Long Island
Nursing Home Neglect Lawyer

Nursing Home Neglect Attorney on Long Island

Nursing Home Neglect Lawyer on Long Island

Nursing home neglect is the most pervasive form of elder mistreatment on Long Island. Unlike overt abuse — which involves intentional acts of harm — neglect is the failure to act. It is the meal that never comes, the call light that goes unanswered for hours, the bedsore that develops because no one turned your mother, the urinary tract infection that becomes sepsis because no one noticed the symptoms. Neglect is quieter than abuse but no less deadly. According to the U.S. Department of Health and Human Services, neglect accounts for more than 50% of all substantiated reports of elder maltreatment nationwide.

On Long Island, nursing homes operate under intense financial pressure. Corporate ownership groups — many based out of state — acquire facilities and immediately cut staff to boost profit margins. The result is predictable: residents do not receive the care they need. The food is inadequate, the bathing is infrequent, the medical conditions go unmonitored, and the residents deteriorate. New York law provides powerful remedies for families in this situation, including a dedicated statute — Public Health Law §2801-d — that creates a private right of action with enhanced damages when a nursing home deprives a resident of rights or benefits.

At the Law Office of Jason Tenenbaum, we represent families across Nassau County and Suffolk County whose loved ones have suffered from nursing home neglect. Our nursing home abuse attorneys know how to investigate these cases, identify the systemic failures that caused the harm, and hold every responsible party accountable — from the floor nurse to the corporate owner.

If your loved one is suffering from neglect in a Long Island nursing home, call (516) 750-0595 for a free, confidential consultation. Time is critical — neglect worsens every day it continues.

What Constitutes Nursing Home Neglect in New York

Under New York law, nursing home neglect occurs when a facility fails to provide a resident with the care, services, and supervision necessary to maintain the resident’s health, safety, and well-being. This is distinct from abuse, which requires an intentional act. Neglect is the absence of care — the things that should have been done but were not.

The legal standard comes from multiple sources. Public Health Law §2801-d protects residents from the deprivation of “any right or benefit” created by law, regulation, or the facility’s own policies. The federal Nursing Home Reform Act (OBRA 1987) requires that each resident receive care and services sufficient to “attain or maintain the highest practicable physical, mental, and psychosocial well-being.” New York’s regulations in 10 NYCRR Part 415 establish detailed requirements for nutrition, hydration, infection control, skin integrity, medication management, and resident supervision.

When a facility fails to meet these standards and a resident is harmed, the facility is liable. Neglect includes, but is not limited to:

• Failure to provide adequate nutrition and hydration — not ensuring residents eat and drink enough, leading to malnutrition and dehydration
• Failure to provide medical treatment — not recognizing or treating infections, wounds, changes in mental status, or medication side effects
• Failure to provide adequate hygiene — not bathing residents, not changing soiled clothing or bedding, not providing oral care
• Failure to supervise — not monitoring residents who are at risk for falls, wandering, or self-harm
• Failure to reposition immobile residents — not turning residents at required intervals, leading to pressure ulcers (bedsores)
• Failure to manage medications properly — missed doses, wrong doses, drug interactions, or medication errors
• Social and emotional neglect — leaving residents isolated, not providing meaningful activities, ignoring psychological needs

Each of these failures violates federal and state regulations, and each gives rise to legal claims. If your loved one has experienced any of these forms of neglect, call (516) 750-0595 to discuss your legal options.

Common Forms of Nursing Home Neglect

Neglect manifests in specific, identifiable ways. Understanding these patterns helps families recognize when their loved one is not receiving adequate care and helps attorneys build cases that prove systemic failure rather than isolated incidents.

Dehydration and Malnutrition

Dehydration is one of the leading causes of hospitalization and death among nursing home residents. Elderly residents often cannot feed or hydrate themselves, and many have swallowing difficulties (dysphagia) that require supervised feeding. When staff is insufficient to assist every resident at mealtimes, residents simply do not eat or drink enough. The consequences are severe: electrolyte imbalances, kidney failure, confusion, urinary tract infections, and death. Malnutrition weakens the immune system, impairs wound healing, and accelerates the deterioration of every other medical condition. Unexplained weight loss — particularly more than 5% of body weight within 30 days — is a red flag that demands investigation.

