New York Nursing Home Litigation Legal Questions

You (or whomever is legal representative of your mother's estate) most likely has a wrongful death case, as long as death occured less than two years ago- that is the statute of limitations for wrongful death. The statute of limitations for negligence/personal injury is three years, so it's possible to start a case even if she died more than two years ago as long as it's less than three. The value of the case would depend on the particular circumstances of the case, and your mother's age at the time of her death. If you have not already done so, you must file a petition to be appointed executor (if there was a will) or administrator (if no will) of your mother's estate before filing a lawsuit. You cannot commence an action on behalf of a deceased individual unless you have been appointed executor or administrator. ... Read Answer

  Proving nursing home abuse is happening can be difficult. Some elderly patients suffer from dementia and hallucinations, and this can be used to discount their claims. If you suspect a loved one is being mistreated in a nursing home, the first step is to visit them often. Signs of abuse include bedsores, broken bones, burns, and unexplained bruises or bleeding.   If the abuse is dangerous or threatening, you should contact the police by calling 911. To report elder abuse to the proper state authorities visit the National Center on Elder Abuse website. There are several agencies in Connecticut that handle nursing home negligence complaints. If you believe the abuse has caused physical injury to your elderly loved one, you should speak with an attorney.   If you would like more information on the matter visit our nursing home litigation page. D’Amico, Griffin & Pettinicchi, LLC 465 Straits Turnpike Watertown CT, 06795   Phone: (860) 945-6600... Read Answer

I recommend contacting a firm with experience handling cases against nursing homes.  Most nursing home lawyers offer free consultations to evaluate your case and help you determine if you have a cause of action against the facility.  Please note that most states have time limitations for filing nursing home lawsuits, so it is important to contact an attorney as soon as possible. -Steve LevinLevin & PercontiToll-Free Phone: 877-374-1417www.levinperconti.com ... Read Answer