New York Nursing Home Abuse Lawyer Blog

A study performed by researchers from Weill Cornell Medical College in New York indicates that 7 percent of patients are not notified of abnormal medical test results. The researchers found that out of 1,889 patients with abnormal test results, 135 were not notified. The study was based on information gleaned from over 5000 patient medical records from 4 medical centers and 19 primary care physicians.

Even more disconcerting, when the numbers were analyzed further, they showed that 23 percent of abnormal test results were not reported at 2 of the large medical centers. Hospitals and physicians should have policies and procedures in place that specify how and when patients are notified of any abnormal test results.

The law firm of Gallivan & Gallivan represented a patient who was not provided with the appropriate test results by her primary care physician. This failure tragically lead to a delay in diagnosing colon cancer. If you have suffered as a result of the medical malpractice of a physician or other health care provider, please contact us.

Website Resources:

New York researchers reveal doctor's medical malpractice, Justice New Flash, June 29, 2009.

The New York Times' Derrick Henry reports that a study to be published in the Journal of the American Geriatrics Society indicates that 87% of fall injuries in the elderly involve the use of walkers, while 12 percent of fall injuries involve canes. Approximately 47,000 elderly patients suffer falls involving assistive devices that result in a visit to the emergency room each year. The physicians who conducted the study reviewed emergency department medical records from 66 hospitals over a five year period.

The authors of the study suggest that physicians take additional time to explain how to properly use walking aides. As epidemiologist, Judy A. Stevens explains, "It's important to make sure people use these devices safely. It gives them greater independence, but at the same time it can be a hazard if not used properly." The study also indicates that the designs of the devices (walkers and canes) could be improved.

The families of elder abuse victims are using social networking sites, Facebook, Twitter and Myspace, to gain support for reform in long-term care facilities. The group, which was founded by family member's personally affected by alleged abuse in a Minnesota nursing home, can be found by conducting a search for "Families Against Nursing Home Abuse" on any of these sites.

The group members describe themselves as being "committed to providing information and resources for the continuum of long-term care -- from successful aging, to aging in the home, to assisted living, to hospice care, as well as nursing home care." Those interested in becoming members of the group can join online, or call Jan Reshetar at 402-4749 or Myrna Sorensen at 383-6963.

Last week, a conference in Fairfield, Connecticut focused on the prevention of elder abuse, as well as identifying signs of neglect or abuse. The conference outlined many disturbing facts:

1) An end to elder abuse is not within sight. In fact, with the Baby Boomers in their 60s, it is apparent that the incidence of elder abuse will increase in the coming years.

2) It is estimated that elder abuse 2 - 10 percent of our elderly population fall victim to some form of elder abuse.

3) Research shows that only 1 in 14 cases of elder abuse or neglect are reported.

4) Connecticut's rate of reported elder abuse cases is three times the national median.

5) Based on a 2006 survey, approximately 640 cases of elder abuse were reported in Fairfield County alone. Approximately 330 of these cases were in the Greater Bridgeport area.

At the conference, the Center for Elder Abuse Prevention was recognized for helping "seniors attain the highest quality of life, to assist victims, and to reduce the prevalence of elder abuse."

Website Resources:

Connecticut leads nation in elder abuse cases, Westport News, Pat McCormack, June 19, 2009.

Dehydration, or inadequate hydration, is a serious problem facing nursing home residents. Dehydration means that an individual is losing more fluid than his or her body is taking in. Although it would seem that keeping a resident hydrated in a nursing home setting would be simple enough, it is one of the most common diagnoses when nursing home residents are discharged from a nursing home to a hospital.

Dehydration can occur if residents are on certain types of medication and/or if a resident has diarrhea. In addition, some nursing home residents become refuse to eat or drink. However, in these situations, it is incumbent upon the nursing home staff to be more vigilant in monitoring the resident's hydration. Unfortunately, dehydration is often the result of nursing home neglect and/or understaffing. Dehydration can lead to:

1) Infection;
2) Confusion;
3) Weakness;
4) Bedsores;
5) Pneumonia; and
6) Death.

Signs of dehydration include dry mouth, grey or ashen skin, confusion, dark or amber urine, low urine output, fever, delirium, and infection. We cannot stress enough how important it is for families of nursing home residents to be a constant presence where a loved one is a resident. By doing so, the family members can observe and react appropriately if signs or symptoms of neglect or abuse arise.

