Horrific accounts of neglect and abuse of New York nursing home residents prompted the enactment of a series of laws, including Public Health Law §§2801-d and 2803-c, in 1975. The statutes established a private right of action allowing nursing home patients to sue to recover damages caused by the deprivation of statutorily defined rights or benefits. PHL §2801-d also permits recovery of punitive damages in cases of willful or reckless disregard of the lawful rights of the patient and gives courts discretion to award attorney fees to plaintiff. Regulations implementing the legislation are contained in 10 NYCRR Part 415.

PHL §2801-d claims are subject to the affirmative defense that the facility exercised all care reasonably necessary to prevent and limit the deprivation of the right or benefit.

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