March 3rd, 2011
Woman Seeks OK to Discuss Mom’s Death
Posted by Faraci LangeClick here for the full article on the Democrat and Chronicle website.
February 24th, 2009
Appellate Division Rules That Public Health Law Claims can be Brought With Common Law Negligence Claims Against Nursing Homes for Injuries to Patients Caused by Neglect or Abuse
Posted by Stephen G. Schwarz, Managing Partner, Faraci LangeBack in September of 2008, we posted an article about Kash v. Jewish Home & Infirmary of Rochester, a case scheduled to be heard by the Appellate Division, Fourth Department in its upcoming term. The appeal was argued in December and was recently decided by a 3-2 majority of the justices in favor of victims of neglect or abuse in nursing homes. The Appellate Division held that a nursing home resident injured due to the negligence of the staff could bring a medical malpractice claim against the nursing home together with a claim under New York Public Health Law §2801-d. See Kash v. Jewish Home & Infirmary of Rochester, N.Y., Inc., 2009 NY Slip Op 1041, 2009 N.Y. App. Div. LEXIS 1065 (4th Dept. 2009). (For more infromation about §2801-d, read the September 19, 2008 posting). More…
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.
