Bill of Rights Protects from Nursing Home Abuse

Compassionate Legal Advocacy for New York City’s Elderly Residents

When families place a loved one in a nursing home, they expect compassion, dignity, and competent care. Unfortunately, neglect and abuse still occur in facilities across New York City and Long Island.

At Greenstein & Pittari, LLP, our New York nursing home abuse lawyers fight to hold negligent facilities accountable under federal and New York State law. We protect the safety, health, and legal rights of residents in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and Nassau County.

Federal Protections: The Nursing Home Reform Act (NHRA)

The Nursing Home Reform Act of 1987 (NHRA), part of the Omnibus Budget Reconciliation Act (OBRA), established national standards for all Medicare- and Medicaid-certified facilities. Codified under 42 U.S.C. §§ 1395i-3 & 1396r, it created the Federal Residents’ Bill of Rights to ensure that every senior receives the highest practicable physical, mental, and psychosocial well-being.

Key Federal Rights

• Freedom from Abuse & Neglect – Protection from physical, sexual, emotional, or financial harm.
• Freedom from Restraints – No physical or chemical restraint unless medically necessary.
• Dignity & Respect – Every resident must be treated as an individual with autonomy and compassion.
• Privacy & Confidentiality – Private communications and secure medical information.
• Self-Determination – Choice over routines, activities, and personal care decisions.
• Informed Medical Care – Right to choose doctors, review records, and consent or refuse treatment.
• Protection from Improper Discharge – 30-day written notice and safe transfer planning required.
• Access to Visitors – Free communication with family, clergy, and advocates.
• Financial Protection – Safeguarded personal funds; no third-party payment guarantees.
• Freedom from Retaliation – Facilities cannot punish residents for filing complaints.

Violations may trigger federal sanctions, civil lawsuits, and facility decertification.

New York State Nursing Home Residents’ Bill of Rights

New York expands these protections through Public Health Law §2803-c and 10 NYCRR Part 415, creating the New York State Residents’ Bill of Rights-a powerful safeguard for residents in every NYC and Long Island nursing home.

New York Guarantees Residents the Right To:

• Live in a safe, sanitary, and dignified environment free from neglect or abuse.
• Receive adequate medical and personal care tailored to individual needs.
• Be treated with respect, courtesy, and compassion.
• Manage personal property and finances independently.
• Access medical records and participate in care planning.
• Voice complaints to administrators or agencies without fear of reprisal.
• Join resident or family councils to improve quality of life.
• Be free from discrimination due to age, race, gender, religion, or disability.
• Benefit from minimum staffing levels of at least 3.5 hours of nursing care per day.
• Be protected from unlawful discharge or transfer unless medically justified and properly noticed.

Violations expose facilities to civil penalties, punitive damages, and license suspension.

Recognizing Nursing Home Abuse & Neglect in New York

Abuse may be physical, emotional, sexual, or financial – and it often hides behind closed doors. Families should watch for early warning signs:

Physical / Medical Abuse

• Bruises, fractures, or pressure sores
• Rapid weight loss or dehydration
• Overmedication or unexplained sedation
• Repeated hospital visits

Emotional / Psychological Abuse

• Withdrawal, fear, or depression
• Intimidation or verbal humiliation
• Isolation from family and activities

Neglect

• Poor hygiene, dirty bedding, or unattended needs
• Unsafe facilities or repeated falls
• Inadequate nutrition or medical attention

Financial Exploitation

• Missing money or valuables
• Forged checks or altered documents

If you suspect abuse, document everything and contact a New York nursing home abuse attorney immediately.

Accountability & Legal Remedies

When a nursing home violates the law, it can face civil, regulatory, and criminal consequences.

Civil Actions

• Negligence or gross neglect
• Breach of statutory rights
• Wrongful death

Damages may include: medical bills, pain and suffering, emotional distress, relocation expenses, and punitive awards.

Regulatory Enforcement

The New York State Department of Health (DOH) and the Centers for Medicare & Medicaid Services (CMS) investigate complaints, fine facilities, and revoke licenses for repeated violations.

Criminal Liability

Staff or administrators responsible for severe abuse can face criminal prosecution, fines, and imprisonment.

Time Limits

Most civil abuse or neglect claims must be filed within three years (or two years for wrongful death). Prompt action preserves your right to compensation.

Why Choose Greenstein & Pittari, LLP

With decades of experience handling New York nursing home abuse and neglect lawsuits, our attorneys combine legal precision with compassion for victims and families.

What Sets Us Apart

• Local offices in Harlem, the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
• No fee unless we win – Our Fee Guarantee
• Free consultations and bilingual services
• Proven record of multi-million-dollar recoveries
• Recognized by Super Lawyers and Best Lawyers in America
• We handle insurers and investigations so your family can focus on healing

Our motto: Don’t Be a Victim Twice.
Call 1-800-VICTIM2 (1-800-842-8462) to protect your loved one’s rights.

Contact Greenstein & Pittari, LLP

If your loved one has suffered abuse, neglect, or an unlawful discharge in a New York nursing home, take action today.

Call 1-800-VICTIM2 (1-800-842-8462)

We represent clients throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, and beyond.

Greenstein & Pittari, LLP – Protecting the Rights, Safety, and Dignity of New York’s Elderly.