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How to Sue a Nursing Home for Negligence in New York
When someone you love is harmed in a care facility, figuring out what to do next can be paralyzing. Questions about how to sue a nursing home are a natural next step, but deciphering your rights and options can feel overwhelming and isolating.
At Menkes Law Firm, we’ve spent over 30 years helping families across New York pursue justice in these sensitive and difficult cases. Nursing home negligence lawsuits involve more than legal rules; they involve real people, dignity, and the right to be treated with care. This guide explains how the legal process works and how we can help.
What Is Nursing Home Negligence?
Negligence happens when a nursing home fails to provide reasonable care and someone is injured as a result. Under New York law, elder care facilities are responsible for keeping residents safe from preventable harm.
Examples of nursing home negligence include:
- Not treating infections or pressure sores;
- Ignoring fall risks or failing to supervise residents;
- Letting residents go without food, water, or medication;
- Allowing unsanitary or unsafe conditions; and
- Mistreating residents emotionally or physically.
You may also hear these situations described as nursing home malpractice, especially if medical staff were involved. But in most cases, these lawsuits are based on negligence, not formal malpractice.
Who Can File a Lawsuit?
New York only allows certain individuals to bring legal claims on behalf of a nursing home resident. You must be either:
- Designated as a valid power of attorney (POA), or
- Appointed as the resident’s legal guardian by the court.
If the resident has passed away, the estate representative may bring a wrongful death claim. Menkes Law Firm can help you determine whether you meet the requirements or assist you in obtaining guardianship if needed.
How to Sue a Nursing Home for Negligence
The process of suing a nursing home for negligence generally includes the following steps.
Step 1: Collect and Organize Evidence
Start by gathering facts and documents that support your claim, such as:
- Photos of unsafe conditions or visible injuries,
- Medical records or nursing home charts,
- Written notes describing incidents or conversations with staff, and
- Names of any witnesses or staff involved.
Create a timeline of events to help track patterns of neglect.
Step 2: Consult a New York Nursing Home Attorney
These cases often involve multiple parties, including corporations, insurers, and healthcare providers. Speaking with an attorney familiar with nursing home malpractice and abuse laws in New York is crucial. A lawyer can help investigate, gather expert opinions, and file your claim correctly and on time.
Step 3: File Your Claim Before the Deadline
You generally have three years from the date of injury to file a negligence claim in New York. However, shorter deadlines may apply in certain situations, such as:
- Wrongful death. If a resident has passed away, the deadline for legal action is only two years.
- Cases involving publicly operated facilities. State law requires filing a notice of claim within 90 days.
Legal time limits can be confusing. We recommend reaching out to an attorney as soon as possible, even if you are still gathering documents or confirming POA authority.
Is This the Same as Suing for Malpractice?
Many people researching how to sue a nursing home for neglect ask whether the case involves malpractice or negligence. In New York, a malpractice claim usually applies when a licensed medical professional fails to meet the accepted standard of care, such as a nurse administering the wrong medication.
Negligence, on the other hand, may include broader failures like failing to supervise residents, ignoring signs of illness, or providing unclean living conditions. The right legal strategy depends on the details of your case. At Menkes Law Firm, we can help determine the proper legal grounds and pursue every available option for compensation and justice.
What If the Resident Is Still in the Facility?
You don’t have to wait for the situation to worsen. If a resident is still living in the facility and showing signs of harm, you may be able to act now. Alongside filing a lawsuit, you can also:
- Report the facility to the New York State Department of Health,
- Contact the state’s Long Term Care Ombudsman Program, and
- Relocate your loved one to a safer environment if possible.
A legal claim can also help prevent future harm by holding the facility accountable for its actions.
Why Work with Menkes Law Firm?
At Menkes Law Firm, we purposely keep our caseload small so we can focus completely on each client and their story. We know that behind every case is a real person who deserves dignity, respect, and aggressive legal representation.
Our team has secured millions of dollars for injured New Yorkers, including one of the top ten verdicts in the state. We approach every case with a high level of dedication and determination, because for us, this work is personal. When you trust us with your loved one’s case, we treat it like our own.
Speak with Menkes Law Firm Today
If you’re wondering how to sue a nursing home in New York, you don’t have to figure it out alone. We’re here to guide you through every step, from confirming legal authority to filing a lawsuit and fighting for justice in court.
Contact Menkes Law Firm today for a confidential consultation. We’ll listen, advise, and stand by your side to help protect your loved one and hold negligent nursing homes accountable.
