New York Nursing Home Abuse Lawsuit Settlements

After discovering signs of mistreatment in a New York nursing home, many families begin exploring New York nursing home abuse lawsuit settlements to understand their legal options and protect their loved one’s well-being. 

At Nursing Home Law Center, we focus entirely on supporting families whose trust has been broken by nursing home neglect or abuse. We understand how painful and overwhelming this experience can be, and we’re here to guide you through it.

We believe your concerns are valid, and your family deserves answers. Our role is to help you seek justice and a safer future for those you care about.

Settlement and Verdicts Recovered by Our Nursing Home Abuse Lawyers

Our New York nursing home abuse lawyers have decades of experience handling complex cases involving abuse or neglect in nursing homes across the state, securing meaningful results for families who trusted us to stand by their side.

• $3,000,000 Settlement – After undergoing hip replacement surgery, Marie’s husband was transferred to a skilled nursing facility in Syracuse for rehabilitation. Within weeks, he developed severe pressure ulcers that progressed to infection and organ failure. The facility failed to follow basic repositioning protocols and ignored clear warning signs. A NYSDOH investigation found multiple violations. The settlement amount was reached due to strong evidence of neglect and the rapid decline in his condition.
• $2,150,000 Settlement – James, a retired veteran, died from septic shock after developing multiple bed sores while under the care of a Rochester nursing home. His family discovered the injuries only after he was hospitalized. Medical records showed a lack of wound care and nutrition support. The nursing home had previously been cited for inadequate staffing. The wrongful death claim was settled based on the severity of harm and documented negligence.
• $1,700,000 Settlement – While recovering from pneumonia, Evelyn, an elderly woman, fell in her Buffalo nursing home and suffered a subdural hematoma and fractured hip. Staff failed to follow fall prevention protocols, despite prior documented risks. Surveillance footage and nurse notes revealed inconsistent supervision. Her condition declined rapidly after the injury. The nursing home neglect settlement reflects both the physical impact and the emotional toll on her family.

What Types of Financial Compensation Can Be Recovered Through a Nursing Home Abuse Settlement?

When a nursing home patient suffers abuse or neglect, a lawsuit can provide financial relief to help the family recover and move forward. While every case is different, nursing home lawsuit settlements in New York often include several categories of compensation tied to the harm caused and the long-term effects on the resident’s well-being.

Medical Bills

Nursing home abuse settlements often cover medical expenses tied directly to the harm suffered, whether hospital stays, surgeries, wound care, medications, or follow-up treatments. 

For example, a resident who developed pressure ulcers or suffered a fall may require extensive rehabilitation or long-term care. Medical records and billing statements are key in proving these costs and helping families recover what they’ve already paid, as well as future expected medical needs.

Emotional Distress

The emotional toll of nursing home abuse or neglect can be severe for both the resident and their family. Compensation may be awarded for pain, suffering, trauma, anxiety, and loss of dignity, especially in cases involving physical abuse, isolation, or the loss of mobility or independence. 

Though harder to quantify than medical bills, emotional distress is a significant part of many nursing home abuse settlements.

Relocation Costs

When a nursing home is no longer safe, families often have no choice but to move their loved one to a safer facility. The cost of relocating—from transportation and new facility fees to interim medical care—can add up quickly. 

Nursing home neglect settlements may include reimbursement for these out-of-pocket expenses, especially when the move was necessary due to confirmed abuse, neglect, or dangerous conditions.

What Is the Average Settlement for Nursing Home Abuse in New York?

According to Law.com’s VerdictSearch, the average settlement amount in a New York nursing home abuse case is approximately $963,948, while the median is $350,000. Settlement values can range anywhere from $35,000 to $10 million, depending on several factors:

• Type of harm: Cases involving wrongful death, septic shock, or permanent injury–such as brain trauma from a fall–tend to result in higher compensation.
• Quality of documentation: Medical bills, staffing logs, and inspection reports often serve as strong evidence in proving nursing home negligence.
• Venue: Some counties, like Kings County, are more plaintiff-friendly, which can influence outcomes during settlement negotiations or at trial.
• Award type: Most cases resolve through settlement or verdict, with a smaller portion handled through arbitration. Jury verdicts generally lead to higher awards but carry more risk.

Each case is unique, and families are encouraged to consult with experienced New York nursing home abuse lawyers to understand the potential value of their claim and what type of financial compensation may be recoverable.

Example Nursing Home Lawsuit Settlements and Verdicts

$10 Million Verdict – Fall Followed by Fatal Brain Bleed Ignored for Days

Yvonne Clarke, 67, suffered a fall while in long-term care and was not assessed by a doctor or sent to the hospital until she was found unresponsive days later. Experts testified she had a slow brain bleed that went untreated, leading to her death. 