At Gallivan & Gallivan, we represent individuals who have suffered from dehydration or malnutrition as a result of nursing home neglect or abuse. If you or a loved one has been the victim of elder abuse or neglect, please contact us to discuss the matter further.

Website Resources:

Dehydration, Mayo Clinic, Mayo Clinic Staff.

Malnutrition & Dehydration in Nursing Homes, Nursing Home Abuse Resource Center.

Peter's Place, a 24 hour shelter dedicated specifically to serving the elderly, homeless population in New York City, will be closed according to a new plan proposed by the Department of Homeless Services. The plan is part of broader cuts in funding for shelters that specifically target certain sectors of the population (women, mentally ill, etc.).

Peter's Place opened its doors 16 years ago in the basement of St. Vincent DePaul Church on 23rd Street. Since then, the shelter has provided meals, clean clothes and showers to homeless elderly in New York City. Although Peter's Place does not provide beds to the seniors, its services are specifically geared towards assisting the elderly, particularly those suffering from mental or physical disabilities and illnesses.

The Senior Outrage Coalition protested the proposed change at a rally at City Hall on June 24, 2009. The Senior Outrage Coalition also plans to meet with the Mayor's office in order to discuss alternatives before June 30, 2009. Jim Fouratt, a candidate for Council Speaker stated, "Let's call elder abuse exactly what it is and where it is in this city. Elder abuse starts in the mayor's office, and elder abuse starts in the speaker of the City Council's office."

Website Resources:

Peter's Place outcry grows as closure looms, The Villager - Chelsea Now, Patrick Hedlund, June 25, 2009.

Based on a 2008 Department of Health and Human Services report, 94% of nursing homes nationwide were cited for deficiencies. The report also contains evidence that for profit facilities are more likely to receive such citations. For profit nursing homes were cited for an average of 7.6 deficiencies, while not-for-profits and government facilities were cited for less (not-for-profit = 5.7 and government = 6.3). Deficiencies that caused "actual harm or immediate jeopardy" were found at approximately 17% of the nursing facilities.

The citations included findings of preventable pressure sores (bedsores, decubiti), medication errors, falls, dehydration and malnutrition, as well as neglect and abuse. 37,150 complaints were lodged about the conditions in the nations nursing homes in 2007. 39 percent of the complaints were found to be substantiated.

At Gallivan & Gallivan, we are dedicated to putting an end to nursing home neglect and abuse. Please contact us if you or a loved one has been abused or neglected.

Website Resources:

Violations Reported at 94% of Nursing Homes, New York Times, Robert Pear, September 28, 2009.

A 76-year-old resident in a New Mexico nursing home was placed on a bed pan and left unattended for 24 hours. As a result of the staff's failure to remove the resident from the bedpan, it become lodged in the resident's skin. An open wound developed and became infected. The resident died from the infection 5 days later. The resident had been admitted to the facility for rehabilitation after her had suffered a broken hip. The incident occured on Christmas Day in 2005.

The owner of the facility has been found guilty of elder abuse and neglect. The facility faces up to a $5,000 fine and may be excluded from receiving reimbursement from Medicare/Medicaid.

Website Resource:

Nursing Home Owner Convicted in Bedpan Death, www.wiredprnews.com, February 22, 2009.

June 15, 2009 was the annual World Elder Abuse Day. The National Center on Elder Abuse, which we have discussed in prior posts, and other state and local agencies, are using the day to shed light on the societal problem of elder abuse. In attempt to do so, the NCEA has launched a "Join Us in the Fight Against Elder Abuse" campaign touted as "the first national effort to raise awareness of elder abuse, neglect, and exploitation."

Events are also to be scheduled throughout the world to increase the overall awareness of the population to the disturbing elder abuse trend. Individuals are asked to wear something purple to demonstrate a commitment to ending elder abuse and neglect.

Website Resources:

World Elder Abuse Awareness Day, Huliq News, June 16, 2009.

Unfortunately, elder abuse is often perpetrated by those individuals closest to the victim. As Saul Friedman of Newsday recounts in his June 18, 2009 article, an elderly woman on Long Island attempted to protect her assets from Medicaid by providing her daughter with a life estate to her home (the right to live in the house during the mother's lifetime). However, her son-in-law used this life estate to banish the woman to the basement. Without a familiarity of her own rights, the woman did not seek assistance of an attorney and lived out the rest of her life as a prisoner in her own home.

