Nursing Home Negligence

Neglect in nursing homes (residential health care facilities) is a problem that our elderly loved ones face all too often. It is the responsibility of caretakers to provide our senior citizens with the care they deserve in their final years.

In 1975, following the revelation of widespread patient abuse and financial corruption in nursing homes, New York passed a significant statute to protect residents from nursing home neglect. Public Health Law (PHL) Section 2801-d provides a nursing home resident with a private right of action against a nursing home to enforce rights or benefits established for the resident's well being, unless the facility can prove that it acted reasonably to prevent and limit the deprivation and resulting injury. This statute, and subsequent amendments, resulted in a very plaintiff-friendly statute that allows nursing home residents, or in the case of wrongful death, their estates, to pursue justice for those who have been irreparably harmed.

Nursing home neglect can happen in a variety of different ways, whether it be pressure sores (decubitus ulcers), unexplained falls, or physical abuse.

At Fitzsimmons, Nunn & Plukas, LLP, we are prepared to represent those injured by neglect in the nursing home setting by pursuit of all responsible parties, thorough discovery to root out the cause or causes for the neglect, and vigorously seek compensation for those that have been injured.

Please allow our experience and diligence in handling these complex cases to make the difference for you and your loved one. As in all of our practice, personal commitment to you, and the details of your injury, can make the difference in your outcome.

If you would like to speak with an attorney regarding your nursing home negligence matter - at no charge to you - please contact us today.