New York Elder Abuse Lawyer

Older adults in New York have the right to live in safe, respectful, and supportive environments. At Stephen Bilkis & Associates, we know from experience how devastating it is when those rights are violated. As dedicated New York elder abuse lawyers, we work closely with families to provide support, investigate abuse, and hold wrongdoers accountable. According to the New York State Office for the Aging, as many as one in ten people over the age of 60 have experienced some form of abuse, neglect, or exploitation. Many cases go unreported because the victim is afraid, isolated, or unable to speak up. Abuse can happen in nursing homes, assisted living facilities, hospitals, or even in the victim’s own home. It can take many forms, including physical harm, emotional manipulation, financial exploitation, or intentional neglect.

The consequences of elder abuse can be devastating. Victims may suffer from broken bones, untreated infections, bedsores, or malnutrition. Emotionally, they may experience anxiety, depression, and loss of trust. Financial exploitation can wipe out retirement savings, result in unpaid bills, and create long-term hardship for both the victim and their family. In severe cases, abuse can lead to wrongful death. The impact often extends beyond the victim, placing emotional and financial strain on loved ones who may be left to cover medical or legal expenses.

If you suspect that an elderly loved one is being mistreated, it is important to take immediate action. Our experienced elder abuse lawyers at Stephen Bilkis & Associates can help you understand your legal options, protect your loved one, and pursue justice from those responsible.

What Does Elder Abuse Mean in New York?

Elder abuse in New York means any act, whether intentional or the result of negligence, that causes harm or creates a serious risk of harm to an older adult. Abuse can happen in facilities, in private homes, or within families. These cases are often hard to uncover because many older adults are unable or too afraid to report what is happening. Cognitive decline, physical frailty, or a dependent relationship with the abuser can make it nearly impossible for them to ask for help.

New York law does not recognize a specific tort labeled “elder abuse.” Instead, victims and their families pursue civil claims under established legal theories such as:

• Negligence
• Medical malpractice
• Assault and battery
• Breach of fiduciary duty
• Fraud or undue influence
• Violations of New York Public Health Law § 2801-d

In some cases, the conduct also supports criminal charges under New York Penal Law, such as assault, endangerment, or larceny.

Where Does Elder Abuse Commonly Occur?

Elder abuse commonly occurs in several different settings. With over 20 years of experience representing elders who were victims of abuse, we know that the most common places where abuse occurs include:

• Nursing homes and long-term care facilities
• Assisted living residences
• Hospitals and rehabilitation centers
• Adult daycare programs

However, we've also seen cases where the abuse happened in the victim's own home, typically by family members, but sometimes by home health aides. In every situation, the older adult depended on others for care, which made them more vulnerable.

New York law gives residents in licensed facilities specific rights and protections. Under Public Health Law § 2801-d, they have the right to take legal action if those rights are violated. This includes the right to proper medical care, adequate supervision, respectful treatment, and freedom from abuse.

Why Does Elder Abuse Happen?

There’s rarely one simple explanation. In our experience, elder abuse often develops due to a combination of risk factors that go unchecked. While none of these factors excuse the behavior, they help explain why abuse continues to occur in both facility and home settings.

• Understaffing and burnout. Staff who are overworked or unsupported may neglect responsibilities or take out frustrations on residents. When there are accusations of abuse, we always look at staffing levels and whether the facility had enough trained workers on duty to meet residents’ basic needs.
• Lack of training. Inexperienced caregivers may not know how to properly care for residents who need specialized support. We review employee records and facility protocols to understand whether staff had the qualifications and supervision they needed to keep residents safe.
• Social isolation. Elders who are isolated or rarely visited by family may go unnoticed when something is wrong. We ask families about how often they visited, whether concerns were raised, and how the facility responded to complaints or changes in the resident’s condition.
• Cognitive decline. Individuals with dementia or Alzheimer’s disease are especially vulnerable. In many cases, they are unable to describe what happened or even recognize that abuse is occurring. We take special care to assess how the facility monitored and protected residents with memory impairments.

These conditions create environments where mistreatment can be overlooked. If you suspect something is wrong, it’s important to act. Our experienced New York elder abuse lawyer help families get answers and take action to protect their loved ones.