The article also cites a joint study conducted by Virginia Polytechnical Institute and Adult Protective Services. The results of the study indicate that the recession has increased the vulnerability of older people, many of whom fail to report the abuse. Family members and caregivers are the perpetrators of the abuse in 55 percent of the instances. The typical victim, the report said, "is between 70 and 89, white, female, frail and cognitively impaired. She is trusting of others and may be lonely or isolated."

Website Resources:

The elderly: financially exploited by families, Newsday, Saul Friedman, June 18, 2009.

Jean Frantz Louisme and Aniamma Alex Philip, both nurses at Rockland Psychiatric Center, were cited by the New York Board of Regents for falsifying medical records stemming from a November 27, 2007 incident. Nurse Louisme was advised by another staff member that a patient had not received Risperidone, a psychotropic medication, for approximately three weeks, as prescribed. Both nurses made entries in the patient's medical chart indicating that the prescribed medication had been administered over the time period in question.

Both nurses were placed on two years probation, fined $750, and admitted to acting with gross negligence. Nurse Philip made the following statement:

"[I] knowingly falsified the medication administration record of a patient so that it reflected the repeated administration of a medication when I knew it had not been administered."

Although it may be hard to believe, we see falsified and/or reconstructed medical records on a fairly regular basis. In fact, in two recent cases our firm handled, care was documented as being provided at nursing homes after the death of our clients. All of us at Gallivan & Gallivan are devoted to protecting the rights of the elderly. Please contact us if you or a loved one has been abused or neglected.

According to a Long-Term Care Community Coalition (LTCCC) report released this week, 16 New York nursing homes were fined by the federal government for failing to comply with quality care requirements. In addition, 10 New York nursing homes were fined by the state.

Adirondack Medical Center in Lake Placid received the most severe sanction, a $75,497.50 fine, stemming from August 8, 2008 survey results. The following New york facilities were also fined by the federal government:

The Baptist Home at Brookmeade, Rhinebeck, $13,780
Beechtree Care Center, Ithaca, $6,100
Blossom Health Care Center, Rochester, $6,825
Delaware Nursing & Rehabilitation Center Buffalo, $487.50
Folts Home, Herkimer, $10,000
Garden Gate Health Care Facility, Cheektowaga, $4,800
Glendale Home, Scotia, $20,800
Gold Crest Care Center, Bronx, $18,712.50
Mount Loretto Nursing Home, Amsterdam, $26,250
Northwoods Rehabilitation and Extended Care Facility-Cortland, $14,250
Northwoods Rehabilitation and Extended Care Facility-Hilltop, Niskayuna, $3,000
Oceanview Nursing and Rehabilitation Center, Far Rockaway, $4,875
Park Ridge Nursing Home, Rochester, $6,045
Wayne County Nursing Home Lyons, $5,200
Willoughby Rehabilitation and Health Care Center, Brooklyn, $44,687.50

As alluded to above, the following 10 NY nursing homes were fined New York State:

Daughters of Sarah Nursing Center, Albany, $2,000
Evergreen Commons, East Greenbush, $8,000
Evergreen Valley Nursing Home, Plattsburgh, $2,000
Highfield Gardens Care Center of Great Neck, Great Neck, $6,000
John J. Foley Skilled Nursing Facility, Yaphank, $4,000
Kateri Residence Manhattan, $4,000
Summit Park Nursing Care Center, Pomana, $12,000
Syracuse Home Association, Baldwinsville, $2,000
Terence Cardinal Cooke HCC, Manhattan, $6,000
Village Center for Care, Manhattan, $2,000

LTCCC publishes information regarding enforcement actions taken by the federal and state governments against nursing homes. The Coalition's goal is to improve care for the elderly and disabled. If you are interested in assisting the Coalition achieve its goals, please view its homepage and/or its sister website, Nursing Home 411.

Other Website Resources:

Lake Placid Nursing Home, Others Sanctioned, North County Gazette, June 15, 2009.

Three employees at Dosberg Manor, a Getzville, New York Assisted Living Facility, have been disciplined after a Department of Health investigation found that each employee noticed that a 93 year-old resident was missing, but failed to report it. The resident either fell or jumped to his death from the window in his second floor room at some point during the time-period in question. His whereabouts were not known for over an 11 hours. His body was found the next morning.

The Department of Health investigation found that an employee noticed that the resident's walker was found next to an open window, but failed to inquire into his whereabouts. The same employee then lied to investigators regarding the incident.

