Common Nursing Home Ailments in New York

When families choose a nursing home for a loved one, they expect safe, high-quality care. These facilities are trusted to provide professional support with daily activities, medication management, and supervision for individuals who are often medically fragile. Sadly, many New York nursing homes fall short of these expectations. Chronic understaffing, poor training, and lack of oversight frequently contribute to neglect and substandard conditions. Residents of New York nursing homes have specific legal rights and protections under both federal and state law, including the right to be free from abuse and to receive proper medical care. When those rights are violated, the consequences can be serious—residents may suffer preventable harm such as malnutrition, bedsores, falls, infections, or worse. If these ailments are the result of neglect or abuse, the resident or their family may have grounds for legal action in New York. Contact an experienced New York nursing home abuse lawyer to understand your legal options and protect your loved one’s rights.

Nursing home residents are among the most medically and physically vulnerable individuals in our community. Because they often rely entirely on facility staff for food, mobility, hygiene, and medical needs, even small lapses in care can have serious consequences. Many nursing home residents have chronic conditions or are frail due to age. But when proper care is not provided, even manageable conditions can become serious or fatal. These are some of the most common nursing home ailments linked to negligence:

• Pressure Ulcers (Bedsores). Bedsores occur when residents are not repositioned regularly. Commonly seen on the back, heels, or hips, they can become infected and lead to life-threatening complications. According to federal regulations (42 CFR § 483.25), nursing homes must take steps to prevent pressure ulcers unless they are clinically unavoidable. If they do occur, staff must treat them properly.
• Malnutrition and Dehydration. Inadequate food or water intake can lead to organ damage, confusion, weakness, and increased risk of infections. Facilities are required by 42 CFR § 483.60 and 10 NYCRR § 415.14 to monitor and meet each resident’s nutritional needs. Signs include weight loss, sunken eyes, and dry mouth.
• Falls and Related Injuries. Falls are a leading cause of hospitalization and death among seniors. Nursing homes must assess each resident’s fall risk and implement a care plan to minimize it (42 CFR § 483.25(d)). Falls often happen when residents are left unsupervised or do not receive mobility help. Injuries may include broken bones, traumatic brain injury, or internal bleeding.
• Medication Errors. Errors may include giving the wrong medication, incorrect dosages, or failing to administer required medications. These mistakes are dangerous and often stem from poor training or short staffing. Under 42 CFR § 483.45, facilities must ensure that medication errors are minimized and that residents receive medications as prescribed.
• Infections and Disease Outbreaks. Without proper hygiene, infections such as urinary tract infections (UTIs), pneumonia, sepsis, and COVID-19 can spread quickly. Federal law (42 CFR § 483.80) mandates that all nursing homes maintain an infection prevention and control program.

Nursing homes in New York are required to meet both federal and state standards. Failing to provide adequate care may be a violation of:

• Public Health Law § 2801-d: This New York law gives residents and their families the right to sue nursing homes for violations that cause injury. It allows for actual damages, legal fees, and in cases of willful violations, punitive damages. The law provides strong protections by holding facilities civilly liable for substandard care. In Gilus v. Palm Gardens Care Center LLC, 2021 NY Slip Op 32427(U), the plaintiff, acting as the administrator of the decedent's estate, alleged that the nursing home failed to provide adequate care, resulting in the development of severe pressure ulcers. The court recognized that under Public Health Law § 2801-d, the plaintiff had a valid cause of action separate from common law negligence or medical malpractice claims. This case underscores the statute's role in providing a distinct remedy for residents deprived of their rights in nursing facilities.
• 10 NYCRR § 415.3: This section of the New York Codes, Rules and Regulations guarantees nursing home residents the right to respectful treatment, proper medical care, and a safe living environment. It also ensures their right to make decisions about their own care and to voice grievances without fear of retaliation. In Benisatto v. Sprain Brook Manor Nursing Home, LLC, 2016 NY Slip Op 51554(U), the court denied a motion to dismiss where a resident was assaulted by another known aggressive resident. The court found sufficient allegations under § 415.3 that the facility failed to take reasonable steps to protect the resident.
• Nursing Home Reform Act (42 U.S.C. § 1395i–3): This federal law sets the foundation for resident rights in facilities that accept Medicare or Medicaid. It requires nursing homes to assess the needs of each resident and provide services to help them reach and maintain their highest practicable level of functioning. This includes proper nutrition, hygiene, medical care, and social engagement.
• Social Services Law § 473: This statute requires mandatory reporting of suspected abuse, neglect, or exploitation of vulnerable adults. Healthcare workers, social workers, and other designated professionals must report concerns to Adult Protective Services to ensure timely investigations and interventions.