The facility was found negligent and in violation of New York State Public Health Law. The jury awarded $10 million: $7.5 million for wrongful death and $2.5 million for conscious pain and suffering.

$975,000 Settlement – Unsupervised Meal Leads to Choking Death

Clare Miller, 72, an elderly woman who required meal supervision due to having no teeth, was left alone for 20 minutes and choked on a piece of steak. She suffered cardiac arrest and died the next day from asphyxia. Her daughter sued for nursing home negligence and wrongful death. 

The jury found the facility negligent and awarded $6.25 million, but the estate recovered $975,000 under a high/low agreement. Claims included loss of parental guidance and pain and suffering under the Public Health Law.

$5 Million Verdict – Pressure Sores and Sepsis After Extended Neglect

Henry Serrapica, 67, developed bedsores, sepsis, and osteomyelitis while under care at South Shore Rehabilitation. The family alleged he was not turned regularly, contributing to his death. The defense claimed his infections were due to preexisting conditions, but the jury sided with the estate. 

He was awarded $5 million, including $1 million in punitive damages, $2 million for violations of Public Health Law, and $1 million each for pain and suffering and wrongful death.

$3 Million Verdict – Dementia Patient Ingests Lye Left in Unsecured Kitchen

James Reinhardt, 74, who had dementia, accidentally drank lye left unattended on a counter in a secure dementia unit, mistaking it for juice. He suffered severe burns and later died from pneumonia. The estate argued the facility was negligent in leaving hazardous material accessible. 

The jury awarded $3 million, entirely for pain and suffering, after finding the nursing home responsible for the unsafe environment and resulting injuries.

$1.5 Million Verdict – Fall, Bedsores, and Dehydration From Repeated Neglect

Victoria Popielski, 80, was left unattended in a restroom for over three hours, resulting in a fall and fractured arm. She later developed bedsores and was hospitalized twice for dehydration. Her son alleged the nursing home was understaffed and failed to provide consistent care, despite prior citations. The jury found Maplewood 100% liable and awarded $1.5 million for her pain and suffering.

$900,000 Settlement – Fatal Chemotherapy Overdose at Bronx Nursing Home

Juan Lopez, 65, died after receiving repeated overdoses of the chemotherapy drug Xeloda at Riverdale Nursing Home. A nurse allegedly misread the prescription, leading to toxic side effects including dehydration, mental decline, severe rashes, and vomiting. 

NYSDOH found the facility in violation of several care standards. Lopez was hospitalized but later died from complications. His estate claimed nursing home neglect and pursued damages for pain and suffering. The case settled pretrial for $900,000.

$750,000 Verdict – Quadriplegic Man Develops Stage-IV Bedsores

Gaulbert Alvarez, a young quadriplegic man, developed severe pressure ulcers while in the care of Beth Abraham Health Services over 28 months. He alleged the staff failed to reposition him regularly and neglected other basic care needs, leading to a stage-IV bedsore and lasting pain. 

His lawsuit also cited violations of New York State’s Public Health Law § 2801-d, though the jury ultimately did not find a statutory violation. The jury awarded $750,000–$500,000 for past and $250,000 for future pain and suffering–after finding the facility negligent in his care.

What Types of Elder Abuse or Neglect Can Be Grounds for a Nursing Home Lawsuit?

Nursing home abuse takes many forms, and any mistreatment that causes harm, suffering, or loss can justify legal action. Families may file nursing home abuse lawsuits when a loved one is injured, exploited, or neglected in a nursing home.

Physical Abuse

Physical abuse involves any intentional act that causes bodily harm to a nursing home patient, such as hitting, restraining, or shoving. Residents who are frail or unable to speak up are especially vulnerable. 

Injuries like bruises, fractures, or internal bleeding may require emergency care and lead to serious complications. When supported by medical records, these cases often result in significant nursing home abuse settlement amounts.

Emotional Abuse

Emotional abuse includes yelling, threats, name-calling, isolation, or manipulation that causes mental or emotional suffering. Residents may become withdrawn, fearful, or depressed. While harder to prove, emotional abuse can be just as damaging as physical violence and is grounds for legal action. A qualified nursing home lawyer can help families gather evidence and seek compensation.

Financial Fraud

Some nursing home staff take advantage of residents by accessing their accounts, pressuring them to sign over assets, or forging checks. Financial fraud is a severe form of nursing home abuse, particularly when it goes undetected for long periods. These claims often involve detailed investigations and can lead to nursing home abuse settlements that reimburse stolen funds and related losses.