Investigators also found that two other employees were aware that the resident was missing, but did not notify facility administration or the proper authorities. Finally, adding insult to injury, there is documentation in the facility records indicating the resident was administered medications while he was missing (and most likely deceased at the time).

Website Resources:

Nursing home fatality leads to discipline for 3, The Buffalo News, Stephen T. Watson, May 20, 2009.

Based on a January 18, Department of Health inspection, Eastchester Rehabilitation Center in Bronx, New York was cited for failing to prevent abuse. An 88 year-old resident suffered from dementia and hypertension. She exhibited signs of an impaired memory and impaired decision-making, and had a history of wandering into other resident's rooms.

The Certified Nursing Assistant Accountability Records for the period at issue called for the resident to be monitored every half hour. However, no documentation of the half hour visual observation checks could be found in the nursing home chart. The nursing home's care plan also called for the resident to be re-directed if observed wandering. After multiple instances of wandering into other resident's rooms and one incident where the resident was struck by another resident, no new interventions were implemented by the nursing home staff.

A few months later, the resident was observed entering another resident's room and then physically thrown back out of the room. The 88 year-old resident suffered a fractured right forearm as a result. The resident was transferred to the hospital and returned with a cast from the right upper arm extending through the forearm. In addition, based on the inspection report, the resident was found twice subsequent to the fracture with unexplained ecchymosis and bruising to her left eye. However, again, no additional interventions were put in place by the nursing home to prevent further abuse.

The U.S. Administration on Aging - National Center on Elder Abuse ("NCEA") has developed a very useful website addressing elder abuse issues in the United States. The purpose of the NCEA is to prevent elder abuse through disseminating elder abuse information to professionals and the public. The NCEA also provides important training and assistance to state and local programs dedicated to protecting the elderly.

The website is replete with statistics and publications discussing the many issues surrounding the causes of elder abuse, and more importantly, how the abuse of our most vulnerable citizens can be prevented. The website is a great resource for family members researching the topic of elder abuse or family members looking for steps to take if a loved one has been the victim of abuse or neglect. We found the Frequently Asked Questions and Resources For Families sections of the website to be of particular value. In addition, the NCEA provides links to state agencies dedicated to preventing elder abuse and nelgect.

Two Orange County nursing homes have been fined for care (or lack therof) that resulted in the wrongful death of two residents. At Alamitos West, an 82 year-old resident died from dehydration after the nursing home failed to provide sufficient fluids. Investigators found that intake and output records were blank and/or illegible over the course of the resident's admission.

Staff at Huntington Valley Nursing Home failed to resuscitate a resident because they mistakenly believed that a Do Not Resuscitate order was on file. In fact, the resident's chart indicated that the family specifically requested that CPR be administered if necessary. By the time paramedics arrived, the resident had passed away.

As a result of these incidents, Alamitos West was fined $100,000 and Huntington Valley was fined $80,000.

Website Resources:

2 Orange County nursing homes fined for patient deaths, Los Angeles Times, Rong-Gong Lin II, June 11, 2009

According to a September 23, 2007 New York Times article by Charles Duhigg, private investment firms that have purchased nursing homes have decreased staffing and overall budgets placing a premium on profits while slighting the quality of care provided to residents. Privately owned nursing homes acquired before 2006 scored worse in 12 of 14 quality care indicators that regulators use to track ailments of long-term residents, the article indicates. Those ailments include bedsores (pressure sores, decubiti) and infections, as well as the use of restraints. Prior to being acquired by private investors, many of the same nursing homes had scored significantly higher based on the same criteria.

The article also notes that these private investment companies have created very complex corporate structures in attempt to shield the nursing homes from financial liability for any neglect or abuse suffered by residents. Analysis of Centers for Medicare and Medicaid Services data indicates that the number of registered nurses at privately owned nursing homes has decreased significantly from 2000-2006.

Website Resources:

At Many Homes, More Profit and Less Nursing, New York Times, Charles Duhigg, September 23, 2007.

Sarah Neuman Center for Health & Rehabilitation in Westchester County, New York, was cited in a January 18, 2008 inspection survey for failing to prevent pressure sores (bed sores, decubiti) from developing on a 73 year-old resident who entered the facility without any sores and was deemed at "moderate risk" for same. The facility did not implement proper and timely interventions to prevent the development of multiple pressure ulcers. Further, the surveyors found that Sarah Neuman failed to provide timely and appropriate treatment to the pressure sores in order to promote healing.

