Nursing Home Negligence and Abuse Attorneys in New York

Protecting the Rights of Seniors and Their Families

At Mark David Shirian P.C., our mission is to protect nursing home residents across New York who have suffered from neglect or abuse. Every senior deserves dignity, safety, and quality care. When nursing homes and caregivers fail to meet these responsibilities, our firm stands ready to hold them accountable.

As an experienced nursing home negligence and abuse law firm in New York City, we have helped many families uncover the truth about neglect and mistreatment in long-term care facilities. Through compassion, persistence, and proven results, we fight to bring justice to those who have been harmed.

Understanding Nursing Home Negligence and Abuse

Nursing home negligence occurs when staff or facilities fail to provide the level of care necessary to protect residents’ health and safety. Nursing home abuse happens when residents are intentionally harmed or exploited—physically, emotionally, sexually, or financially.

Both are violations of trust and can have devastating consequences. Recognizing the signs early allows families to act quickly and protect their loved ones.

Warning Signs of Nursing Home Negligence and Abuse

Physical Signs

• Unexplained bruises, cuts, burns, or broken bones
• Bedsores, pressure ulcers, or infections left untreated
• Sudden weight loss, dehydration, or malnutrition
• Poor hygiene, dirty clothing, or unclean bedding

Emotional and Behavioral Signs

• Sudden withdrawal or depression
• Fear or anxiety around specific caregivers
• Unusual agitation or refusal to communicate
• Loss of interest in activities or family visits

Environmental and Medical Signs

• Unsanitary rooms or strong odors
• Missed medications or incorrect dosages
• Delayed medical care or ignored health issues
• Unsafe surroundings, broken equipment, or lack of supervision

Financial and Legal Red Flags

• Missing personal items or unexplained financial changes
• Sudden updates to wills, bank accounts, or legal documents

If you notice any of these signs of nursing home neglect or abuse, trust your instincts and act immediately.

What to Do If You Suspect Nursing Home Negligence or Abuse

1. Document What You Observe

Write down everything you notice, including dates, times, and details of injuries, behavioral changes, or unsafe conditions. Take photos or videos when possible. This documentation can support your case later.

2. Speak Privately with Your Loved One

Ask compassionate, private questions such as: “Are you being treated well?” or “Do you feel safe here?” Many elderly residents fear retaliation or shame. Your calm reassurance may help them share what is really happening.

3. Report Your Concerns

If there is immediate danger, call emergency services. Otherwise, report your concerns in writing to the nursing home administrator or director of nursing.

You can also contact:

• The New York State Department of Health
• The New York State Long Term Care Ombudsman Program
• Adult Protective Services in your county

These agencies handle investigations of nursing home abuse in New York.

4. Move Your Loved One If Needed

If the facility is unsafe, arrange for your loved one to stay with family or transfer to another trusted care facility or hospital.

5. Contact an Experienced Nursing Home Negligence Attorney in New York

Once your loved one is safe, speak with a qualified New York nursing home negligence lawyer.

At Mark David Shirian P.C., our attorneys investigate claims thoroughly, review medical and care records, and work with medical experts to prove wrongdoing.

We can help you:

• Identify whether neglect or abuse occurred
• Preserve crucial evidence
• Communicate with state investigators and nursing home staff
• File a claim for justice and financial compensation

You do not have to face this alone. Our law firm will stand beside you every step of the way.

Statutory Claims Under New York Public Health Law

In addition to bringing a claim for negligence or abuse, families in New York may also have a legal right to take action under New York Public Health Law Section 2801-d. This law gives residents of nursing homes an additional form of protection and allows them, or their families, to seek justice when a facility has violated their legal rights.

Under this law, a nursing home or long-term care facility can be held responsible if it deprives a resident of any right or benefit that is established by state or federal law, by regulation, by a contract, or by the facility’s own rules. These rights include, among others, the right to proper medical care, adequate supervision, clean and safe living conditions, and treatment with dignity and respect, as outlined by the New York State Department of Health.

The standard under Section 2801-d is different from a traditional negligence claim, as explained by New York courts in cases such as Doe v. Westchester County Health Care Corporation. In a negligence case, it is necessary to prove that the facility or its staff failed to act with reasonable care and that this failure caused injury. Under the Public Health Law, the resident or family only needs to show that the nursing home violated a specific right or regulation and that the resident was harmed as a result.

This distinction is important because it provides another avenue for holding facilities accountable. Even if proving negligence is difficult, a violation of state or federal standards may still give rise to a claim under the Public Health Law. This means families have a stronger path to seek justice when their loved one’s rights have been ignored or violated.

At Mark David Shirian P.C., our attorneys examine every case carefully to determine whether a facility’s actions also violated the New York Public Health Law. We often pursue these statutory claims alongside traditional negligence and abuse cases. By doing so, we help families recover the full range of remedies allowed by law and ensure that negligent nursing homes are held fully accountable for their misconduct.

If your loved one has suffered harm because a nursing home failed to provide proper care, ignored medical needs, or violated their rights under New York law, our team can help you understand whether a claim under the Public Health Law applies to your case. Families can also learn more about state advocacy and complaint options through the New York State Long Term Care Ombudsman Program.

6. Trust Your Instincts

If something feels wrong, it probably is. Families are often the first to notice early signs of neglect or mistreatment. Even subtle changes in health, mood, or hygiene can point to deeper issues. Always take your concerns seriously and act promptly to protect your loved one.

How Mark David Shirian P.C. Helps Victims and Families

Our firm has successfully represented many families in New York nursing home abuse and elder neglect cases. We take pride in uncovering the truth, protecting victims, and fighting for full justice.

When you choose Mark David Shirian P.C., you gain a legal team that:

• Conducts detailed investigations using care logs and witness statements
• Works with top experts in medicine and long-term care
• Holds nursing homes and corporations accountable through strong legal action
• Pursues maximum compensation for medical costs, emotional suffering, and other damages

Each case we handle is treated with professionalism, respect, and unwavering dedication.

Why Families Trust Mark David Shirian P.C.

• Proven success in nursing home abuse and neglect cases
• Compassionate client care and open communication
• In-depth knowledge of elder law and nursing home regulations
• A no-fee guarantee unless we recover compensation for you

When your loved one’s dignity has been violated, you need more than a lawyer — you need advocates who care deeply about your family and your fight for justice.

Protecting the Most Vulnerable

At Mark David Shirian P.C., we are committed to protecting the most vulnerable members of our community. We understand how heartbreaking it is to learn that a trusted nursing home or caregiver has failed your loved one.

Our mission is to bring justice to victims, hold negligent parties accountable, and ensure that no family suffers in silence.

Call Mark David Shirian P.C. today at (212) 931-6530 for a free and confidential consultation.

Our New York nursing home abuse attorneys are ready to listen, investigate, and help your family obtain the justice your loved one deserves.