Nursing Home Abuse

It is no secret that in New York State, nursing home patients often face abuse in the form of a general lack of care in providing the very needs that the nursing homes who take them in agree to provide. This often results in injury and sometimes even death to the nursing home patient.

However, Nursing Home patients have rights. In New York State Public Health Law § 2801-d provides a separate cause of action for nursing him patients.

Public Health Law § 2801-d states in pertinent part as follows:

1. Any residential health care facility that deprives any patient of said facility of any right or benefit…shall be liable to said patient for injuries suffered as a result of said deprivation…For purposes of this section a “right or benefit” of a residential health care facility shall mean any right or benefit created or established for the well-being of the patient by the terms of any contract, by any state statute, code, rule or regulation or by any applicable federal statute, code rule or regulation where non compliance by said facility with such statute, code rule or regulation has not been expressly authorized by the appropriate governmental authority…

2. Upon a finding that a patient has been deprived of a right or benefit and that said patient has been injured as a result of said deprivation…compensatory damages shall be assessed in an amount sufficient to compensate such patient for such injury…In addition, where the deprivation of any such right or benefit is found to have been willful or in reckless disregard of the lawful rights of the patient, punitive damages may be assessed.

New York Personal Injury Lawyers

Phone: 212-248-5060

Email: [email protected]

Address:111 Broadway #701, New York, NY 10006,

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