New York City and Long Island Nursing Home Abuse Lawyers

Nursing Home Abuse Attorney

The New York Public Health Law section 2801/d authorizes private lawsuits on behalf of nursing home residents who are injured while in nursing homes. This law provides an additional remedy for individuals when the nursing home has deprived its resident of fundamental rights or benefits that have been established by either state or federal regulations. This gives residents of nursing homes another method to remedy inappropriate treatment, in addition to lawsuits for negligence and medical malpractice. The purpose of the statute it to put pressure on nursing homes to provide the highest level of care for their residents.

New York Public Health Law Section 2803c:

Under New York Public Health Law section 2803c, the state of New York has established a code of minimum standards for nursing homes. This statute requires the staff to provide care with exceptional professional standards. Federal regulations also provide minimum standards for nursing homes with regard to all aspects of residential care, including quality of life issues, physicians, diet concerns and other services.

The federal statute allows the recovery of “compensatory damages”, calculated at “twenty-five percent of the daily per patient statutory rate of payment” which has been established for the facility.

Nursing Home Problems? Contact Us!

Should you, a loved one, friend or family member be involved in a situation where you believe abuses have been or are taking place in a nursing home, please contact the attorneys at the Law Office of Elliot S. Schlissel. We can help you deal with these difficult matters. Contact us at 1-800-344-6431.