When an older adult suffers serious injuries in a nursing home as a result of passive neglect or intentional abuse, the first issue on the minds of that older adult’s children and loved ones is to ensure that the nursing home abuse stops and that their loved one receives proper medical treatment. While an adult child may have a clearer understanding of how to seek immediate medical treatment, knowing precisely how to move forward with a nursing home negligence claim can be complicated and difficult. Is there a specific law under which a claim should be filed? Will a nursing home negligence claim be sufficient to prevent subsequent harm in a nursing facility? How much time is there to file a claim? New York Public Health Law provides a clear path to filing a lawsuit.
Whenever you have questions about nursing home neglect claims or need assistance with a lawsuit, you should seek advice from an experienced New York nursing home negligence attorney. In the meantime, the following are some top things to know about nursing home negligence lawsuits brought under New York Public Health Law.
Patients of Residential Care Facilities Can File Lawsuits Under New York Law
If you or your elderly loved one suffered a serious injury, it may be possible to file a lawsuit under New York Public Health Law. Under Section 2801-D, “any residential health care facility that deprives any patient of said facility of any right or benefit . . . shall be liable to said patient for injuries suffered as a result of said deprivation.” The law defines a “right or benefit of a patient” to mean “any right or benefit created or established for the well-being of the patient by the terms of any contract, by any state statute, code, rule or regulation.” The law further clarifies that an “injury” is a term that includes but it not limited to:
● Physical harm to a patient;
● Emotional harm to a patient;
● Death of a patient; and
● Financial loss to a patient.
Residential Care Facilities Include Nursing Homes and Related Facilities
Under New York law, a residential care facility is defined as “a nursing home or facility providing health-related service.” A health-related service is then defined as “service in a facility or facilities which provide or offer lodging, board and physical care including, but not limited to, the recording of health information, dietary supervision and supervised hygienic services incident to such service.”
As such, a person may be able to file an elder abuse lawsuit under New York Public Health Law for injuries at a nursing home, assisted-living facility, or any other facility that provides basic assistance with activities of daily living and various forms of medical or healthcare to seniors.
Multiple Forms of Relief May be Available
Under New York Public Health Law, an injured senior who can prove that the nursing home was negligent can be eligible for compensatory damages “in an amount sufficient to compensate such patient for such injury, but in no event less than 25% of the daily per-patient rate of payment.” In addition, the law allows a patient to seek additional damages, including injunctive relief.
Contact Our New York Nursing Home Negligence Attorneys
If you have questions about filing a lawsuit under New York Public Health Law, our New York nursing home negligence lawyers can assist you. Contact Leitner Varughese Warywoda PLLC for more information.