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Nursing Home Abuse and Neglect

New York gives nursing home residents a claim of their own — and the records usually tell the story.

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What you need to know

Families almost always arrive at this the same way. Something is wrong — a sore that will not heal, a second fall in a month, a parent who has lost fifteen pounds, a fracture nobody can explain — and the facility's answer is that these things happen at this age. Sometimes that is true. Often the chart says otherwise.
  1. 01

    New York gives residents a statutory claim, not just a negligence claim. Public Health Law § 2801-d allows a resident to sue a facility for depriving them of a right or benefit created by statute, regulation or contract — the staffing, hygiene, supervision and care-planning standards that govern how a home must operate. That matters for two practical reasons: the regulations themselves supply the standard of care, so the case does not depend on persuading a jury what good practice looks like, and the statute allows attorney fees on top of damages.

  2. 02

    These cases are proved on paper.

    The care plan and whether anyone followed it; the turning schedule against the wound-care notes; fall-risk assessments and what was done after the first fall; weight and hydration logs; medication administration records; incident reports; and the facility's own staffing sheets, which frequently show the shift was short. We request that record in full, because a home that produces a summary is producing an argument.

  3. 03

    Who owns the home decides the deadline.

    A private facility runs on the ordinary limitation periods; a publicly operated one brings the short public-entity clocks — a Notice of Claim measured in days rather than years — so identifying the operator is the first thing we do, not the last.

What these cases involve

Pressure ulcers and bed sores

Stage and progression against the turning schedule and wound-care record.

Falls and repeated falls

What the fall-risk assessment said, and what changed after the first one.

Dehydration and malnutrition

Weight loss and fluid records that show a decline nobody acted on.

Unexplained injuries

Fractures, bruising and burns with no incident report to account for them.

Medication errors

Wrong drug, wrong dose, missed doses and over-sedation.

Understaffing

The staffing sheets behind almost every category above.

Verdicts and settlements

Recoveries obtained by this firm

  • $7,500,000

    Verdict for wrongful death, against landlord, caused by fire that spread through apartment that was without smoke detectors.

  • $4,400,000

    Verdict for motor vehicle accident causing spinal injuries requiring surgery.

  • $4,000,000

    For a truck driver struck in the rear by a bus sustaining a brain injury.

All results

Prior results do not guarantee a similar outcome. Every case is different, and the result in any case depends on its own facts.

Common questions

Not answered here? A lawyer will answer it, free and at any hour.

Ask us directly
The home says the sore was unavoidable.
Some genuinely are, and the regulations recognise that. What decides it is the record: whether the risk was assessed on admission, whether a turning and repositioning schedule was written and followed, and whether the wound was staged and treated as it developed. That is why we ask for the complete chart rather than a summary.
Do I have to move my parent out to bring a claim?
No, and retaliation against a resident for making a complaint or bringing a claim is prohibited. Many families keep a relative in place while a case proceeds. If you do want a transfer, that is a separate decision and we can talk it through.
My mother has passed away. Is it too late?
Not necessarily. A claim can be brought by the estate, which means someone has to be appointed by the Surrogate's Court first — we handle that as part of the case. The deadlines depend on what the claim is and who owns the facility, so call before assuming either way.
What does it cost?
The consultation is free and the fee comes out of the recovery. Under Public Health Law § 2801-d, attorney fees may also be recoverable from the facility.

In their words

What our clients say

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If there was more than 5 stars Seth Fields and his associates would get them all. Mr. FIelds went to trial with a jury in Suffolk Cty Riverhead Supreme Ct & won w/ a verdict in minutes for 100% Liability. The defense worked with Mr. FIelds in a settlement before the damages trial began. I would stop here searching any further & contact Seth Fields if you want a Smart, Attainable for your questions, concerns, Empathetic to your needs but a Bull Dog with your case, then you found your attorney.I can’t thank you enough for all your long hours, weekends, holidays that you put into 7 yrs of all my medical, motions, hearings & trial etc. WE WON! You did it and obtained a large settlement that I couldn’t be more happy after this long tough journey. I would refer everyone to you that has a case that needs fighting for. 🙏
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Where we handle these cases

Nursing Home Abuse lawyers by location

The roads, the courthouse and the deadline change with the county. Each page covers how these cases work where you were hurt.

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