Nursing Home Abuse

Published on: September 2, 2024

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)

by Stephen Bilkis

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 standards that ensure their well-being, addressing issues such as inadequate care or violation of regulatory requirements.

In Burkhart v. People, Inc., 10 N.Y.S.3d 767 (N.Y. App. Div. 2015), the court had to decide whether the facility qualified as a “residential health care facility” under New York’s Public Health Law § 2801-d. This case arose after Brian Burkhart, a developmentally disabled resident, suffered severe injuries due to alleged negligence by the group home’s employees.

Background Facts

Published on: August 5, 2024

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

by Stephen Bilkis

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 staff during a routine transfer using a Hoyer lift.

A Hoyer lift transfer is a procedure used to safely move individuals with limited mobility, such as those in nursing homes or hospitals, from one position to another, typically from a bed to a wheelchair or vice versa. The Hoyer lift is a mechanical device that consists of a hydraulic or electric-powered lift and a sling, which is placed under the patient. The sling is then attached to the lift, and the patient is carefully lifted and transferred to the desired location. This process requires trained caregivers to ensure that the sling is properly positioned and secured, minimizing the risk of injury to both the patient and the caregivers. Hoyer lifts are commonly used to assist patients who cannot move on their own due to conditions such as paralysis, severe injury, or chronic illness.

Background Facts

Published on: July 3, 2024

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

by Stephen Bilkis

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 injuries must be filed within three years of the date the injury occurred.

In Austin v. Jewish Home & Hosp., 2015 N.Y. Slip Op. 30581 (N.Y. Sup. Ct. 2015), the plaintiff alleged that the nursing home was negligent, resulting in serious injuries to the resident and their wrongful death. The issue before the court was not only whether the nursing home was negligent, but also whether the claims were time-barred due to the statute of limitations.

Background Facts

Published on: January 1, 2024

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)

by Stephen Bilkis

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 even death. In Duran v. Isabella Geriatric Ctr., 2023 N.Y. Slip Op. 30500 (N.Y. Sup. Ct. 2023), the plaintiff sought to recover damages for a violation of these protections after a patient suffered a fall at a nursing home.

Background Facts

The plaintiff initiated the action on September 14, 2021, seeking damages under several causes of action, including violation of Public Health Law §§ 2801-d and 2803-c, negligence, medical malpractice, and gross negligence. Public Health Law §§ 2801-d and 2803-c are designed to protect the rights of residents in nursing homes and other healthcare facilities. Section 2801-d allows residents to sue for damages if their rights, as defined by state law, are violated, ensuring they can seek compensation for harm or injury. Section 2803-c outlines specific patient rights, including the right to adequate and appropriate medical care, privacy, and the ability to voice grievances without fear of retaliation. Together, these laws serve as a legal framework to uphold the dignity and safety of vulnerable individuals in care facilities.