If you suspect that a loved one has suffered from neglect or abuse in a New York nursing home, it’s important to understand how much time you have to take legal action.
The General Rule: 3 Years to File a Claim
In most cases, you have three (3) years from the date of the negligent act or omission to file a nursing home negligence lawsuit in New York. This time limit, known as the statute of limitations, typically applies when your loved one has experienced serious harm such as:
- Bedsores (pressure ulcers)
- Falls resulting in broken bones
- Malnutrition or dehydration
- Unexplained injuries or infections
You may file a claim on behalf of your family member if they are unable to do so themselves.
Important Exceptions: Shorter Deadlines May Apply
There are situations where the time limit is significantly shorter:
- Public or Municipal Nursing Homes: If the facility is operated by a city or county, you may have as little as 90 days to file a formal document called a Notice of Claim.
- State-Run Nursing Homes: Similarly, if the nursing home is operated by New York State, the timeline for initiating legal action may also begin with a Notice of Claim within 90 days.
These shorter deadlines make it especially important to act quickly. Failing to meet these strict requirements could mean losing your right to compensation.
What Should You Do If You Suspect Neglect or Abuse?
If you observe signs of neglect or abuse—such as visible injuries, emotional withdrawal, poor hygiene, or unexpected medical issues—contact an attorney right away. An experienced New York nursing home abuse lawyer can help determine your legal options and make sure you don’t miss any important deadlines.
Need Help or Have Questions?
Understanding New York’s nursing home laws can be confusing, especially when you’re worried about the safety of a loved one. If you have any questions or suspect nursing home negligence, don’t wait—reach out to a qualified attorney for a free consultation.