Nursing Home Negligence

As New York’s population ages, more families rely on nursing homes to care for elderly loved ones who can no longer live independently. These facilities are meant to provide skilled care, safety, and dignity to residents who need daily medical and personal support. Unfortunately, too many nursing homes in New York City and across the state fall short of that promise.

According to the Centers for Medicare & Medicaid Services (CMS), more than 1.2 million Americans live in certified nursing facilities, including residents in over 500 nursing homes across New York City’s five boroughs. Yet reports continue to show widespread problems with understaffing, poor training, and inadequate oversight.

An AARP report found that nearly 80 percent of NYC nursing homes did not receive a single visit from required state oversight programs during a three-month review period in 2022, raising serious concerns about accountability and resident safety.

Common signs of nursing home neglect and abuse include:

Preventable injuries from falls
Bedsores or pressure ulcers
Malnutrition and dehydration
Sudden weight loss
Emotional withdrawal
Physical discomfort

Across New York State, approximately 3% of nursing home residents fall each year, with approximately 10-20% of such falls resulting in serious injury, often due to insufficient supervision or failure to follow safety protocols. These numbers represent far more than statistics. They reflect real individuals whose well-being depends on facilities that too often prioritize profits over patient care.

Nursing home negligence can lead to devastating outcomes, including falls, bedsores, dehydration, malnutrition, infections, and emotional trauma. Because the signs of neglect or abuse, such as bruising, confusion, or withdrawal, may be mistaken for symptoms of aging or dementia, it is vital for family members to remain alert and to question changes in a loved one’s condition or behavior.

At Kramer, Dunleavy & Ratchik, PPLC, we hold negligent nursing homes accountable for the harm they cause. Our firm represents families throughout New York City in cases involving nursing home neglect, abuse, wrongful death, and violations of state and federal care standards. We are dedicated to protecting the rights of the elderly and ensuring they receive the care and respect they deserve.

FAQ's

1. What is “nursing home negligence” in New York?
It refers to the failure of a nursing home and its staff to provide care and treatment in accordance with the accepted standard of care which causes harm to a resident. Examples include falls, bedsores (pressure ulcers), malnutrition or dehydration, infections, and abuse. To have a case, you must show an underlying duty of care, a breach of said duty, and damages resulting from the breach.

2. How long do I have to sue for nursing home negligence in NY?
The statute of limitations for nursing home cases is 3 years from the date of the negligent act or omission, if the case sounds in ordinary negligence. If the allegations sound in medical malpractice, however, the statute of limitations will be 2.5 years from the date of malpractice.

3. Does the statute start when the harm happens, or when I discover the harm?
New York does not have a “date of discovery” rule that applies to nursing home negligence cases. Which means that the statute of limitations begins when the negligent act occurred, not when the harm resulting from the act was discovered.

4. What damages are available in a nursing home negligence case?
Non-economic damages (pain and suffering, loss of enjoyment of life) and economic damages (hospital and medical bills, lost earnings) are recoverable in nursing home negligence cases. And if the nursing home’s conduct constitutes gross negligence or was particularly egregious, the resident may be entitled to punitive damages.

5. Do I need expert witnesses in these cases?
Except in cases sounding in ordinary negligence, e.g. a fall due to a wet floor, expert witness testimony will be necessary to establish a departure from the standard of care. And in every type of case, expert witness testimony will be necessary to causally connect the alleged negligence with the harm sustained by the resident, and to prove the nature and extent of the resident’s injuries.

6. What evidence helps build a strong nursing home negligence claim?

The medical record maintained by the nursing home, including any care plans, incident reports contained therein, is the starting point for any nursing home negligence case. Deposition testimony of staff members, reports from outside inspectors, and observations of family members can also be useful evidence. Expert witnesses will be needed to establish a breach of the standard of care and harm resulting from the alleged breach.

7. If the nursing home tries to settle, should I accept right away?
Not necessarily. You need to understand the full extent of your damages, including the permanency of any physical injuries and your economic loss. Sometimes early offers are low. A lawyer can help you better approximate your damages and future care needs so that you are fully informed before accepting any settlement offer.

8. What if my loved one is mentally incapacitated or unable to express the injury? Does that change deadlines?
It might. Incapacity or conditions like dementia can affect whether someone has the capacity to even bring a lawsuit. Under such circumstances, the statute of limitations may be tolled (delayed) until they either regain capacity or a legal representative is appointed.

9. How much will hiring a lawyer cost in a nursing home negligence case?
These types of cases are handled on a contingency fee basis (you pay only if you recover). The lawyer typically advances costs (court filing fees, medical record retrieval, expert witnesses, etc.) and recovers those as part of the settlement or judgment. Make sure you understand what percentage the attorney will take and how costs are calculated.

10. How long do nursing home negligence cases take in NY to resolve?
It depends. Nursing home negligence cases are more complex than premises and auto accident cases. The complexity of a case will depend on the length of the admission, the legal and medical issues involved, and whether the case proceeds to trial. Many cases involve motion practice which can also prolong the resolution of a case, especially if there is an appeal.

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Kramer, Dunleavy & Ratchik, PLLC is located in New York NY and serves clients in Manhattan, Brooklyn, Bronx, and Queens.This website contains “attorney advertising”. Prior results do not guarantee a similar outcome.

The information contained on this website is for general information purposes and is not intended to be legal advice.