Untreated Infections

Urinary tract infections, pneumonia, wound infections, and skin infections are extremely common in nursing home populations. In a properly staffed facility, these infections are identified early through routine vital sign monitoring, urine tests, and wound assessments, then treated with appropriate antibiotics. In a neglectful facility, the signs are missed or ignored. A UTI that could have been resolved with a course of antibiotics becomes urosepsis. A minor wound infection becomes cellulitis, then sepsis. Pneumonia goes untreated until the resident is in respiratory distress. These escalation patterns are entirely preventable and constitute clear evidence of neglect.

Failure to Reposition — Pressure Ulcers

Immobile or bed-bound residents must be repositioned at least every two hours to prevent pressure ulcers. When understaffed facilities fail to reposition residents, the sustained pressure on bony prominences — the sacrum, heels, hips, elbows — destroys skin and underlying tissue. Pressure ulcers progress through four stages, from surface redness to full-thickness tissue destruction exposing muscle and bone. Stage III and IV pressure ulcers are excruciating, prone to infection (including osteomyelitis, a bone infection), and can be fatal. The development of a Stage III or IV pressure ulcer in a nursing home resident is almost always evidence of neglect.

Medication Mismanagement

Nursing home residents typically take multiple medications with complex dosing schedules, interactions, and monitoring requirements. Medication errors — missed doses, wrong medications, incorrect dosages, failure to monitor side effects, dangerous drug interactions — cause thousands of injuries and deaths in nursing homes every year. Over-medication with sedatives and antipsychotics (so-called “chemical restraints”) is a particularly insidious form of neglect used to make residents easier to manage when staffing is inadequate. Federal law prohibits the use of chemical restraints for staff convenience rather than medical necessity.

Inadequate Hygiene and Bathing

Residents who cannot bathe or toilet themselves depend on staff for personal hygiene. When facilities are understaffed, bathing schedules are skipped, soiled clothing and bedding go unchanged for hours or days, and oral care is neglected. The consequences include skin breakdown, infections, UTIs from prolonged contact with urine and feces, and a devastating loss of dignity that constitutes both physical and emotional harm.

Failure to Assist with Mobility

Residents who need assistance walking, transferring from bed to wheelchair, or using the bathroom are at high risk for falls when that assistance is not provided. When a resident rings the call bell for help getting to the bathroom and no one comes for 30 or 45 minutes, the resident may attempt to move independently and fall. Hip fractures in elderly nursing home residents carry a 20–30% mortality rate within one year. These falls are entirely preventable with adequate staffing and supervision.

Social Isolation

Neglect is not limited to physical care. Federal regulations require nursing homes to provide activities that meet the interests and well-being of each resident. Leaving residents alone in their rooms for days, failing to provide social interaction, and ignoring signs of depression and cognitive decline constitute emotional neglect. Social isolation accelerates cognitive deterioration, worsens depression, and has been linked to increased mortality in elderly populations.

If you have observed any of these forms of neglect in your loved one’s care, call (516) 750-0595 immediately. Early intervention can prevent further deterioration and preserve critical evidence.

New York Laws Protecting Nursing Home Residents

New York has one of the strongest legal frameworks in the nation for protecting nursing home residents. Families pursuing neglect claims can draw on multiple overlapping sources of law, each providing different remedies and advantages.

Public Health Law §2801-d

This is the cornerstone statute for nursing home neglect claims in New York. It creates a private right of action for any patient or resident of a residential health care facility who is injured by the deprivation of any right or benefit created by state or federal statute, regulation, code, rule, or the facility’s own written policies. The statute allows recovery of compensatory damages (including pain and suffering), punitive damages of up to 25% of the compensatory award if the deprivation was willful or reckless, and attorney’s fees and costs. Importantly, §2801-d does not require proof of physical injury — deprivation of rights alone is sufficient, making it a powerful tool even in cases where the physical harm is difficult to quantify.

OBRA 1987 — The Nursing Home Reform Act

The federal Omnibus Budget Reconciliation Act of 1987 established the national framework for nursing home regulation. It requires every nursing home that accepts Medicare or Medicaid to provide services sufficient for each resident to “attain or maintain the highest practicable physical, mental, and psychosocial well-being.” The Act established comprehensive quality-of-care requirements, individual care planning, residents’ rights, and enforcement mechanisms including surveys, deficiency citations, and penalties. While OBRA does not create a private right of action on its own, violations of its requirements establish the standard of care in negligence and §2801-d claims.

