If a nursing home violates a resident’s rights to does not meet its responsibilities, it likely is negligent according to the law and be held liable with a lawsuit. More specifically, New York Public Health Law expressly states that “any residential health care facility that deprives any patient of . . . any right or benefit . . . shall be liable to said patient for injuries.”

Examples of Nursing Home Negligence in New York

The following are some examples of injuries that might constitute negligence under New York law:

● Nursing home does not have enough staff members to adequately supervise residents, and a resident suffers injuries in a slip and fall accident;

● Nursing home staff does spend enough time caring for a patient (an example of nursing home neglect), and the patient develops bed sores;

● Nursing home staff member physically abuses a patient;

● Nursing home staff member repeatedly threatens a patient, and the patient begins to suffer physical and emotional consequences; or

● Nursing home fails to call an ambulance after a patient suffers a fall or another accident, and the patient’s injuries worsen significantly.

Learn More from a New York Nursing Home Negligence Attorney

Do you need help filing an injury claim for nursing home abuse or neglect? An experienced New York nursing home negligence lawyer can speak with you today. Contact Leitner Varughese, PLLC to learn more.


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