Nursing Home Negligence

08.18.25

Understanding Nursing Home & Elder Care Injuries

Caring for an elderly loved one in a nursing home or assisted‑living facility often comes with peace of mind—until neglect or injuries shatter that trust. Whether you’re concerned about bruises, bedsores, falls, medication errors, or emotional abuse, it’s essential to understand your legal rights and options.

At the Law Offices of Steven Gacovino, P.C., we represent families across New York State whose loved ones have suffered injuries due to inadequate care. This page will help you recognize when care goes wrong and what steps to take to pursue justice and compensation.

Types of Injuries in Nursing Home & Elder Care Settings

Elder care injuries stem from both active mistreatment and neglect. The most common include:

Bodily injuries from falls: broken hips, head trauma, fractures
Medication errors: wrong dosage or contraindicated drugs
Emotional and psychological abuse: isolation, threats, humiliation
Dehydration and malnutrition: weight loss, organ failure
Pressure ulcers (bedsores): signs of poor hygiene or turning schedules
Infections and untreated wounds: sepsis, UTIs, gangrene
Restraint injuries: bruises, circulation issues, psychological harm
Wrongful death: due to neglect, improper transfers, or untreated illness

Negligent conditions like understaffing, unsanitary facilities, and inadequate monitoring often contribute to these injuries. Under New York law, failing to ensure a resident’s dignity or safety is actionable.

When “Not Reckless” Behavior Still Counts as Negligence

You may hesitate to sue if an injury doesn’t look “reckless” or if you like the staff members who have been caring for your loved one. But even well-meaning staff can be negligent by:

Infrequent repositioning, leading to bedsores
Skipping ambulation or assistive exercises, causing muscle atrophy
Failing to follow up on abnormal vital signs
Delaying doctor notification after falls or behavioral changes
Overlooking dehydration, resulting in acute medical events

These omissions violate the Federal Nursing Home Reform Act, which guarantees residents the right to dignity, hygiene, safety, and proper medical care

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Who Has Legal Standing to File a Lawsuit in New York?

The right to sue (standing) is not always limited to a resident’s spouse or children. Under New York law, courts permit standing in certain cases to:

The resident themselves, if mentally and legally capable
A legal guardian or power‑of‑attorney
A personal representative or executor after death
In wrongful death in a nursing home case, specific family members such as surviving spouse or children can sue.

In rare circumstances, even siblings or more distant relatives may have standing if appointed to act for the resident or estate.

Statute of Limitations & Important Deadlines

New York law requires filing a nursing home injury claim within three years of when the injury was discovered or should have reasonably been discovered (CPLR § 214). A wrongful death claim must be filed within two years from the date of death.

Delaying can mean losing your legal rights entirely, and gathering evidence is more difficult as time passes.

What to Do if You Suspect Nursing Home Negligence

If you think your loved one was harmed in a nursing home, here are the steps you should take immediately:

Document visible injuries: bruises, rashes, bedsores, bruises, or other marks.
Keep a written log of symptoms, changes in behavior, meals skipped, off-schedule medications.
Take dated photographs regularly.
Retain medical records and incident reports.
Request staffing schedules, care plans, and physician orders.
File a complaint with the NY State Department of Health or the local ombudsman.
Contact a Nursing Home / Elder Care Injury Lawyer to assess your legal options.
Avoid signing any facility-controlled settlement offers without legal counsel.

The Critical Role of Bedsore Injuries in Elder Care Claims

What Are Bedsores, and Why Do They Matter?

Pressure ulcers—commonly known as bedsores—develop when prolonged pressure cuts off skin circulation, leading to tissue breakdown and infection. Nursing home residents, especially those with limited mobility or underlying health issues, are particularly vulnerable.

Data shows that nationwide, more than 10% of nursing home residents suffer from pressure ulcers—higher still in New York facilities. New York State is a leading state with among the highest incidents of bedsores as well.

