Approximately 1.5 million people reside in nursing homes across the United States. Many nursing homes are understaffed or have poorly trained staff or overworked staff. In the year 1987, Congress passed the Omnibus Budget Reconciliation Act of 1987 (OBRA, 1987) in part as a response to the decades of nursing homes being plagued with reports suggesting widespread and serious maltreatment of residents, including abuse, neglect, and theft of personal property.
We handle New York nursing home abuse, mistreatment, neglect, medical malpractice, and negligence cases, including but not limited to:
New York Patient Abuse Reporting Law, Public Health Law Section 2803-d was enacted in 1977 to protect persons living in nursing homes from physical abuse, mistreatment, or neglect.
Under 42 CFR § 483.25, all nursing homes must provide a comprehensive assessment of all residents. Based on the comprehensive assessment of a resident, the facility must ensure that residents receive treatment and care in accordance with professional standards of practice, the comprehensive person-centered care plan, and the resident’s choices.
A nursing home may be liable for money damages for physical injury and pain if its employee or staff causes willful infliction of injury, unreasonable confinement, intimidation, or punishment to your family or loved ones.
Nursing home staff must not engage in inappropriate physical contact with a resident of a residential health care facility while the resident is under the supervision of the facility, which harms or is likely to harm the resident. Inappropriate physical contact includes, but is not limited to, striking, punching, kicking, shoving, bumping, and sexual molestation.
New York nursing homes must provide appropriate medication dosage to their residents. A nursing home must not use isolation, physical force, or chemical restraints on a resident of residential health care while the resident is under the supervision of the facility.
A nursing home may be liable for money damages because of mistreatment, such as inappropriate use of isolation, medications, physical or chemical restraints on your family or loved one in a residential health care facility while the resident is under the supervision of the facility. See Public Health Law § 2803-c(3)(h).
New York nursing homes must provide their residents with timely, consistent, safe, adequate, and appropriate services, treatment, and/or care, including, but not limited to: nutrition, medication, therapies, sanitary clothing and surroundings, and activities of daily living.
A nursing home may be liable for money damages if your family or loved one is neglected or injured because its staff failed to:
See 10 NYCRR § 415.12(a)(1); See also 42 CFR § 483.25(j).
Under 10 NYCRR § 415.12(a)(1), all nursing homes must ensure that your family member receives care consistent with professional standards of practice to prevent pressure ulcers and does not develop pressure ulcers unless the individual’s clinical condition demonstrates that they were unavoidable. Furthermore, the nursing home must ensure that your family member with pressure ulcers receives necessary treatment and services, consistent with professional standards of practice, to promote healing, prevent infection and prevent new ulcers from developing.
See 10 NYCRR § 415.12(a)(1); See also 42 CFR § 483.25(c).
Free Legal Consultation
If you or a loved one have been injured as a result of nursing home abuse, neglect, or malpractice, you must take immediate action to protect your legal rights. Call home abuse and neglect lawyer in New York Bryan J. Hutchinson at (718) 671-0900 for a free consultation.
According to the U.S. Department of Health & Human Services (HHS), Centers for Disease Control and Prevention elder abuse is “an intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that causes or creates a risk of harm to someone age 60 or older.
Under New York, Public Health Law § 2803-c(3), nursing home residents have the right to:
See Public Health Law § 2803-c(3)(e); 10 NYCRR § 415; See also 42 CFR § 483.1.
Under New York law nursing homes must:
See NYCRR § 415.12(a)(1); See also 42 CFR § 483.25(a)(1).
The definition of physical abuse is injury or harm to a person carried out with the intention of causing suffering, pain, or impairment. The Centers for Medicare and Medicaid Services and the Administration on Aging, in its instructions to long-term care ombudsmen, defines abuse as “the willful infliction of injury, unreasonable confinement, intimidation or cruel punishment with resulting physical harm, pain, or mental anguish or deprivation by a person, including a caregiver, of goods or services that are necessary to avoid physical harm, mental anguish, or mental illness.”
Physical abuse includes hitting, slapping, pushing, or striking with objects, improper use of physical or chemical restraints. Physical abuse also typically includes sexual abuse or nonconsensual sexual involvement of any kind, from rape to unwanted touching or indecent exposure.
Neglect is thought of as including the refusal or failure of a caregiver to fulfill his or her obligations or duties to an older person, including providing any food, clothing, medicine, shelter, supervision, and medical care and services that a prudent person would deem essential for the well-being of another.
Nursing home Duty to Residence (Omnibus Budget Reconciliation Act of 1987 (OBRA, 1987)
The federal regulations implementing OBRA 1987 also specified long-term care facilities’ responsibility to “develop and implement written policies and procedures that prohibit mistreatment, neglect, and abuse of residents.
Your love one has the right to be free from verbal, sexual, physical, and mental abuse, including corporal punishment and involuntary seclusion, and limited use of physical restraints, and inappropriate use of psychotropic medications.
In addition to compensatory damages, New York Public Health Law § 2801-d(2) provides that where the deprivation of any such right or benefit is found to have been willful or in reckless disregard of the lawful rights of the patient, punitive damages may be assessed.
New York Public Health Law § 2801-d(7) provides that any waiver by a patient or her legal representative of the right to commence an action under this section, whether oral or in writing, shall be null and void and without legal force or effect.
