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, […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...