Why Bedsore Claims Are Strong Evidence of Neglect

Bedsores typically develop over 24–48 hours in immobile patients and are considered preventable with proper care. Failure to reposition residents, inadequate hygiene, and poor nutrition are hallmark signs of negligence.

Bedsore Injury Claims

Bedsores can progress through four stages, each requiring increasing care:

Stage I: Skin redness that doesn’t blanch
Stage II: Partial skin loss or open sore
Stage III–IV: Deep tissue damage down to muscle or bone

Advanced ulcers may lead to sepsis, gangrene, or even death.

In New York, settlements involving bedsores often reach millions of dollars, especially when the facility had insufficient staffing or ignored early warning signs.

Key elements of a strong bedsore claim:

Medical documentation: imaging, wound assessments, treatment logs
Facility records: care plans, reposition logs, staff shift reports
Expert testimony: wound care specialists to explain negligence
Timeline tracing: onset, observation, and worsening of sores
Infection documentation and hospital admissions

These injuries aren’t just painful—they indicate systematic failure, often tied to understaffing or cost-cutting.

Circumstances That May Be Legally Negligent (Even if Unintentional)

Sometimes harm isn’t obvious. Examples include:

A shift change where no one monitored a high-risk patient
Equipment malfunction that wasn’t promptly reported
Isolation protocols leading to emotional injury in dementia patients
Failure to update fall risk status after a prior incident
Overmedication or mixing contraindicated prescriptions

These practices may seem benign—a missed meal, a medication oversight—but can cause serious harm over time, especially in fragile elderly populations.

What Evidence to Gather and Why It Matters

To build a strong nursing home injury or bedsore case, you’ll need:

Incident reports filed with the facility
Care plans and nursing notes detailing observed conditions
Physician orders and medication administration records
Staffing logs showing inadequate coverage
Video footage (if available) from security cameras
Expert opinions on standard of care and injury causation
Emails, diaries, or conversations expressing concerns to staff or management
Complaints filed with state health department or ombudsman

These prevent a facility from downplaying or denying its role in the harm—recorded evidence can make or break a claim.

Why the Law Offices of Steven Gacovino, P.C. is Your Best Choice in New York

Our firm brings over 25 years of experience in elder care and personal injury litigation. We have:

Successfully handled bedsore, abuse, and negligence cases across NY State
The resources to investigate facility staffing, funding, and care logs
Compassionate service for families during emotionally stressful times
Free consultations and representation on a contingency basis—no fees unless we win

We understand the unique legal deadlines, standards, and medical complexities specific to nursing home injury claims in NY, and we’re prepared to stand up to facility operators or corporate insurers on your behalf.

Frequently Asked Questions

How long does it take to resolve a nursing home injury case?

Cases often settle in 12–24 months; catastrophic injury or wrongful death may take longer.

Can siblings sue if the resident falls under power-of-attorney?

Yes—legal standing can extend beyond immediate family if a fiduciary is appointed.

What if my loved one had pre-existing conditions?

You can still recover—compensation focuses on injuries caused or made worse by neglect.

Are punitive damages possible?

Yes, when conduct is willfully reckless, negligent, or fraudulent.

Do I have to report to the NY Health Department?

You should file complaints, but legal action is separate and may recover compensation.

Is complaint data public?

NY DOH maintains inspection reports; one of our lawyers at Gacovino Law can analyze patterns of violations.

What if my loved one died due to neglect?

A wrongful death action may be filed within two years, along with a survival action.

Can the facility make me sign arbitration agreements?

Some require arbitration—don’t sign without consultation. With gross negligence, arbitration may be unenforceable. Our lawyers will take a close look at any agreements you or your loved one(s) may have signed.

What damages are recoverable?

Medical expenses, pain and suffering, loss of services, emotional distress, and funeral costs.

Is there a minimum injury size that’s worth suing over?

Not really. Severity matters—but even smaller injuries like Stage II bedsores may indicate deeper failures worth legal attention.

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