Nursing homes are meant to provide care, safety, and dignity for our loved ones. When that trust is broken through neglect or abuse, families are left with not only emotional pain but also legal questions. In New York, holding a facility accountable requires more than suspicion—it demands clear, well-documented evidence.

If you suspect your loved one is a victim of nursing home abuse or neglect, knowing what to document and how to gather it can significantly strengthen your case. This guide walks you through the steps to collect strong, admissible evidence for a nursing home abuse claim in New York.

What Qualifies as Nursing Home Abuse or Neglect in New York?

Before you begin gathering evidence, it helps to understand what legally constitutes abuse or neglect in a nursing home setting. In New York, nursing home abuse can take several forms:

• Physical abuse – hitting, shoving, restraining without medical justification
  
• Emotional abuse – threats, humiliation, intimidation, or isolation
  
• Sexual abuse – any non-consensual sexual contact
  
• Financial exploitation – unauthorized use of a resident’s money or assets
  
• Neglect – failure to provide adequate food, water, hygiene, medication, or supervision
  

Abuse often goes unreported due to fear, confusion, or cognitive impairments. This makes it even more important for family members to act when something doesn’t feel right.

1. Document Visible Signs of Abuse

One of the most direct ways to begin building your case is by photographing visible injuries or conditions.

What to capture:

• Bruises, cuts, welts, or burns
  
• Bedsores (also called pressure ulcers)
  
• Signs of malnutrition or dehydration
  
• Unsanitary living conditions such as soiled bedding or cluttered rooms
  

Use a smartphone or camera with a timestamp feature to log the date. Take wide shots to show context, and close-ups to show detail. Always save copies in a secure location.

Tip: Continue documenting changes over time. Progressive injuries can indicate a pattern of neglect.

2. Keep a Written Log of Observations and Conversations

A written journal can become an invaluable piece of evidence. It creates a clear timeline and captures details that may fade from memory.

Include:

• Dates and times of visits
  
• Names of staff members you spoke with
  
• Unusual behavior or mood changes in the resident
  
• Missed medications or unexplained medical issues
  
• Specific responses from staff when concerns were raised
  

This journal doesn’t need to be formal—it just needs to be consistent and detailed. The goal is to create a reliable record that supports your concerns.

3. Request and Review Medical Records

In New York, residents and their legal representatives have the right to request medical records under state and federal law. These documents can reveal patterns of neglect or discrepancies in care.

Key records to obtain:

• Medication administration logs
  
• Incident reports
  
• Progress notes from nurses and doctors
  
• Transfer or discharge summaries
  
• Emergency room visit records
  

Compare these records with your own observations. If injuries were never recorded, or treatment was delayed, it may support claims of negligence. A skilled attorney can help analyze these records for inconsistencies or red flags.

4. Gather Witness Statements

If other residents, visitors, or staff members witnessed the abuse—or even heard about it secondhand—they can offer valuable testimony.

How to do it:

• Speak to family members of other residents who may have noticed similar issues
  
• Ask visiting aides or private caregivers if they’ve seen troubling conduct
  
• If a staff member is willing to speak off the record, write down the conversation and ask if they would testify later
  

While some may hesitate to come forward, even anonymous tips can prompt deeper investigations. Your attorney may later subpoena individuals for sworn testimony.

5. File a Complaint with the New York State Department of Health

Filing a formal complaint with the New York State Department of Health (NYSDOH) can trigger an official inspection. The Department investigates claims of abuse and neglect in nursing homes and maintains public records of its findings.

To file:

• Call the NYSDOH Nursing Home Complaint Hotline at 1-888-201-4563
  
• Submit a complaint online through the Health Commerce System
  
• Or mail a detailed letter to the Department’s Centralized Complaint Intake Program
  

Once a complaint is filed, investigators may interview staff, review facility records, and inspect the home. Any findings of noncompliance can serve as evidence in your legal claim.

6. Review Surveillance Footage If Available

Some nursing homes install security cameras in common areas. While video footage of private rooms is rare due to privacy laws, communal areas may provide indirect evidence of mistreatment or neglect.

If you believe video exists:

• Request it immediately in writing—facilities are not required to retain footage for long
  
• Be specific about the date, time, and location you want reviewed
  
• Work with an attorney to request preservation through a legal hold letter, if necessary
  

Footage showing missed care, lack of supervision, or unsafe conditions can be especially persuasive in court.

7. Secure Facility Inspection Reports and Staffing Records

Under federal law, nursing homes must meet specific staffing and quality standards. Facilities are also subject to periodic inspections.

Ask your attorney to help gather:

• Reports from the Centers for Medicare & Medicaid Services (CMS)
  
• Staffing rosters, including nurse-to-patient ratios during relevant shifts
  
• Prior complaints or sanctions against the facility
  

Chronic understaffing is a leading cause of nursing home neglect. If records show your loved one’s facility had a history of violations, it could support your case for liability.

Call Brandon J. Broderick For Legal Help

Pursuing a nursing home abuse claim in New York can be complex and emotionally taxing. That’s why working with a trusted legal team is essential. At Brandon J. Broderick, Attorney at Law, we understand what it takes to build a strong case, hold negligent facilities accountable, and fight for the safety and dignity your loved one deserves.

Whether you’re just beginning to collect evidence or are ready to file a claim, we’re here to support you every step of the way. We have a proven record of success in nursing home abuse cases and will work tirelessly to secure justice on your behalf.

Contact us today for a free consultation and take the first step toward protecting your loved one’s rights and future.