What Are the Different Types of Elder Abuse?

The different types of elder abuse include:

Physical Abuse

Physical abuse includes hitting, shoving, slapping, kicking, or improper restraint. It can also involve overmedicating a resident or denying needed pain relief.

In Hauser v. Fort Hudson Nursing Ctr., Inc., 2021 NY Slip Op 07325 (3d Dep’t), the estate of Bert Dwain Butler Sr. alleged that he suffered physical harm and died due to abuse and neglect while residing in a nursing home. The lawsuit, brought under Public Health Law § 2801-d, claimed the facility deprived him of his legal rights, resulting in injury. The Appellate Division affirmed that “injury” under § 2801-d includes physical harm and death, allowing the estate to seek compensatory and potentially punitive damages. This case serves as a clear example of how New York courts recognize physical abuse of elderly residents as actionable under statutory law.

When a client comes to us with concerns about unexplained bruises on their loved one in a nursing home, we start gathering evidence right away. We take clear photos of the bruises, noting their size, shape, and location. If a mark looks like a handprint, that raises concern about physical abuse.

We review the resident’s medical and facility records to see if there’s any documented fall or injury. If there’s no explanation or the details don’t line up with the injuries, we dig deeper.

We also speak with the resident if possible, even if their memory is limited. We talk to staff, check maintenance logs, and inspect whether safety features like bed rails or grab bars were working. If the resident was in physical therapy, we follow up with the therapist to see whether an incident occurred or if the bruises were already present.

Our goal is to find out what really happened and whether the injuries could have been prevented. If the evidence points to abuse or neglect, we take steps to hold the responsible parties accountable.

Sexual Abuse

Sexual abuse includes any non-consensual sexual contact or behavior. Sexual abuse of vulnerable individuals who cannot consent due to cognitive or physical impairments is heartbreaking. We aggressively address such accusations with a full investigation, beginning with a review of medical records, incident reports, and staff assignments. In Crampton v. Garnet Health, 2023 NY Slip Op 32278(U) (Sup. Ct. Orange County), the plaintiff alleged she was sexually assaulted by a female employee while residing at Montgomery Nursing & Rehabilitation Center. Her lawsuit included claims for negligence, gross negligence, and violation of Public Health Law § 2801-d.

Financial Exploitation

Financial exploitation occurs when someone improperly or illegally uses an elder’s funds, property, or legal authority. If someone came to us concerned about financial discrepancies such as forged checks, missing funds, or misuse of a power of attorney, the first thing we would do is review the financial records. We would look for patterns, unusual transactions, or sudden changes in legal documents that might suggest the elder was being taken advantage of.

Neglect

Neglect means failing to provide an elder with the basic necessities of life, such as medical care, hygiene, food, or protection from harm. This can lead to serious medical problems like infections, pressure sores, and even death.

When a client comes to us believing their loved one was neglected in a nursing home and died as a result of untreated bedsores, we begin with a careful and respectful investigation. First, we would get photographs of the bedsores. Visual evidence can help show how severe the wounds were and how they progressed. We also recommend an autopsy to confirm whether the cause of death was related to infection from the bedsores, such as sepsis.

Next, we request the full set of medical records from the nursing home. We look to see whether the staff documented the presence of bedsores and, if so, whether any treatment was provided. We also examine whether the records reflect proper care, such as regular repositioning and hygiene. Neglect in these areas is a common cause of pressure injuries.

We always speak with the family to learn whether they raised concerns during the resident’s stay. If they did, we review whether the facility acknowledged those concerns, created a care plan, and followed through. Notes from meetings, emails, or logs from visits can all be important.

Medical experts review the records to determine whether the care provided was below accepted standards. If the evidence shows the nursing home failed in its duties, our experienced New York elder abuse lawyers would take action to pursue justice for the family.

In Yakkey v. Ascher, 2009 N.Y. Slip Op. 32512(U) (Sup. Ct. Nassau County), the court allowed a wrongful death claim to proceed after a nursing home resident died from untreated bedsores. The case involved allegations of inadequate supervision and poor medical care.

What are Signs of Elder Abuse?

