September 19th, 2008
Upcoming Appeal in Rochester Should Settle Whether New York Public Health Law §2801-d Claims can Coexist with Common Law Negligence Claims Brought By Injured Nursing Home Patients
Posted by Stephen G. Schwarz, Managing Partner, Faraci LangeNew York Public Health Law §2801-d provides a statutory remedy to nursing home patients for injuries suffered as a result of the deprivation of certain rights or benefits granted by contract, or by applicable federal and state law. The statute mandates an award of compensatory damages of no less than twenty-five percent of the nursing facility’s daily rate for each day the patient’s injury exists. In addition, it provides for punitive damages and attorneys’ fees in appropriate circumstances.