Minimum Staffing Requirements

New York’s Safe Staffing for Quality Care Act requires nursing homes to provide a minimum of 3.5 hours of nursing care per resident per day, including at least 2.2 hours from certified nursing assistants and 1.1 hours from licensed nurses. At least one registered nurse must be on-site at all times. These requirements are among the most stringent in the nation, yet many Long Island facilities consistently fail to meet them. Staffing data is reported to CMS and is publicly available — and when a facility operates below mandated ratios, that data becomes powerful evidence of systemic neglect in litigation.

Residents’ Bill of Rights

New York law guarantees nursing home residents a comprehensive set of rights, including the right to be treated with dignity and respect, the right to be free from neglect, the right to adequate and appropriate medical care, the right to privacy, the right to participate in care planning, and the right to voice grievances without retaliation. These rights are codified in 10 NYCRR §415.3 and are enforceable through §2801-d. Every violation of these rights gives rise to a potential claim.

Our nursing home abuse attorneys use every applicable statute, regulation, and legal theory to maximize recovery for families of neglected residents. Call (516) 750-0595 for a free consultation.

Signs of Neglect to Watch For

Families should be vigilant for the following indicators of neglect during visits to a nursing home. These signs, individually and especially in combination, suggest the facility is not providing adequate care.

Physical Indicators

• Unexplained weight loss or signs of dehydration (dry mouth, sunken eyes, dark urine, confusion)
• New or worsening bedsores or pressure ulcers, especially on the sacrum, heels, or hips
• Soiled clothing or bedding that has not been changed
• Poor personal hygiene — unbathed, unbrushed teeth, long or dirty fingernails
• Recurring infections, particularly UTIs, pneumonia, or wound infections
• Unexplained bruises, cuts, or fall-related injuries
• Worsening mobility or muscle contractures from lack of repositioning and physical therapy

Behavioral Indicators

• Increased agitation, anxiety, or depression
• Withdrawal from social interaction or activities the resident previously enjoyed
• Expressions of fear, helplessness, or hopelessness
• Unusual drowsiness or sedation (possible chemical restraint)
• The resident reports not being fed, bathed, or helped to the bathroom on time

Environmental Indicators

• Strong odor of urine or feces in the resident’s room or common areas
• Insufficient staff visible on the floor during visits
• Call lights going unanswered for extended periods
• Dirty or unsanitary living conditions
• Broken or malfunctioning equipment (bed rails, wheelchairs, lifts)

If you observe these signs, document everything — take photographs, write down dates and times, save text messages and emails with facility staff, and request copies of your loved one’s medical records. Then call (516) 750-0595 to speak with a nursing home neglect attorney who can advise you on next steps.

Who Is Liable for Nursing Home Neglect?

Nursing home neglect is rarely the fault of a single individual. It is typically the result of systemic failures driven by cost-cutting at the corporate level. Our investigation identifies every responsible party to maximize the sources of recovery available to the family.

The Facility and Its Corporate Owner

The nursing home itself is the primary defendant in most neglect cases. Under the doctrine of respondeat superior, the facility is vicariously liable for the negligence of its employees. But the deeper liability often lies with the corporate ownership group that controls the facility’s budget, staffing levels, and operational policies. Many Long Island nursing homes are owned by out-of-state corporate chains or private equity firms that prioritize profit over patient care. Identifying and piercing the corporate structure is critical to accessing the full resources available for a judgment or settlement.

The Administrator

The nursing home administrator is responsible for the day-to-day operation of the facility, including staffing, staff training, compliance with state and federal regulations, and ensuring residents receive adequate care. When the administrator fails to maintain staffing levels, fails to address known deficiencies, or fails to implement corrective action plans, personal liability may attach.

Nursing Staff

Registered nurses, licensed practical nurses, and certified nursing assistants who fail to provide care within the scope of their professional responsibilities can be individually liable. This includes failure to assess, failure to notify physicians of changes in condition, failure to implement care plans, and failure to document care. Medical malpractice claims may apply when licensed professionals fail to meet the applicable standard of care.

