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Articles Posted in Nursing Home Abuse

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Court determined that nursing home violated New York Public Health Law § 2801-d and upheld jury award of $2,500,000 pain and suffering. Smith v. N. Manhattan Nursing Home, Inc., 70 Misc. 3d 891 (N.Y. Sup. Ct. 2020)

In New York, nursing home residents are protected under Public Health Law § 2801-d, which ensures their right to adequate care and treatment. This law guarantees that residents receive proper healthcare, are treated with dignity and respect, and are free from abuse and neglect. It also protects their personal autonomy,…

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Whether defendant is a “residential health care facility” as defined by §2801-d of the Public Health Law. Burkhart v. People, Inc., 10 N.Y.S.3d 767 (N.Y. App. Div. 2015)

New York’s Public Health Law § 2801-d allows patients of residential health care facilities, like nursing homes, to pursue legal action if they are deprived of rights or benefits outlined in contracts or state regulations. The law provides a means for patients to seek compensation when facilities fail to meet…

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 Court determined that there were issues of fact about nursing home’s inspection failure and evidence spoliation. Turner v. N. Manhattan Nursing Home, Inc., 2018 N.Y. Slip Op. 30406 (N.Y. Sup. Ct. 2018

 Turner v. N. Manhattan Nursing Home, Inc., 2018 N.Y. Slip Op. 30406 (N.Y. Sup. Ct. 2018) involves the unfortunate circumstances surrounding the injury and subsequent death of Sarah Louise Drayton, a long-term resident of a New York nursing home. The legal action arose from alleged negligence by the nursing home…

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 Austin v. Jewish Home & Hosp., 2015 N.Y. Slip Op. 30581 (N.Y. Sup. Ct. 2015)

When it comes to pursuing claims against negligent nursing homes for abuse or negligence, claims must be filed within the limitations periods. In New York, the statute of limitations for personal injury claims is generally three years from the date of the injury. This means that a lawsuit for personal…

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Default judgement on issue of liability in nursing home neglect case. Duran v. Isabella Geriatric Ctr., 2023 N.Y. Slip Op. 30500 (N.Y. Sup. Ct. 2023)

In New York, nursing home residents are entitled to certain rights and protections under state and federal law. These legal protections ensure that residents receive adequate care and are treated with dignity. When a nursing home fails to meet these standards, the consequences can be severe, leading to injuries or…

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