Compensation for Poor Nursing Home Care in New York State

Experienced Attorneys for Victims of Nursing Home Negligence

New York has responded to public concerns about nursing home abuse and neglect by passing a special law to protect nursing home residents. This law, among other things, increases the damages residents and their families can receive in personal injury and wrongful death lawsuits.

At the Albany-based law firm of Rosenblum and Partners, LLP., our dedicated trial lawyers have the experience and resources to help our clients pursue the maximum available compensation for poor nursing home care in New York state.

Understanding Residents’ Rights Under New York State Law

Section 2801-D of the New York Public Health Law is designed to protect the residents of nursing homes and other residential health care facilities. In particular, the following provisions can increase the total compensation available to nursing home abuse and neglect victims:

  • Minimum damages: A nursing home resident who has been deprived of a right or benefit and injured as a result is automatically entitled to compensation of at least 25 percent of the daily nursing home rate for the period of time involved, regardless of his or her actual damages.
  • Punitive damages: When a nursing home’s employees have willfully or recklessly disregarded a resident’s rights and he or she has been injured as a result, the resident may be entitled to punitive damages in addition to statutory and actual damages.
  • Attorney’s fees: If your nursing home abuse and neglect case is successful, the judge may require the nursing home to pay your legal fees, increasing the compensation that you will end up receiving at the end of the case.

In addition, none of the damages received by a resident who has been injured as a result of nursing home negligence are counted as assets when determining his or her eligibility for Medicaid and other forms of public assistance.

Seeking Maximum Compensation for Abuse and Neglect

Before you hire a personal injury lawyer to handle a nursing home case, you will want to be sure he or she is experienced at pursuing compensation under the Public Health Law. Our firm has a record of getting results for residents of nursing homes and other residential facilities.

If your parent, spouse or other loved one has been injured as a result of nursing home abuse or neglect, don’t hesitate to contact us to schedule a free consultation. You will not pay any fees or expenses unless we help you obtain compensation.