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Can You Sue a Nursing Home

Can You Sue a Nursing Home in Buffalo?

On behalf of Rosenthal Kooshoian & Lennon, LLP
Aug 19, 2026

Yes. You can sue a nursing home in Buffalo, New York when abuse, neglect, or substandard care causes a resident harm. A resident or their family can bring a claim, and a local nursing home abuse lawyer can explain whether the facts support a case.

At Rosenthal, Kooshoian & Lennon, LLP, our Buffalo nursing home abuse lawyers represent residents who were hurt by poor care and the families of residents who died because of it. Nursing homes and their staff owe residents a duty to keep them reasonably safe, fed, clean, and properly treated. When a facility falls short of that duty and a resident is injured as a result, New York law allows the resident or their family to hold the facility accountable through a nursing home neglect claim.

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What Are Common Signs of Nursing Home Abuse and Neglect in Buffalo?

Common signs of nursing home abuse and neglect include unexplained injuries, bedsores, sudden weight loss, poor hygiene, frequent falls, dehydration, and unusual fear or withdrawal in a resident.

Families are often the first to notice that something is wrong. Warning signs that may point to nursing home neglect in a Western New York facility include pressure sores, repeated falls, medication errors, dirty living conditions, rapid weight loss, dehydration, unexplained bruises or fractures, and sudden changes in mood or behavior. If you see these signs, documenting them and speaking with a nursing home abuse lawyer can help you understand whether the care fell below what the law requires.

What Types of Nursing Home Neglect and Abuse Can You Sue For in New York?

You can sue a New York nursing home for physical abuse, neglect, medical mistakes, unsafe conditions, and failure to provide basic care that leads to injury.

Our Buffalo nursing home neglect lawyers handle claims that involve a range of failures, including:

  • Physical abuse or rough handling by staff
  • Neglect of basic needs such as food, water, hygiene, and mobility
  • Pressure sores, also called bedsores, from being left in one position too long
  • Falls caused by inadequate supervision or unsafe conditions
  • Medication errors and untreated infections
  • Dehydration and malnutrition
  • Wandering or elopement by residents who were not properly monitored
  • Failure to report or treat a serious change in a resident's condition

Who Can File a Nursing Home Lawsuit in Buffalo, New York?

A nursing home resident can file a lawsuit, and when a resident cannot act for themselves or has died, a family member or the person appointed to represent the resident's estate can file on their behalf.

Many residents are too ill or too vulnerable to pursue a claim on their own. In those situations, a spouse, an adult child, or another close family member often steps in, and the court can recognize a person who is authorized to act for the resident. If a resident has passed away because of neglect, the person appointed to represent the estate can bring the claim on behalf of the surviving family. A Buffalo nursing home abuse lawyer can help your family figure out who is the right person to file.

Can You Sue a Buffalo Nursing Home for a Fall, Bedsore, or Injury?

Yes. You can sue a Buffalo nursing home when a preventable fall, bedsore, or other injury results from inadequate care or unsafe conditions.

Falls and pressure sores are among the most common injuries in nursing home neglect cases, and they are often preventable. When a facility fails to assess a resident's fall risk, leaves a resident unattended, or does not reposition someone who cannot move on their own, serious harm can follow. Our Western New York nursing home neglect lawyers investigate the resident's care records to show where the facility fell short and how that failure caused the injury.

Can You Sue a Nursing Home in Buffalo for Wrongful Death?

Yes. When nursing home abuse or neglect causes a resident's death, the family can bring a wrongful death claim in Buffalo through the person appointed to represent the resident's estate.

Losing a loved one because of poor care is devastating, and New York law allows the family to seek accountability. A wrongful death claim can address the losses the surviving family suffered, and a related claim can address the harm the resident endured before passing. Our Buffalo wrongful death attorneys handle these cases with care for the family while working to show how the facility's neglect led to the death.

What Do You Have to Prove to Win a Nursing Home Abuse Case in New York?

To win a New York nursing home abuse case, you generally have to show that the facility owed the resident proper care, failed to provide it, and that this failure caused the resident's injury or death.

These cases turn on the resident's records and the standard of care. Our nursing home abuse lawyers work to establish that the facility had a duty to the resident, that it did not meet that duty through abuse or neglect, that the resident was harmed, and that the harm was connected to the facility's conduct. Building that proof often involves care charts, staffing records, medical evidence, and, when needed, testimony from professionals who can explain what proper care should have looked like.

How Long Do You Have to Sue a Nursing Home in New York?

New York sets deadlines, known as the statute of limitations, for suing a nursing home, and the exact deadline depends on the facts of your case, so it is important to speak with a nursing home abuse lawyer promptly.

The time you have to file can change depending on the nature of the claim, including whether it is treated as ordinary negligence, a care-related claim, or a case involving a death. Because these deadlines can be shorter than people expect and missing one can end a valid claim, we encourage families to contact a Buffalo nursing home abuse lawyer as soon as they suspect a problem, even if they are still gathering information.

What Compensation Can You Recover in a Buffalo Nursing Home Lawsuit?

Compensation in a Buffalo nursing home lawsuit can include medical costs, the resident's pain and suffering, and, in a death case, losses suffered by the surviving family.

Every case is different, but a nursing home neglect claim may seek recovery for medical treatment related to the injury, the physical pain and emotional suffering the resident experienced, and other losses tied to the harm. When neglect causes a death, the claim may also address what the surviving family lost. Our nursing home abuse lawyers can review your loved one's situation and explain what kinds of compensation may apply.

How Much Does a Nursing Home Abuse Lawyer in Buffalo Cost?

Most nursing home abuse lawyers in Buffalo, including our firm, work on a contingency fee, which means you pay no legal fee unless there is a recovery, and the first consultation is free.

A contingency arrangement lets families pursue a nursing home neglect case without paying money up front during an already difficult time. The legal fee comes as a percentage of any recovery, so your nursing home abuse lawyer only earns a fee if they secure compensation for your family. This structure exists so that holding a facility accountable does not depend on how much money you have.

How Do You Start a Nursing Home Abuse Lawsuit in Buffalo?

You start a nursing home abuse lawsuit in Buffalo by speaking with a local nursing home abuse lawyer who can review the records, investigate the care, and file a claim on the resident's behalf.

If you believe a loved one was hurt by nursing home abuse or neglect in Western New York, the first step is a conversation. Our Buffalo nursing home abuse lawyers at Rosenthal, Kooshoian & Lennon, LLP will listen to what happened, request and review the care records, and help you understand whether your family has a case. We handle these matters in house, from the first call through resolution. If you have concerns about a loved one's care, we welcome the chance to talk with you in a free consultation.

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