How can I legally proceed against NYC-based organization for assisted housing negligence?

Question

I believe the organization financing and overseeing an assisted housing facility in NYC is liable for negligence that contributed to my mother's death. The facility neglected infection and COVID-19 precautions, dehydration, unattended falls, and cleanliness, resulting in severe health issues. My mother was the third victim to die from negligence, with another individual surviving under similar circumstances, where I had to assist without payment or employment there. I have documentation, including hospital reports, photos, and witness testimony. I filed multiple complaints before and after my mother's death, both personally and by other affected parties. How can I proceed legally against the organization?

Stephen Bilkis · Answer

I'm sorry to hear about the difficulty you are experiencing and the loss of your mother. The situation you describe is deeply troubling, and it's important to ensure that those responsible for her care are held accountable. To legally proceed against a New York City-based organization for assisted housing negligence, several important steps need to be taken, including gathering evidence, identifying legal grounds for the claim, and filing the appropriate legal actions. 
 
First, it's important to establish the basis for the negligence claim. In New York, to successfully pursue a claim for negligence, you must prove that the defendant owed a duty of care to your mother, breached that duty, and that the breach directly caused her injuries or death. In the case of an assisted housing facility, the organization responsible for overseeing and financing the facility likely had a duty to provide reasonable care to residents, which includes ensuring proper infection control, preventing falls, maintaining cleanliness, and addressing health concerns like dehydration. 
 
Based on the details you provided, it sounds like you may have a claim for medical malpractice or negligence, particularly if there was a failure to adhere to proper COVID-19 protocols, a failure to properly monitor residents for health risks like dehydration and infection, and inadequate response to falls or injuries. The fact that there are multiple victims and that you have documentation, such as hospital reports, photos, and witness testimony, strengthens your case. 
 
You will need to assess whether the organization is considered a private entity or a government entity. If it's a private organization, your legal recourse will typically be through a personal injury or wrongful death lawsuit in civil court. If the organization is a government entity or a public housing organization, there may be additional legal considerations.  In that case, you may need to file a notice of claim with the appropriate government agency before proceeding with a lawsuit. 
 
Additionally, it is important that you review any complaints or claims already filed with relevant regulatory bodies, such as the New York State Department of Health or the NYC Department of Health and Mental Hygiene. These organizations may be able to assist in your case by conducting investigations or taking regulatory action against the facility. 
 
Given the complexity of these matters, including gathering evidence, evaluating potential legal defenses, and understanding the applicable law, it is highly recommended that you consult with an experienced personal injury lawyer, particularly one who specializes in medical malpractice or negligence cases. A lawyer will be able to guide you through the legal process, help evaluate the strength of your claim, and represent you in court if necessary. 
 
Ultimately, filing a lawsuit against the organization for assisted housing negligence will require proof that the facility's negligence caused harm to your mother and that they failed to uphold the necessary standards of care. Your documentation will be vital in this process. 
 
Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

Jonathan R. Ratchik · Answer

Sorry for your loss. Generally speaking, assisted living facilities have a legal duty to monitor the elderly residents under their care and could be responsible if their negligence, i.e. a departure from the standard of care, causes harm. Keep in mind that the statute of limitations for wrongful death actions in New York is two (2) years from the date of death. If you intend to pursue legal action, best to speak with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.

Tim Akpinar · Answer

I'm very sorry for the loss of your mother and the other two victims here. If I were to emphasize a key point here, it is that you must act promptly. If you are dealing with public agencies, that generally involves notice of claim requirements - please consult with an attorney without further delay to learn about ALL possible deadlines that would apply here. The prospects for this type of action could depend on the quality of evidence available, which would require further investigation. The materials you already have should be helpful when you consult with attorneys. Good luck

Lyaman F. Khashmati · Answer

I’m really sorry about what happened to your mom and how tough this has been for you. If you want to take legal action against the organization for not properly caring for her, here’s a simpler breakdown of what to do:   
 
**1. Understand What “Negligence” Means**   
In New York, you’d need to show three things:   
- The organization was supposed to keep your mom safe (this is called a “duty of care”).   
- They failed to do that (like ignoring COVID rules, not helping with dehydration, or not preventing falls).   
- Their failure directly caused harm to your mom.   
 
**2. Gather Evidence**   
Save any proof you have, like:   
- Hospital records or doctor’s notes.   
- Photos of unsafe conditions (dirty areas, broken equipment, etc.).   
- Statements from people who saw what happened.   
 
**3. Check Who’s Responsible**   
- **Private Organization?** You’d file a lawsuit in civil court.   
- **Government/Public Housing?** You might need to file a special notice with a government office first.   
 
**4. Report to Authorities**   
Contact groups like the **NYC Department of Health** to see if others have complained. They might investigate and help your case.   
 
**5. Get a Lawyer**   
This stuff is complicated! A lawyer who knows about medical or nursing home negligence can:   
- Help collect evidence.   
- Explain your rights.   
- Fight for you in court if needed.   
 
**Why This Matters**   
Your goal is to prove the organization's mistakes hurt your mom. Strong evidence (like your documents) will be key.   
 
*Note: This isn’t official legal advice. To get help tailored to your situation, talk to a New York lawyer.*

Q: How can I legally proceed against NYC-based organization for assisted housing negligence?