As a result, multiple pressure sores developed on the resident's feet and ankles and progressed to Stage IV. A Stage IV designation indicates that the wounds had worsened to the point where bone, muscle and/or tendons were visible. As we have discussed on this site numerous times, pressure sores, in almost all instances, are preventable with proper and timely implementation of the appropriate measures.

At Gallivan & Gallivan, we represent elderly individuals who have been the victims of substandard care or elder abuse. Please contact us if you or your family is in need of assistance.

Morris Park Nursing & Rehabilitation Center, a Bronx, New York Nursing Home, failed to keep the facility free from hazards and failed to properly supervise its residents, according to a June 10, 2008 Department of Health survey. The failures were found to place the Bronx nursing home's residents in immediate jeopardy.

Surveyors found that the call bell systems on 2 of the 5 floors were not functional. Call bells provide residents with the important opportunity to call for assistance when necessary. Without a response to a call bell, impaired residents often resort to attempting to perform tasks for which they would otherwise require assistance (eg. going to the bathroom). The surveyors also noted that potentially dangerous items were left within the reach of residents who were know to have cognitive deficits (residents known to wander). These residents has access to an unlocked electrical unit, as well as an unlocked janitor's closet.

In addition, 19% of residents considered at "high risk" for pressure sores (bed sores, decubiti) were determined to have pressure sores (national average = 12%) and 26% of "short-stay" residents had pressure sores (national average = 14%). Morris Park recieved 38 total deficiencies (state average = 24).

Attorneys at Gallivan & Gallivan are dedicated to protecting the rights of elderly New Yorkers. Please contact us if you or a loved one has been the victim of elder abuse or elder neglect.

The New York State Department of Health found that 24 % of "high risk" residents and 22% of "short stay" residents at Montgomery Nursing Home in Orange County, New York had bed sores (pressure sores, decubiti) for the reporting period of October to December 2008. The national average for "high risk"residents is 12% and the national average for "short stay" residents is 14%.

Residents who are bed-ridden, in a coma or unable to re-position on their own are deemed "high risk." The "short stay" measure indicates the percentage of residents recently admitted to the nursing home following a hospital stay who developed bed sores, or who acquired bed sores at home or a hospital that did not improve between their 5-day and 14-day assessments at the nursing home. Montgomery Nursing Home ranked last in Orange County, New York in these two categories.

In most instances, the development and progression of bed sores is preventable. Nursing homes must design and implement a plan of care in order to prevent and/or treat the bed sores. These care plans can include the use of pressure relieving devices (mattresses, donuts, heel protectors), frequent turning and positioning while in bed and out of bed, and proper nutrition and hydration methods.

The development of a bed sore is often a sign of elder abuse. Please contact Gallivan & Gallivan if you or a loved one is suffering from a bed sore in a nursing home or hospital.

Wesbite Resources:

New York State Department of Health, December 2008.

Ocean Promenade Nursing Center in Rockaway Park in Queens, New York was cited for failing to ensure that the residents' environment remained as free as possible from accident hazards. Failing to do so often results in preventable falls and other accidents. Under Federal and State law, nursing home facilities are required to make sure that the nursing home environment remains as free of accident hazards as is possible. Furthermore, each New York nursing home must provide adequate supervision and assistance devices to residents in order to prevent accidents. Unfortunately, this was not the first time the facility had received such a citation.

Based on the February 24, 2009 survey, motor vehicles blocked various emergency exit doors and construction materials were left out in the open. In addition, uneven tiles and other tripping hazards were present at the entrances to resident's rooms, resident's bathrooms, and resident day rooms.

Ocean Promenade also received poor scores for failing to have adequate staffing and employing staff members with a history of abuse or neglect.

Resort Home, a skilled nursing facility in Queens, New York was found to be the worst in Queens County at preventing and/or healing pressure sores (bedsores, decubiti) in residents at "high risk" for pressure sores. Federal and State investigators found that 35% of residents deemed as "high risk" for pressure sores, had developed pressure sores. The New York State average is 13%.

In a specific instance detailed in the December 15, 2008 inspection, the dietician at the Queens nursing home failed to properly address a resident's nutritional needs once a pressure sore had developed. There was no documented evidence that the resident's nutritional needs were assessed in order to address the deterioration of the pressure ulcer. As a result, the pressure sore progressed from Stage II to Stage IV in a matter of days.

