Residents in poorly heated nursing homes face an increased risk of heart attacks, strokes, and asthma attacks. They may also develop life-threatening hypothermia or frostbite requiring amputation. Nursing home residents are entitled to safe, clean, comfortable, home-like environments, and nursing homes can potentially be held liable for inadequate heating when it causes harm.
Our experienced New York nursing home neglect lawyers can help you recover compensation if you or a loved one were harmed because of poor heating in a nursing home. Contact us online or call (716) 500-5678 today to schedule a free, no-obligation case review today.
ON THIS PAGE
- What Are the Legal Obligations of Nursing Homes Regarding Heating?
- Step 1: Document Everything
- Step 2: Report the Issue to Nursing Home Management
- Step 3: Request Medical Records
- Step 4: File a Report with State Regulators
- Step 5: Contact an Attorney for Legal Action
- Contact Our Experienced Attorneys for Nursing Home Negligence Help
What Are the Legal Obligations of Nursing Homes Regarding Heating?
Nursing homes are required to have heat. The “safe environment” requirements in Title 42 of the Code of Federal Regulations require nursing homes to maintain temperatures between 71–81°F in all indoor resident areas. New York standards for nursing home construction further specify that every nursing home in the state must be capable of heating all resident areas to at least 75°F. The precise temperature in nursing homes should be based on the comfort level of the residents.
Signs of Nursing Home Heating Negligence
Your loved one’s nursing home may be violating state and federal regulations if your loved one answers “yes” to any of the following questions:
- Do you feel cold anywhere in the facility?
- Have you noticed malfunctioning heaters in the facility?
- Have you or other residents complained that the facility is cold?
- Do residents shiver or show other signs of being cold?
- Has your health suffered because of cold temperatures?
- Do nursing home staff members wear jackets indoors or complain about being cold?
- Do any residents lack warm clothing or blankets?
The New York Department of Health oversees nursing home standards within the state. You do not have to allow your loved one to continue living in uncomfortably or dangerously cold conditions. We can help you protect their right to a safe and comfortable environment if their nursing home is not properly heated.
Step 1: Document Everything
Documentation can guide Health Department investigations and provide key evidence in a nursing home personal injury claim. Gather relevant evidence by taking notes, photographs, and videos. Important details may include:
- Thermostats showing low temperatures
- Dates, times, and locations of unsafe temperatures in the nursing home
- Malfunctioning heaters and thermostats
- Cold drafts and inadequate insulation
- Your loved one’s complaints with dates and times
- Other residents’ complaints with dates and times
Consider leaving a digital or “smart” thermometer that records data automatically with your loved one so you can monitor the temperature while you are away.
Step 2: Report the Issue to Nursing Home Management
Report your observations to the nursing home administrator in writing as soon as possible. The nursing home should have a grievance procedure in place, which may include a written complaint form. If you cannot go to the office in person, send the form via certified mail so you can prove that it was delivered.
Follow up with the nursing home administration if you do not hear back within a few days. Note the details of any phone calls or in-person visits with nursing home management. If you receive a written response, keep a copy. If the nursing home fails to respond, document this in your report. If your loved one was harmed or the nursing home fails to address the issue, proceed to the next step.
Step 3: Request Medical Records
Winters in New York are among the coldest in the country, and poor heating is a serious threat to nursing home residents. Inadequate heating, especially in the colder months, can lead to:
- Dizziness
- Nausea
- Confusion
- Depression
- Stress
- Chronic obstructive pulmonary disease (COPD)
- Asthma attacks
- Strokes
- Heart attacks
- Heart disease
- Hypothermia
- Frostbite
- Muscle cramps
- Poor blood circulation
- Cold, clammy skin
If your loved one is harmed because of cold conditions, request copies of their medical records using HIPAA Form 960. They can also make the request themselves.
New York nursing homes must deliver medical records upon request to qualified persons, including the resident, a guardian, a legal representative, or someone with a valid Power of Attorney. Our attorneys can help you and your loved one secure a copy of their medical records.
Step 4: File a Report with State Regulators
If the nursing home does not promptly address the heating deficiency, file a formal complaint with the New York State Department of Health, Division of Nursing Home and ICF/IID Surveillance. To file a complaint, call the Nursing Home Complaint Hotline, submit it online, or send a Nursing Home Complaint Form by email, fax, or mail.
- Address:
NYSDOH DRS/SNHCP
MAILSTOP: CA/LTC
EMPIRE STATE PLAZA
ALBANY, NEW YORK 12237
- Phone: (888) 201-456
- Fax: (518) 408-1157
- E-mail: nhintake@health.ny.gov
Submitting your complaint using the form allows you to include photos and other evidence. When completing the form, answer every question and be specific. Include everything you observed and information about the nursing home administration’s response.
The Centralized Intake Unit will review your complaint. If you include your contact information, they will send a letter acknowledging receipt and explaining how your complaint will be handled.
The Department has the authority to impose fines and must report findings to Medicare, which may impose additional fines and sanctions.
Step 5: Contact an Attorney for Legal Action
If your loved one was harmed in a nursing home because of poor heating, our top-rated New York personal injury attorneys can advise you of your legal options, help you protect your loved one, and hold the nursing home accountable through a personal injury lawsuit. When appropriate, they can also be fined, have their license suspended, or face criminal charges.
You and your loved one may be entitled to substantial compensation through a personal injury lawsuit. Among other things, you may be able to recover damages for:
- Medical expenses
- Physical pain and suffering
- Emotional distress
- Loss of bodily functions
- Loss of enjoyment of life
- Relocation expenses
In case of serious misbehavior, the nursing home may also be liable for punitive damages, which can be significant. If your loved one passed away due to the harm they suffered, we can also help you seek justice, accountability, and compensation through a wrongful death lawsuit.
Contact Our Experienced Attorneys for Nursing Home Negligence Help
Our attorneys treat every client with the dignity and respect they deserve and are dedicated to delivering top-tier legal representation. You can count on our compassionate advocates to provide open, honest communication and fully personalized legal guidance with unwavering integrity.
Over the years, we have recovered over $175 million in case results for injured clients. If your loved one was harmed in an improperly heated nursing home, contact us online or call (716) 500-5678 today to schedule a free consultation.