New York Public Health Law § 2801-d(8) provides that any party to an action brought under this section shall be entitled to a trial by jury and any waiver of the right to a trial by a jury, whether oral or in writing, prior to the commencement of an action, shall be null and void, and without legal force or effect.
New York Public Health Law § 2801-d(6) provides that if the judgment in an action maintained under this section is rendered in favor of the plaintiff, in its discretion the court may, if justice requires, award attorneys’ fees to the plaintiff based on the reasonable value of legal services rendered and payable by the defendant.
Our law firm works exclusively on a contingency fee arrangement. That means that unlike an attorney that you have to pay hourly, we only get paid when and if we recover money in your case, and we take a percentage of what we win. If we recover money in your case, we will take a percentage of what we recover plus any money we had to spend to pursue your case, such as court fees, testifying expert fees, and fees to obtain medical records.
Free Legal Consultation
If you or a loved one have been injured as a result of nursing home abuse, neglect or malpractice you must take immediate action to protect your legal rights. Call Bronx nursing home abuse and neglect lawyer Bryan J. Hutchinson at (718) 671-0900 for a free confidential consultation.
New York nursing home cases range in value from zero to millions. The value of each case depends on the facts and circumstances of each individual case. They include, how clear the liability is, the extent of the harm, the venue of your case, how sympathetic the plaintiff is, the solvency of the defendant, whether you want to settle your case or want to see it through trial, along with other factors.
New York CPLR § 214(5) provides a three-year statute of limitations for a nursing home abuse or neglect case.
New York CPLR § 214-a provides:
NY Est. Powers & Trusts Law § 5-4.1 provides a two-years from the date of death statute of limitation for wrongful death against a nursing home.
Yes. Punitive damages are available under both the New York common law and New York Public Health Law § 2801-d(2) for wrongdoing that is voluntary and intentional or must have created a substantial risk of harm with a conscious disregard of or indifference to, that risk. See New York Public Health Law § 2801-d(2); See Lee v Health Force, 268 AD2d 564 (2d Dept 2000); Rey v Park View Nursing Home, Inc., 262 AD2d 624 (2d Dept 1999). However, very few plaintiffs can meet this very high standard to obtain compensation for punitive damages.
If you or a loved one have been injured as a result of nursing home abuse, neglect, or malpractice you must take immediate action to protect your legal rights. Call Bronx lawyer nursing home lawyer Bryan J. Hutchinson now at (718) 671-0900 for a free confidential consultation.
Approximately 1.5 million people reside in nursing homes across the United States. Many nursing homes are understaffed or have poorly trained staff or overworked staff. In the year 1987, Congress passed the Omnibus Budget Reconciliation Act of 1987 (OBRA, 1987) in part as a response to the decades of nursing homes being plagued with reports suggesting widespread and serious maltreatment of residents, including abuse, neglect, and theft of personal property.
We handle New York nursing home abuse, mistreatment, neglect, medical malpractice, and negligence cases including but not limited to:
New York Patient Abuse Reporting Law, Public Health Law Section 2803-d was enacted in 1977 to protect persons living in nursing homes from physical abuse, mistreatment, or neglect.
Under 42 CFR § 483.25, all nursing homes must provide a comprehensive assessment of all residents. Based on the comprehensive assessment of a resident, the facility must ensure that residents receive treatment and care in accordance with professional standards of practice, the comprehensive person-centered care plan, and the resident’s choices.
A nursing home may be liable for money damages for physical injury and pain if its employee or staff causes willful infliction of injury, unreasonable confinement, intimidation, or punishment to your family or loved ones.
Nursing home staff must not engage in inappropriate physical contact with a resident of a residential health care facility, while the resident is under the supervision of the facility, which harms or is likely to harm the resident. Inappropriate physical contact includes, but is not limited to, striking, punching, kicking, shoving, bumping, and sexual molestation.
New York nursing homes must provide appropriate medication dosage to their residents. A nursing home must not use isolation, physical force, or chemical restraints on a resident of residential health care while the resident is under the supervision of the facility.
A nursing home may be liable for money damages because of mistreatment, such as inappropriate use of isolation, medications, physical or chemical restraints on your family or loved one in a residential health care facility while the resident is under the supervision of the facility. See Public Health Law § 2803-c(3)(h).
New York nursing homes must provide their residents with timely, consistent, safe, adequate, and appropriate services, treatment, and/or care, including, but not limited to: nutrition, medication, therapies, sanitary clothing and surroundings, and activities of daily living.
A nursing home may be liable for money damages if your family or loved one is neglected or injured because its staff failed to:
Under 10 NYCRR § 415.12(a)(1), all nursing homes must ensure that your family member receives care, consistent with professional standards of practice, to prevent pressure ulcers and does not develop pressure ulcers unless the individual’s clinical condition demonstrates that they were unavoidable. Furthermore, the nursing home must ensure that your family member with pressure ulcers receives necessary treatment and services, consistent with professional standards of practice, to promote healing, prevent infection and prevent new ulcers from developing.
See 10 NYCRR § 415.12(a)(1); See also 42 CFR § 483.25(c).
If you or a loved one have been injured as a result of nursing home abuse, neglect, or malpractice you must take immediate action to protect your legal rights. Call Bronx nursing home abuse and neglect lawyer Bryan J. Hutchinson at (718) 671-0900 for a free confidential consultation.