Some signs of elder abuse are easy to miss, while others are more obvious. We always encourage families to trust their instincts if something doesn’t seem right. Recognizing these red flags is the first step toward protecting a loved one and holding the right people accountable. The warning signs often depend on the type of abuse involved.

Physical Abuse:

• Unexplained bruises, cuts, or broken bones may signal harm.
• Marks on wrists or ankles can be signs of physical restraint.
• Flinching or fear when touched may indicate trauma.
• Sudden drowsiness might be due to overmedication.

Neglect:

• Bedsores or untreated medical problems suggest lack of care.
• Noticeable weight loss or signs of dehydration are serious concerns.
• Dirty clothing or bedding often means poor hygiene.
• Wandering or injury may point to a lack of supervision.

Sexual Abuse:

• Injuries to genital areas or infections can be warning signs.
• Torn or bloodstained undergarments should be taken seriously.
• Avoiding certain caregivers may indicate fear or past trauma.
• Emotional distress without explanation can also be a clue.

Emotional Abuse:

• Sudden depression or mood swings may be a red flag.
• Withdrawal from activities can signal emotional harm.
• Fear or nervousness around staff is concerning.
• Expressions of hopelessness or worthlessness deserve attention.

Financial Abuse:

• Missing money or valuables may mean exploitation.
• Odd bank activity or unpaid bills should be reviewed.
• Abrupt changes to wills or legal documents raise concern.
• New individuals controlling finances could be taking advantage.

If you notice any of these signs in a loved one, speak up. Abuse and neglect can happen in nursing homes, assisted living, or even private homes. Early intervention can make a life-changing difference. To protect your loved one's rights, contact an experienced New York elder abuse lawyer today.

What Legal Actions Can Victims of Elder Abuse Take?

When an elder is harmed, legal action may be an option. In many of the cases we handle, the victim’s family is the one seeking answers and accountability. One way to do that is by filing a civil lawsuit.

• Negligence or malpractice. Experienced New York elder abuse lawyers on our team have worked with families whose loved ones were seriously harmed because basic care was not provided. When someone is injured, we look at whether the facility or caregiver, which might be a family member, failed to prevent falls, gave the wrong medication, or ignored signs of a worsening medical condition. We review the records carefully to determine whether the care met accepted standards and whether those failures caused the injury.
• Wrongful death. Sadly, people die because of abuse and neglect. This is something that we never want to hear about from a client, but it happens. When it does, we work with the family to determine whether a wrongful death claim can be filed. Under EPTL § 5-4.3, damages are limited to pecuniary losses such as funeral expenses and the financial support the elder would have provided. Although New York does not allow recovery for grief or emotional loss, a survival action may also be filed to seek damages for the elder’s pain and suffering before death.
• Assault or battery. Physical abuse such as hitting, slapping, or using restraints without justification is not only wrong, it is grounds for a personal injury lawsuit. If we believe a resident was harmed intentionally, we document the injuries, review the facility’s internal reports (if a facility was involved), and determine whether there is a basis to pursue a civil claim for assault or battery to recover damages for physical and emotional harm.
• Breach of fiduciary duty. When someone trusted to manage an elder’s affairs puts their own interests first, they may be held legally accountable. If we see signs that a power of attorney or legal representative misused their authority, we consider filing a breach of fiduciary duty claim to recover lost funds and stop further harm.
• Violations of Public Health Law § 2801-d. Residents of licensed nursing homes who suffer injuries due to the deprivation of rights under New York law may sue under this statute. Even if actual damages are difficult to prove, the law provides for minimum damages and the recovery of legal fees. Victims of elder abuse, their family members, or their estate may be entitled to financial compensation depending on the nature and extent of the harm. This may include reimbursement for medical expenses, damages for emotional suffering, and other losses resulting from the abuse or neglect.
• Medical expenses. Victims can recover the cost of medical treatment related to the abuse or neglect. This includes hospital visits, rehabilitation, and long-term care if needed. We’ve seen medical expenses in these cases easily exceed $100,000. This is simply not affordable for most families, and they should not have to pay out of pocket when the injuries were caused by someone else’s neglect or abuse. We make sure every cost is documented and included in the claim.
• Pain and suffering. If our client or their family member experienced physical harm or emotional trauma, we would pursue damages for what they went through. We look closely at medical records, witness accounts, and expert opinions to show how the abuse affected the victim’s daily life and overall well-being.
• Funeral and burial costs. In wrongful death cases, families can recover the cost of funeral arrangements, burial, or cremation. These expenses add up quickly and can place a heavy burden on families already dealing with loss. When the death could have been prevented, loved ones should not be left to cover these costs themselves. We would seek to make sure all of these expenses are covered, and we would also file a survivor claim to pursue compensation for the pain and suffering the elder experienced before death.
• Financial losses. If someone stole from or manipulated the elder, we identify the amount taken and pursue compensation. This may include stolen funds, lost assets, or money lost because of misused legal authority. These cases can be complex, especially when the transactions were hidden or disguised as legitimate gifts or authorizations. We examine financial records, interview witnesses, and review legal documents to determine whether someone took advantage of the elder’s trust. When we uncover wrongdoing, we take action to recover what was lost.
• Punitive damages in severe cases. In situations where the abuse was intentional or especially reckless, we will seek punitive damages. These are not about reimbursing the family for losses, but about holding the wrongdoer fully accountable. Punitive damages are meant to send a message that this kind of misconduct will not be tolerated and to discourage similar behavior in the future.

