On November 14, 2016, Supreme Court, Bronx County Justice Tapia issued an Order denying a motion to dismiss a nursing home resident's lawsuit against St. Barnabas Nursing Home. Interestingly, the Court held that the malpractice claim should be heard by a jury and also refused to dismiss a claim for deprivation of certain rights guaranteed by a state law-Public Health Law Section 2801-d. This law protects nursing home resident's from abuses or neglect. If a nursing home resident's "sense of dignity " was compromised, the law has been violated triggering a damages award. The Nursing Home must prove any affirmative defense to such a claim by demonstrating that "it exercised all care reasonably necessary to prevent and limit the deprivation allegedly causing the injury".
How much can be recovered from a Nursing Home for the loss of one's sense of dignity? Under the statute noted above, one can recover compensatory damages of no less than 25% of the daily patient rate, as well as an award of attorney's fees, at the Court's discretion. See, Matos v St. Barnabas Nursing Home