Sexual Abuse

Any unwanted sexual contact, including touching, assault, or harassment, is an act of sexual abuse. Residents with dementia or communication challenges are at particular risk. These cases are devastating for families and can lead to both criminal charges and civil lawsuits. 

Civil claims can help the resident or their representative seek justice for the emotional trauma, physical harm, and loss of dignity resulting from such horrific acts.

Nursing Home Neglect 

Neglect occurs when a nursing home fails to provide necessary care, leading to pressure ulcers, infections, dehydration, or falls. Often, neglect happens in negligent facilities that are understaffed or poorly managed. 

Family members who notice signs of poor hygiene, weight loss, or untreated injuries may have grounds for a nursing home neglect lawsuit. Legal action can help secure a safer environment for other residents while providing compensation for the harm endured.

Wrongful Death

If a resident dies due to nursing home negligence, abuse, or poor medical care, their estate representative may file a wrongful death claim. These lawsuits seek compensation for medical expenses, funeral costs, and the emotional toll on surviving family members. 

A strong case may lead to a significant nursing home abuse settlement amount, especially when there’s evidence of repeated violations or gross neglect.

What Laws Protect New York Nursing Home Residents?

New York nursing home residents are protected by a combination of state laws that outline their rights, establish care standards, and hold responsible parties accountable for abuse, neglect, or substandard treatment. Families who believe their loved one has suffered abuse can take legal action under New York law to pursue maximum compensation and help create a safer facility for others.

The New York Public Health Law § 2801-d allows nursing home residents (or their representative) to file civil lawsuits against a facility that deprives them of any right or benefit guaranteed under federal or state law. 

Residents may recover compensatory damages, including for pain and suffering, and in some cases, punitive damages. The law requires the plaintiff to prove that the facility’s actions were a departure from acceptable care standards.

Section 473 of New York’s Social Services Law requires the local social services department to investigate reports of adult abuse, neglect, and financial exploitation. When a vulnerable adult is in danger, APS may intervene, conduct investigations, and coordinate with law enforcement or healthcare professionals.

The time limit to file a nursing home abuse lawsuit depends on the type of claim. Under CPLR § 214, for cases involving personal injury or neglect, the statute of limitations is three years from the date of the incident. If the case involves wrongful death, family members must file within two years from the date of death, as outlined in EPTL § 5-4.1. 

In situations involving medical malpractice, the deadline is two years and six months from the date of the malpractice or the end of ongoing treatment (CPLR § 214-a).

Several state-run agencies in New York are responsible for overseeing nursing home conditions, investigating complaints, and protecting residents from abuse, neglect, and exploitation.

• New York State Department of Health (NYSDOH): The NYSDOH regulates and inspects nursing home facilities across the state. Families can file complaints online or by calling the complaint hotline at 1-888-201-4563.
• Office of the New York State Long Term Care Ombudsman: The Ombudsman Program advocates for residents in nursing homes, adult care facilities, and assisted living residences. Ombudsmen work to resolve complaints and promote resident rights through on-site visits and confidential support.
• Adult Protective Services (APS): APS investigates and intervenes when vulnerable adults are believed to be at risk of abuse or neglect. APS may coordinate care, arrange for alternative housing, or involve law enforcement if needed.

How to File a Nursing Home Lawsuit in New York

Filing a nursing home abuse lawsuit in New York typically begins with a detailed review of your concerns during a free consultation. 

If there are signs of nursing home neglect, such as untreated bedsores, unexplained injuries, or sudden medical decline, a nursing home lawyer will begin gathering records, staff reports, and facility inspection history.

Once there’s enough evidence to move forward, your attorney files a formal complaint against the nursing home and any other responsible parties. Our legal team manages all communication, deadlines, and court filings on your behalf. During this time, experts may be brought in to review care standards, assess damages, and connect your loved one’s injuries to the facility’s failures.

A significant part of the legal process involves negotiating with the nursing home’s insurance provider. Insurance companies often try to minimize payouts, so your lawyer will present detailed evidence to support your claim. If a fair settlement amount can’t be reached, your lawyer will be fully prepared to take the case to trial to seek accountability and compensation.

Book a Free Consultation and Get Started With the Legal Process

If your loved one has experienced abuse or neglect in a nursing home, don’t wait to take action. At Nursing Home Law Center, our law office is ready to help you understand your legal options. During your free case review, we’ll evaluate your case, answer your questions, and explain how the process works, from gathering evidence to pursuing a nursing home neglect settlement. 

There’s no obligation, and no cost unless we recover compensation for your family. Contact us today to speak with a trusted nursing home abuse lawyer.