Examples of verdicts and settlements in nursing home and elder abuse cases include:

• $1 Million Settlement for the estate of a resident who developed severe, untreated pressure ulcers due to prolonged neglect.
• $1 Million Settlement for a Bronx nursing home resident who experienced repeated falls and serious injuries as a result of chronic understaffing and failure to implement fall precautions.
• $500,000 Settlement on behalf of an 81-year-old Brooklyn resident who suffered complications from improper diabetic care, including medication errors and failure to monitor glucose levels.
• $425,000 Settlement to the family of a Queens County resident in a wrongful death case involving failure to diagnose and treat a serious infection in a timely manner.

Whether your case involves physical abuse, neglect, or financial exploitation, taking legal action can provide justice and financial relief. Contacting an experienced New York elder abuse lawyer is an important first step in protecting your loved one and holding the responsible parties accountable.

Can Abusers Face Criminal Charges?

In addition to civil liability, abusers may also face criminal charges. These charges are not brought by the victim or their family but are filed by the District Attorney after a criminal investigation.

Depending on what happened, charges may include:

• Assault
• Sexual abuse
• Financial crimes such as grand larceny
• Endangering the welfare of a vulnerable elderly person

We often work alongside law enforcement in cases where criminal conduct is involved. A conviction can result in jail or prison time, fines, and court-ordered restitution. If you believe your loved one has been harmed, we can help you understand your rights and support any criminal investigation that may follow.

What Is the Statute of Limitations for Elder Abuse Cases?

Victims of elder abuse, or their legal representatives, must act within strict legal deadlines to preserve their right to sue. These deadlines, known as statutes of limitations, vary depending on the nature of the claim. Missing a deadline can mean permanently losing the opportunity to pursue justice and compensation.

• Personal injury: 3 years from the date of harm (CPLR § 214)
• Medical malpractice: 2 years and 6 months (CPLR § 214-a)
• Wrongful death: 2 years from the date of death (EPTL § 5-4.1)
• Intentional torts (e.g., assault): 1 year (CPLR § 215)
• Breach of fiduciary duty: up to 6 years (CPLR § 213)

Time may be extended in specific circumstances. Under CPLR § 208, the statute of limitations may be tolled if the victim was mentally incapacitated. In cases of financial exploitation or delayed discovery of harm, the statute may begin when the abuse was, or reasonably should have been, uncovered.

Because each situation is different, we always look closely at the timeline before filing a claim. If you’re unsure whether it’s too late to take legal action, we can help you understand the deadlines that apply and make sure your rights are protected.

Frequently Asked Questions Contact Stephen Bilkis & Associates

We at Stephen Bilkis & Associates are committed to holding abusers accountable for their actions. Doing so is necessary to protect the rights and well-being of elder abuse victims. If you or someone you know has been a victim of elder abuse in New York, immediately seek legal guidance from an experienced elder abuse attorney in New York who can help you understand your rights and options for pursuing compensation. Contact us Stephen Bilkis & Associates at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.

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