When a loved one needs more help than you can give, you may need to trust a nursing home with their care. However, not every nursing home has your loved one’s best interest at heart. If you or someone you know is a victim of nursing home negligence, there are steps you can take to make things right. In cases of an emergency, call 911 immediately for help from first responders. Additionally, we recommend filing a complaint with the New York State Department of Health (NYSDOH) for nursing home negligence. Finally, contact an experienced attorney to explore possible compensation.
At Shaevitz & Shaevitz in Queens, NY, we help you build your case and file all necessary claims to seek justice.
How To File a Nursing Home Negligence Complaint in NY
If you believe someone is being abused or neglected in a nursing home, filling out a NYSDOH Nursing Home Complaint Form is a necessary first step. You may do so confidentially or anonymously to protect your identity. But it’s important to note that the incident must have occurred within the past year.
There are a few ways to fill out this form, including:
- Online: On the NYSDOH website, the Nursing Home Complaint Form is easily accessible for your convenience. Simply fill out all required fields and submit the form to begin the process.
- Phone: If you wish to file a complaint over the phone, call the Nursing Home Complaint Hotline at 1 (888) 201-4563. While you can call 24/7, the hotline is only staffed Monday – Friday from 8:30 AM to 4:45 PM. If you call after hours, simply leave a message, and they will call you back.
- Email: To submit the form via email, complete and scan the form, and send it to nhintake@health.ny.gov.
- Fax: If you need to fax the form to the NYSDOH, fax it to 518-408-1157.
- Mail: Finally, if you want to fill out a physical copy of the form, print it out and send it to:
NYSDOH DRS/SNHCP
MAILSTOP: CA/LTC
EMPIRE STATE PLAZA
ALBANY, NEW YORK 12237
In said complaint, be sure to include the name of the facility and those involved, as well as the details of the incident. If possible, include copies of things like medical records, messages, and photos of injuries.
The filing of a Nursing Home Complaint may trigger an investigation by the DOH, but it does not begin the process of acquiring compensation. To seek compensation for injuries due to nursing home negligence, you’ll need to reach out to a personal injury lawyer.
How To Get Compensation for Nursing Home Negligence
Shaevitz & Shaevitz is a personal injury law firm in Queens, NY, that is family-owned and operated. For over 65 years, we have been pursuing compensation for clients like you in New York.
We start with a free consultation. This meeting allows us to get to know you and your case, evaluating the potential value of your claim. Then, we begin collecting evidence.
To obtain compensation, we must prove that the nursing home owed the resident a specific duty of care and failed to meet it. Using evidence like photographs of injuries, bills, medical records, discharge paperwork, incident reports, and witness statements, we help build a case against the appropriate party.
When filing a personal injury lawsuit for nursing home negligence or abuse, multiple parties may be at fault. The staff, the facility, or even the parent company of the nursing home may be liable. We will help determine who to file your claim against and what compensatory damages you may be eligible for.
Within the statute of limitations, we will file your claim to seek compensation that covers damages. These damages may include medical treatment, hospital bills, emotional distress, loss of dignity, and even funeral expenses in a wrongful death case.
However, the statute of limitations will depend on which lawsuit you’re filing. New York personal injury claims typically have a 3 year limitations period, while medical malpractice claims generally have a 2 year and 6 month limitations period. Wrongful death claims have a statute of limitations of two years from the date of death.
Typically, these cases settle outside of court. But if necessary, we are prepared to take your case to court and fight for your right to fair compensation.
Contact an Experienced Attorney in Queens, NY, for Compensation
Leaving a loved one in a nursing home means placing your trust in the facility, staff, and other residents. But when that trust is broken and results in injury, you deserve compensation. If you or a loved one was injured due to nursing home negligence, file a complaint with the NYSDOH. Not only will they begin an investigation into the case, but they may also make it easier down the line to pursue compensation for injuries! Contact Shaevitz & Shaevitz in Queens, NY, for a free consultation to learn if you’re eligible for compensation and how to start your journey towards justice.
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