In a case involving a nursing home resident’s death, the Appellate Division, Third Department, considered whether Public Health Law § 2801-d permits recovery when the patient dies as a result of a violation of rights. In Hauser v. Fort Hudson Nursing Ctr., Inc., the nursing home argued that the law does not allow for compensation for death under this statute. The court rejected that view and allowed the case to proceed, confirming that the statute includes death as a redressable injury.
Background Facts
Bert Dwain Butler Sr. was a resident at Fort Hudson Nursing Center, which is operated by Fort Hudson Health System, Inc. After his death, the administrator of his estate, Jennifer Hauser, brought a lawsuit against the nursing home. The complaint included several claims: violations of Public Health Law §§ 2801-d and 2803-c, negligence, gross negligence, conscious pain and suffering, and wrongful death.