When you suspect mistreatment or neglect of a loved one in a long-term care facility, pursuing a nursing home lawsuit may be the most direct path to justice. These cases can be complex and emotional, but with the proper legal support, families in Nassau County, New York, can hold negligent facilities accountable. At the Law Office of Cohen & Jaffe, we help families fight back against abuse and neglect in nursing homes.
Nursing Home Lawsuit: Do You Have a Case?
If your loved one has suffered harm due to neglect or abuse in a nursing home, you may have grounds for a nursing home lawsuit. In New York, care facilities are legally obligated to provide a safe, clean, and dignified environment. The law allows families to pursue legal action when they fail to meet that standard, and a resident is injured.
Watch for these warning signs—they could indicate a breach of care:
- Bedsores or pressure ulcers.
- Unexplained bruises, cuts, or fractures.
- Sudden behavioral changes or weight loss.
- Signs of malnutrition or dehydration.
- Irregular financial activity or missing personal items.
Under New York Public Health Law § 2801-d, nursing home residents—and their families—have the right to sue facilities that violate care standards. This statute allows for compensatory and punitive damages when a resident’s legal rights are violated. If you’re unsure whether your situation qualifies, start by documenting what you’ve observed. Then, speak with a lawyer who handles nursing home abuse cases in Nassau County. Taking early action can make all the difference.
Common Types of Nursing Home Lawsuits
A nursing home lawsuit in New York is often filed due to abuse, neglect, or systemic violations of state and federal standards. Each of these issues can result in severe harm, both physically and emotionally. Moreover, they often reflect broader problems within a facility, such as understaffing or poor training. Legal action may be necessary if you believe any of these issues are happening at a nursing home in Nassau County. Here are the most frequently litigated situations:
- Physical abuse: Hitting, pushing, or physically restraining residents without cause.
- Emotional or psychological abuse: Verbal threats, isolation, or humiliation.
- Neglect: Failing to assist with daily needs like hygiene, nutrition, or medication.
- Medical malpractice: Medication errors or ignoring critical health conditions.
- Financial exploitation: Unauthorized use of a resident’s finances or identity.
How Do You File a Nursing Home Lawsuit in New York?
Filing a nursing home lawsuit in New York typically begins with identifying the violation and gathering evidence. This might include medical records, photographs of injuries, statements from witnesses or staff, and documentation of the resident’s condition. The next step is consulting with an attorney who understands the legal standards nursing homes must meet under state and federal law.
Once your lawyer evaluates the claim, they can file a complaint against the facility. This initiates the legal process, including negotiation, mediation, or a formal trial.
Time is a critical factor. New York’s statute of limitations generally gives you three years from the date of injury (or discovery of harm), but the timeline can vary depending on the circumstances.
How Much Compensation Can You Get in a Nursing Home Lawsuit?
Compensation in a nursing home lawsuit depends on the nature of the violation, the harm caused, and the laws that apply. In New York, families may be entitled to damages for:
- Medical costs related to injuries or worsening conditions.
- Pain and suffering endured by the resident.
- Emotional distress of the victim or their loved ones.
- Loss of quality of life.
- Funeral expenses in wrongful death cases.
One key legal avenue in New York is Public Health Law § 2801-d, which gives residents the right to sue for deprivation of any right or benefit guaranteed by contract, law, or regulation. This includes federal or state rules governing nursing homes.
Speak with a Nursing Home Abuse Lawyer in Nassau County Today
If you believe your loved one has suffered mistreatment in a nursing home, now is the time to take action. No one should have to endure neglect, abuse, or indignity—especially in a place meant to provide care and safety. Filing a nursing home lawsuit might feel daunting, but you don’t have to do it alone.
At the Law Office of Cohen & Jaffe, we’ll help you understand your rights, gather the facts, and pursue the justice your family deserves with compassion and urgency.
Contact us today at 516-358-6900 for a free consultation. Let’s advocate for your loved one and ensure negligent facilities are held accountable.
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