How to Pursue a Wrongful Death Claim for Nursing Home Neglect in New York

Nursing home neglect is a heartbreaking issue that affects families across New York. When a loved one dies as a result of inadequate care, the emotional and financial toll can be overwhelming. A wrongful death claim not only offers a path to seek justice but can also help provide some relief from the burden of mounting expenses.

In New York, wrongful death lawsuits are available to those who have lost a loved one due to nursing home neglect. Typically, immediate family members—such as spouses, children, or parents—can file these claims, ensuring that the deceased person’s interests are represented in a court of law.

What Constitutes Nursing Home Neglect?

Nursing home neglect is a form of abuse where the facility fails to provide the necessary care to its residents. This neglect can manifest in many different ways, with the resulting harm often leading to severe complications and even death. It is important to understand the difference between unavoidable health complications and the adverse effects of neglect.

Common signs of nursing home neglect include:

Malnutrition: When residents do not receive adequate food or nutritional support, their health deteriorates, leading to weight loss and increased susceptibility to infections.
Dehydration: Insufficient fluid intake or lack of assistance with hydration can quickly result in life-threatening complications.
Infections: Poor hygiene practices, improper wound care, and inadequate sanitation can lead to recurring infections that worsen a resident’s condition.
Bedsores: Also known as pressure ulcers, bedsores occur when residents are left in the same position for extended periods without proper care or repositioning.
Medication errors: Mistakes in the administration or dosage of medications can have fatal consequences, especially for residents with complex health issues.

Understanding these indicators is crucial. While some health issues may be unavoidable, a pattern of neglect, especially when multiple signs appear together, suggests that the facility failed in its duty to provide proper care.

Legal Grounds for a Wrongful Death Claim in New York

A wrongful death claim is built on specific legal principles. To pursue a wrongful death claim, it is essential to establish that nursing home neglect plays a direct role in the death of your loved one.

The following factors are essential for proving that negligence or abuse led to the resident’s death:

Duty of Care: The nursing home has a legal obligation to provide a safe and healthy environment for its residents.
Breach of Duty: Evidence must show that the facility failed to meet the required standard of care. This can be established by documenting instances of neglect or substandard care.
Causation: It is necessary to demonstrate a direct link between the breach of duty and the death of the resident. Medical records and expert testimony are often crucial in establishing this connection.
Damages: The loss incurred by the surviving family members must be clearly identified. This includes not only financial losses but also emotional distress resulting from the loss of a loved one.

Medical records play a pivotal role in these cases, offering a documented history of neglect. In addition, expert testimony from medical professionals or nursing home care specialists is frequently used to support claims that neglect was the primary cause of death.

Key New York Laws Governing Nursing Home Wrongful Death Claims

New York has several statutes designed to protect nursing home residents and provide recourse when neglect occurs.

Two key laws form the basis of many wrongful death claims related to nursing home neglect:

New York Estates, Powers & Trusts Law § 5-4.1: This statute outlines the procedures for bringing a wrongful death action. It sets forth the rights of survivors to seek compensation and defines the types of damages that may be recovered.
New York Public Health Law § 2801-d: This law establishes the rights of nursing home residents and holds facilities accountable for violations of care standards. It emphasizes the duty of care that nursing homes must uphold. It provides a basis for legal action when these standards are not met.

These statutes work in tandem to ensure that when neglect leads to a wrongful death, the responsible parties can be held accountable. They provide survivors with the legal framework needed to pursue compensation for their losses.

Recoverable Damages in a Nursing Home Wrongful Death Lawsuit

When a wrongful death claim is successful, the compensation awarded is intended to cover both the tangible and intangible losses suffered by the survivors.

Recoverable damages in a nursing home wrongful death lawsuit typically include:

Medical Bills and Funeral Expenses: The immediate costs incurred in the wake of a loved one’s death, such as hospital bills, hospice care, and funeral arrangements.
Loss of Financial Support: For many families, the deceased was a primary or significant contributor to the household income. The loss of future earnings is a critical component of the claim.
Loss of Companionship: The emotional and psychological impact of losing a loved one which can be as devastating as the financial loss.
Pain and Suffering: Although this may seem less tangible, the pain and distress experienced by the deceased prior to death—stemming from neglect—are compensable under New York law.

The extent of recoverable damages is determined on a case-by-case basis, taking into account the specifics of the neglect and the impact on the family’s life. By thoroughly documenting the losses incurred, survivors can build a compelling case for fair compensation.

How to File a Wrongful Death Claim Against a Nursing Home

Filing a wrongful death claim involves several critical steps. It is essential to act promptly and meticulously gather all necessary evidence to support your case.

When you suspect nursing home neglect has led to the wrongful death of a loved one, take the following steps:

Seek Professional Guidance: Contact a legal expert specializing in wrongful death and nursing home neglect cases. An experienced attorney can help assess the viability of your claim and guide you through the legal process.
Gather Medical Records: Obtain all relevant medical documents, including hospital records, nursing home care logs, and any records of treatments or medications administered.
Collect Witness Statements: Testimonies from staff members, other residents, or family members who witnessed the neglect can be invaluable in proving your case.
Consult Expert Opinions: Secure opinions from medical professionals who can review the records and testify about the standard of care expected in nursing home settings.
Document the Timeline: Create a detailed timeline of events leading up to your loved one’s death. A well-documented timeline includes any signs of neglect, missed treatments, or repeated incidents that demonstrate a pattern of inadequate care.
Observe Filing Deadlines: New York law imposes strict deadlines for filing wrongful death claims. It is imperative to act quickly to ensure that your case is not dismissed on procedural grounds.

Taking these steps could significantly strengthen your claim. Thorough documentation and professional guidance are essential in establishing negligence and linking it directly to a wrongful death.

Contact Rizzuto Injury Firm for a Free Consultation

Losing a loved one due to nursing home neglect is a devastating experience. We understand the profound impact such a loss can have on your family—both emotionally and financially. If you suspect that neglect played a role in the wrongful death of your loved one, you do not have to face the complex legal process alone. We are here to help you seek justice and hold those responsible accountable.

At Rizzuto Injury Firm, our team has extensive experience in handling wrongful death cases involving nursing home neglect in New York. We are committed to fighting for the rights of families who have suffered immeasurable losses. When you choose us to represent your case, you gain access to a dedicated team that will:

If you are ready to take the next step in seeking justice, contact us today at 516-604-5496.