Signs of Nursing Home Neglect in Queens — and What Families Can Do

The warning signs of neglect

• Bedsores (pressure ulcers). Especially on the heels, hips, and tailbone. Residents who cannot move themselves must be repositioned regularly; advanced bedsores are among the clearest markers of neglect.
• Falls, especially repeated ones. A resident assessed as a fall risk should have a care plan — bed alarms, assistance to the bathroom, low beds. A fracture from an unassisted fall often means that plan was not followed.
• Unexplained weight loss or dehydration. Dry mouth, confusion, urinary infections, loose-fitting clothes.
• Poor hygiene. Soiled bedding, unchanged clothes, strong odors, untreated infections.
• Medication problems. Sudden sedation, missed doses, or new drowsiness that no one explains.
• Wandering or elopement. A resident with dementia found outside or in an unsafe area.

The warning signs of abuse

Abuse is less common than neglect but more urgent. Watch for bruises in unusual places (upper arms, inner thighs), injuries at different stages of healing, a resident who becomes fearful or withdrawn around a particular staff member, torn clothing, unexplained changes in finances, and staff who resist letting you visit alone. If you believe a resident is in immediate danger, call 911 first.

How to report it in New York

The New York State Department of Health licenses and investigates nursing homes and accepts complaints by phone and online. A DOH complaint can trigger an unannounced inspection. Before and after you report, you can review a facility's inspection history and staffing ratings on Medicare's Care Compare. The Long Term Care Ombudsman Program, through the NYS Office for the Aging, also advocates for residents.

Document as you go: dated photographs of injuries and conditions, the names of staff you spoke with, what you were told, and copies of care plans. Ask, in writing, for the resident's medical chart; residents and their authorized representatives have a right to it.

The legal rights that apply

New York's Public Health Law § 2801-d gives nursing home residents a private right to sue a facility that deprives them of a right or benefit created by statute, regulation or contract — including the federal and state rules on adequate care, dignity, and freedom from abuse — for any injury that results. The statute allows recovery of damages and, in appropriate cases, attorney's fees, and it adds to ordinary negligence and malpractice claims rather than replacing them.

Deadlines depend on the claim. Many negligence-based injury claims have a three-year statute of limitations; medical malpractice claims are shorter; and if a resident has died, a family's wrongful death claim generally must be brought within two years of death. We explain wrongful death recovery in how wrongful death payouts work in New York, and general timing in how long you have to file an injury claim.

What families in Queens should do this week

• Visit at different times of day, including evenings and weekends, when staffing is thinnest.
• Photograph anything that concerns you and write down dates.
• Raise the issue in writing with the director of nursing and ask for a care plan meeting.
• If it is not fixed, file a DOH complaint.
• If there has been a serious injury — a fracture, a stage 3 or 4 bedsore, a hospitalization, a death — talk to a lawyer before records are "updated."

We represent residents and families from Fresh Meadows, Jamaica Estates, Flushing and across Queens. See our nursing home neglect practice for how these cases proceed.

Common questions

This page is general information about New York law. It is not legal advice, and reading it does not create an attorney-client relationship with Davidov & Cohen Law. To talk about your own situation, tell us what happened.