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State and Municipal-Run Nursing Homes Are Not Subject to Punitive Damages for Abuse and Neglect

Posted on January 21, 2021

New York Public Health Law Section 2801-d provides for punitive damages against nursing homes whose abuse and neglect of a resident was willful or was committed in reckless disregard of the resident’s rights. One would like to think that that rule would be applicable to private as well as government-run nursing homes alike. In fact, […]

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Estate of Nursing Abuse Victim Can Recover Damages for the Victim’s Death

Posted on October 28, 2020

Generally, the only persons entitled to bring a lawsuit under New York’s wrongful death statute for the death of a nursing home abuse victim are the victim’s distributees, i.e., persons who would have, by law, inherited from the victim’s estate had the victim not had a will. The recovery in such cases is limited to […]

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New York Law Prohibits Nursing Homes from Evicting Residents Based on their Source of Payment for Care

Posted on September 25, 2020

Because of the extremely high costs of nursing home care, Medicaid pays the costs of that care for the vast majority of New Yorkers.¬†Recent news articles have highlighted the appalling practice of many nursing homes which, in order to make room for higher paying residents, transfer residents receiving Medicaid to hospitals and do not allow […]

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New York State Passes Legislation Partially Revoking Immunity of Nursing Homes for Negligence During COVID-19 Pandemic, But Danger of Federal Immunity for Nursing Homes Still Present

Posted on August 25, 2020

In March 2020, at the urging of the nursing home lobby, a little-noticed provision was slipped into the New York State Budget that gave nursing homes unprecedented immunity from civil and criminal liability for damages they cause when providing any health care services during the COVID-19 pandemic.¬†While nursing homes were still liable for damages they […]

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