The Medical Director

Every nursing home is required to have a medical director responsible for overseeing the quality of medical care provided to residents. When the medical director fails to establish adequate protocols, fails to review and update care plans, or fails to ensure residents receive appropriate medical treatment, liability may extend to the medical director personally.

Management Companies

Some nursing homes contract with third-party management companies to handle operations. If the management company controls staffing, training, and operational policies, it may be independently liable for neglect resulting from those decisions. We investigate every contractual relationship in the facility’s operational structure.

Identifying all liable parties requires a thorough investigation of the facility’s ownership structure, management agreements, staffing records, and operational chain of command. Call (516) 750-0595 to begin the investigation.

Long Island Nursing Homes with Compliance Issues

Long Island has dozens of nursing homes, and their quality of care varies dramatically. The Centers for Medicare & Medicaid Services (CMS) rates every nursing home on a 1–5 star scale across three domains: health inspections, staffing, and quality measures. Facilities with 1–2 star overall ratings have significant, documented deficiencies.

The New York State Department of Health conducts annual surveys and complaint investigations at every licensed nursing home. These survey reports document specific deficiencies — called “tags” — for violations of federal and state regulations. Common tags in neglect cases include F684 (quality of care), F686 (pressure ulcers), F689 (accidents/falls), F692 (nutrition), F693 (hydration), and F758 (unnecessary medications).

We review every facility’s inspection history, staffing data, and complaint records as part of our case investigation. When a facility has a documented pattern of the same deficiencies year after year — and the resident was harmed by one of those same deficiencies — the evidence of systemic neglect and reckless disregard is compelling. This pattern evidence supports the 25% punitive surcharge under §2801-d and strengthens claims for punitive damages.

Concerned about a specific nursing home? Call (516) 750-0595 and we can help you evaluate the facility’s record.

Compensation Available in Nursing Home Neglect Cases

Families of neglected nursing home residents can recover substantial compensation under multiple legal theories. The damages available depend on the severity of the neglect, the injuries sustained, and whether the resident survived.

• Medical expenses — hospitalization, surgery, wound care (including debridement and skin grafts for pressure ulcers), antibiotic treatment for infections, physical therapy, and all future medical costs related to the neglect
• Pain and suffering — the physical pain endured by the resident, including the agony of untreated bedsores, dehydration, infections, and the progressive deterioration of health
• Loss of dignity — the humiliation and emotional distress of being left in soiled clothing, denied basic hygiene, ignored, and treated as less than human
• Wrongful death damages — if the resident died as a result of neglect, the family can recover funeral and burial expenses, the resident’s conscious pain and suffering before death, loss of companionship, and other statutory damages under EPTL §5-4.1
• §2801-d 25% punitive surcharge — when the neglect was willful or in reckless disregard of the resident’s rights, the court can impose an additional 25% of compensatory damages as a punitive award
• Punitive damages — in cases of extreme or outrageous conduct, additional punitive damages may be available beyond the statutory surcharge to punish the facility and deter future neglect

New York does not cap non-economic damages in nursing home neglect cases. Use our settlement calculator for a preliminary estimate, then call (516) 750-0595 for a detailed assessment of your specific case.

Why Hire Jason Tenenbaum for Your Nursing Home Neglect Case

Jason has spent 24 years fighting for victims of negligence across Long Island. He understands the regulatory framework governing nursing homes, the corporate structures that drive cost-cutting, and the evidentiary strategies required to prove systemic neglect rather than isolated mistakes.

Nursing home neglect cases are document-intensive. We subpoena staffing records, care plans, medication administration records (MARs), incident reports, DOH survey results, and corporate financial documents. We depose administrators, directors of nursing, floor nurses, and CNAs. We retain geriatric care experts who can testify to exactly how the facility’s care deviated from the standard and how that deviation caused harm to the resident.

Jason handles every case personally — from the initial investigation through trial or settlement. He does not delegate to junior associates, and he does not treat these cases as just numbers. Every neglected resident is someone’s parent, grandparent, or spouse, and every case deserves the full weight of our resources and attention.

Consultations are free. We work on contingency — you pay nothing unless we recover compensation for your family.