New York

• 3 years. (N.Y. C.P.L.R. §214)
• Medical malpractice – 2.5 years from the act or omission or from the end of a continuous treatment during which the act or omission took place. Foreign object cases may be brought within one year from the date that the foreign object was discovered. (N.Y. C.P.L.R. §214-a)

• None.

• 2 years from date of death. (N.Y. Est. Powers & Trusts Law §5-4.1)

• None.

• New York State Department of Health
• Nursing Homes
• Adult Protective Services
• Long Term Care Ombudsman
• Office for the Aging

• “Kathy’s Law,” Offenses Relating to Children, Disabled Persons, and Vulnerable Elderly Persons – (N.Y. Soc. Serv. Law Chpt. 381)

• New York Jury Punishes Nursing Home Where Man Develops More Than 20 Bed Sores

It never fails to amaze me.  Frequently, when I tell people about some of the cases I work on involving bed sores, I only to get a 'so what?' reaction from them.  Are the people who surround me heartless?  Maybe some of them (just joking, honey)?  Nonetheless, the reality is that most people have no idea what a bed sore truly is or the catastrophic consequences that my arise after a person develops them.

When people actually see the gruesome photos of rotting flesh on a person's backside hear about the ongoing medical procedures that are necessary to heal the wound, they begin to understand the real impact of this medical condition.

• Family Alleges Nursing Home's Failure To Control Diabetes Resulted In Death Of Patient

The family of retired Judge John Philips has filed a nursing home negligence lawsuit against Prospect Park Residence alleging the facilities failure to treat the man's diabetes resulted in his death. According to the lawsuit, the staff failed to provide him with a specialized diabetic menu and failed to administer his insulin on a regular basis. 

According to Philips long-time friend John O'Hara, "He had diabetes that was supposed to be controlled.  They kept screwing up.  They killed him." 

The lawsuit seeks $10 million from this New York nursing home.  Read more about this lawsuit here.

• Nursing Home Negligence Results In Death Of Nun

A 90-year-old nun who was a resident at Summit Park Hospital and Nursing Care Center in New York died following a head injury when a stand alone closet fell and hit her on the head.  The woman sustained injuries to her head and face.  She was transferred to a local hospital where she succumbed to her injures.

This was the third incident within a year at Summit Park Nursing Home involving similar closets falling and injuring a resident.  Incidents involving injury to nursing home residents must be reported to authorities. However neither of the similar incidents involving falling armoires were reported by the nursing home.

• Eden Or A Warehouse? You Choose.

Would you like to live in Eden?  A place where you were able to grow and harvest your own food.  A place where you could play with exotic birds.   A place where children's' laughter fills the air.  Eden may be closer than your think.

Eden Alternative, is part of new group of facilities where focus is more on providing an elder-centered community than an warehouse for the frail and sick.  Of course care needs to be the priority at all facilities, but putting a premium on quality of life makes for a far more enjoyable experience for residents.

• Nursing Home Residents Expected To Shoulder More Financial Burden

Many disabled and elderly residents of New York will soon be expected to pay more personal funds toward their nursing home expenses.  The changes are being implemented to minimize government spending by reducing the number of people eligible for Medicaid.  Medicaid was originally conceptualized as a program to protect the poor and disabled.  As the population ages, many people are seeking benefits under Medicare that the system never considered-- middle class people living in nursing homes.

Qualifying for Medicaid is not easy.  A thorough background check is conducted for each recipient.  All assets must be disclosed- including, bank accounts, homes and even vacation homes.  If the Medicaid recipient has any assets to speak of, the assets must be 'spent down' their current assets in order to receive Medicaid benefits.