In the same investigation, it was determined that a nurse's aid attempted to transfer a resident on her own as opposed to transferring the resident with the assistance of another aid (when the care plan specifically called for a two-person transfer), resulting in a fall.

Michael Malotz Skilled Nursing Pavillion, a nursing home in Yonkers, New York was cited by State and Federal surveyors in a January 28, 2008 survey for failing to prevent and heal pressure sores (bedsores, decubiti) suffered by its residents. Surveyors found that 27% of residents at "high risk" for pressure sores had developed such a sore, in comparison with the New York state average of 13% (more than double the state average).

More specifically, an 81 year-old female resident was found to have developed a Stage III pressure sore on her sacrum after entering the facility with her skin intact. Although the December comprehensive care plan noted that the resident should be placed on a turning and positioning program, a review of the CNA Assignment/Accountability Record (CNA/AR) revealed no instruction to the CNA's to turn and position the resident. It was not until after the development of the pressure sore that the CNA/AR for January 2008 revealed that the
resident was placed on a turning and positioning program. For a more detailed account of the incident, please see the CMS inspection findings.

At Gallivan & Gallivan, we represent nursing home residents who have suffered from the development and progression of pressure sores. Please contact us if you or your loved one has developed such a sore.

Three nursing homes in Brooklyn, New York, were fined for placing their respective residents in jeopardy. Wartburg Nursing Home in Brooklyn was fined $10,400 by State and Federal inspectors for failing to administer care "in a way that leads to the highest possible level of well-being for each resident." Since then, the facility has laid off more than 50 staff members. Residents indicate that the care since the layoff has been even worse.

Norwegian Christian Home & Health Center in Dyker Heights was fined $3,575 for failing to keep the home free of dangers and ensure a high quality of life for residents. Schulman & Schachne Institute for Nursing & Rehabilitation in Brownsville, New York was fined $4000.00 stemming from an incident involving a resident smoking cigarettes.

For more information, please read the article below.

Website Resources:

Three Brooklyn nursing homes slapped with fines for conditions dangerous to patients, New York daily News, Erin Durkin, March 11, 2009.

The family of an 89 year-old nursing home resident has filed a lawsuit accusing an Illnois nursing home of failing to provide adequate supervision of their mother, resulting in her untimely death.

The resident was found outside of the nursing home facility in a nightgown. She was wearing an ankle bracelet that should have triggered an alarm when she went through an exit door. She froze to death in the facility's courtyard. The resident suffered from dementia and the family indicated that she was so weak that she could not even get dressed on her own.

Residents with dementia require a higher level of supervision. Care plans should be implemented by the nursing home to ensure that residents with dementia are monitored regularly and that appropriate safeguards are utilized. At Gallivan & Gallivan, we are committed to protecting the rights of the elderly, our most vulnerable citizens. If you or a loved one was the victim of the neglect of a New York nursing home, please contact us for a free consultation.

Website Resources:

Family sues Itasca nursing home over cold-related death of woman, 89, Chicago Tribune, Robert Mitchum, February 12, 2009.

Norwegian Christian Home and Health Center, a nursing home in Brooklyn, NY, was cited for failing to ensure that residents received adequate supervision. Based on an inspection by the Department of Health on August 6, 2008, a 93 year-old male resident eloped (wandered) from the facility undetected through a door that failed to alarm and staff were unaware the resident was missing.

Although the nursing home's care plan called for providing ID bands/pictures at security
post, 15 minute visual checks and the use of a wander guard on the resident's left ankle, the resident went missing at approximately 10:30 am. Fortunately, at approximately 1:00 pm, the resident was found sitting on a stoop in the neighborhood and was taken to the hospital. The resident resident was not wearing his ID bracelet and had not been observed by the nursing staff since 9:30 am (despite the need for 15 minute checks).

As a result of this incident, the Department of Health found that:

A. The facility failed to ensure that front desk personnel and security officers responsible for
monitoring the door access system were trained regarding the purpose, function and operation of the system; and
B. The facility failed to implement policies and procedures to ensure that facility staff provide supervision to residents who were identified as being at risk for elopement.

Luckily, the resident was not injured. However, the facility received the most serious type of citation (Immediate Jeopardy) due to the potential severity of injury to the resident.

The attorneys at Gallivan & Gallivan have handled matters where the elopement of a nursing home resident has resulted in serious injuries. Please contact us if you or a loved one has been injured due to a nursing home's failure to provide adequate supervision to its residents.