Smithtown Nursing Home Abuse Lawyers

Nursing homes in the Town of Smithtown

Eight Medicare- and Medicaid-certified nursing homes operate in the Town of Smithtown, with 2,187 certified beds: Gurwin Jewish Nursing and Rehabilitation Center in Commack, St. Johnland Nursing Center in Kings Park, The Hamlet Rehabilitation and Healthcare Center at Nesconset in Nesconset, Brookside Multicare Nursing Center, Smithtown Center for Rehabilitation & Nursing Care and St. Catherine of Siena Nursing and Rehabilitation Care Center in Smithtown and Luxor Nursing & Rehabilitation at Mills Pond and St. James Rehabilitation & Healthcare Center in St. James.

Four hold a five-star overall rating; one holds one star (St. Johnland Nursing Center). Three were fined by CMS in roughly the last three years, for a combined $138,923. The average long-stay pressure-ulcer rate across the eight homes reporting one is 4.9 percent, against a New York average of 6.5 percent and a national average of 4.5 percent. St. Johnland Nursing Center carries the CMS abuse icon.

What recent inspections found

Federal inspection reports are public. The most serious findings at homes in the town since 2023 — citations where inspectors found actual harm to a resident or immediate jeopardy to resident health or safety — include:

• St. Catherine of Siena Nursing and Rehabilitation Care Center: in March 2024, an actual-harm citation (G) for the federal rule on freedom from abuse and neglect (F600).
• St. Johnland Nursing Center: in March 2025, a citation at the immediate-jeopardy level (K) for the federal rule on freedom from abuse and neglect (F600); in May 2023, an actual-harm citation (G) for failing to keep residents free of accident hazards and to provide adequate supervision (F689).
• The Hamlet Rehabilitation and Healthcare Center at Nesconset: in April 2024, an actual-harm citation (G) for the federal rule on freedom from abuse and neglect (F600).

A citation does not mean that your family member was harmed, and a clean record does not mean that they were not. What matters is the chart: the care plan, the turning and repositioning records, the skin assessments, the staffing for the shifts in question and what the home told you.

Bedsores and pressure injuries

A pressure injury that reaches Stage 3 or 4 often means the resident was left in one position too long, was not kept clean and dry, or was not eating and drinking enough, and that no one acted when the skin first changed. Federal rules require a home to prevent pressure ulcers unless they are clinically unavoidable and to treat them when they occur (42 C.F.R. § 483.25(b)). New York’s Public Health Law § 2801-d gives residents a direct right to sue when a home violates those rights.

Our free Family Guide to Bedsores explains each stage, how wounds are treated and what the home must document.

Smithtown cases: court, deadlines and reporting

Cases from the Town of Smithtown are filed in Supreme Court, Suffolk County, in Riverhead or Central Islip. When a resident has died, the estate is opened in Suffolk County Surrogate’s Court, 320 Center Drive, Riverhead; only the appointed administrator or executor can bring the wrongful death and survival claims, and we handle the limited letters of administration as part of the case.

Our main office is at 44 Elm Street in Huntington. We meet families at home, at the bedside or at the office.

• Public Health Law § 2801-d and negligence claims: generally three years from the injury (CPLR 214).
• Claims framed as medical malpractice: generally two years and six months (CPLR 214-a).
• Wrongful death: two years from the date of death (EPTL 5-4.1).

To report a problem: call 911 in an emergency; file a complaint with the New York State Department of Health, Centralized Complaint Intake, 1-888-201-4563; and contact the New York State Long Term Care Ombudsman Program (ltcombudsman.ny.gov).