If your loved one experiences any of the following, abuse or neglect may be the cause:

• Sudden weight loss: Unexplained or rapid weight loss can indicate malnutrition or dehydration caused by staff neglecting to monitor food and fluid intake.
• Unexplained injuries or bruises: Bruising, cuts, or broken bones without a clear explanation may be signs of physical abuse or repeated falls due to lack of supervision.
• Poor hygiene or dirty living conditions: A consistently unclean appearance or soiled bedding may suggest that staff are not providing basic personal care or maintaining sanitary conditions.
• Withdrawal or fearfulness: Sudden changes in behavior, including social withdrawal or fear of specific staff members, could indicate emotional or physical abuse.
• Missed or incorrect medications: Medication errors can result in worsening health conditions and are often a sign of understaffing or poor training.
• Frequent infections or hospitalizations: Repeated illnesses or emergency visits may stem from lack of hygiene, improper wound care, or untreated medical conditions.

If you observe any of these signs, it is important to take them seriously and act quickly. Contact an experienced New York nursing home abuse lawyer to discuss your concerns and find out whether legal action may be appropriate. A qualified attorney can help protect your loved one and ensure those responsible are held accountable.

If you believe your loved one is being neglected or abused in a nursing home, acting quickly can help protect their safety and preserve your legal rights. These situations can escalate quickly, and prompt intervention is critical to stop further harm. Follow these important steps to respond effectively:

1. Get Immediate Medical Help: Make sure your loved one is evaluated and treated by a medical professional.
2. Document Everything: Take photos of injuries or unsanitary conditions. Keep detailed records of symptoms and staff interactions.
3. Report the Incident: File a complaint with the New York State Department of Health or Adult Protective Services. The Long-Term Care Ombudsman Program can also help.
4. Consult an Experienced New York Nursing Home Abuse Lawyer: A lawyer can help you understand your rights and take action to hold the nursing home accountable.

Victims of nursing home abuse or neglect may be eligible for several types of compensation depending on the harm suffered and its long-term effects:

• Medical expenses (past and future): These include costs related to hospitalization, doctor visits, medications, and future care needed because of the injury.
• Pain and suffering: Compensation for the physical discomfort and emotional anguish the resident experienced due to neglect or abuse.
• Emotional distress: This covers anxiety, depression, and trauma resulting from mistreatment, especially when the abuse is ongoing.
• Loss of enjoyment of life: Damages may be awarded if your loved one is no longer able to engage in meaningful activities or maintain the same quality of life.
• Funeral expenses in wrongful death cases (EPTL § 5-4.1): If neglect results in death, eligible family members may recover not only burial and funeral costs, but also damages for loss of companionship, loss of guidance, and the decedent’s conscious pain and suffering before death. In addition, the decedent’s estate may pursue damages for lost income, medical bills, and other financial losses the deceased would have been entitled to recover had they lived. These damages aim to compensate both the family and the estate for the full impact of the wrongful death.
• Punitive damages in cases of gross negligence or intentional abuse: These are meant to punish particularly reckless or malicious conduct and to deter similar future behavior.

Understanding the time limits for filing a lawsuit is critical if you believe your loved one has suffered from neglect or abuse in a New York nursing home. These deadlines, known as statutes of limitations, vary based on the type of claim:

• Personal Injury: Under New York Civil Practice Law and Rules (CPLR) § 214(5), the statute of limitations for filing a personal injury claim is three years from the date of the injury.
• Wrongful Death: According to New York Estates, Powers & Trusts Law (EPTL) § 5-4.1, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death.
• Medical Malpractice: If your claim involves medical negligence within the nursing home, you may have two years and six months from the date of the malpractice, as per CPLR § 214-a.

It is important to act promptly. If you miss the applicable deadline, the court may dismiss your case regardless of the evidence. In certain cases—such as when the injured party is mentally incapacitated or when the injury was not discovered right away—exceptions or extensions may apply.

To preserve your legal rights, contact a qualified nursing home abuse attorney serving New York as soon as you suspect negligence or mistreatment.

Q. Can I move my loved one to another facility if I suspect neglect?

A. Yes. If you believe your loved one is being neglected, you have the right to transfer them to another facility. It's important to document the reasons and ensure continuity of care. In emergencies, contact Adult Protective Services for assistance.

Q. Are nursing homes required to notify families about injuries or health changes?

A. Yes. Under federal law, specifically 42 CFR § 483.10(g)(14), nursing homes must promptly inform a resident’s family or legal representative about any injury, significant health status change, or the need to alter treatment.

Q. Can I install a camera in my loved one’s nursing home room?

A. New York allows electronic monitoring in nursing home rooms under certain conditions. Consent is typically required from the resident and, in shared rooms, from roommates. Facilities may have specific policies you must follow. This is authorized under New York Public Health Law § 2803-c(3)(o).

The safety and well-being of nursing home residents in New York should always be a top priority. Ailments caused by staff negligence can have devastating consequences for vulnerable residents. If you suspect that your loved one suffered a serious injury due to nursing home abuse or negligence, do not hesitate to contact an experienced nursing home abuse attorney serving New York at Stephen Bilkis & Associates. We can provide the necessary guidance and support in navigating the legal process, holding negligent parties accountable, and pursuing rightful compensation for your loved one. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Brooklyn, Long Island, Queens, Manhattan, Nassau County, Staten Island, Suffolk County, Bronx, and Westchester County.