New York Nursing Home Abuse Lawyer Blog

Carolyn M. Wheeler, the former Recreational Leader at Somers Manor Nursing Home in New York, has been charged with endangering the welfare of a vulnerable elderly person in the second degree, a felony, as well as sexual abuse in the second degree, a misdemeanor. Ms. Wheeler allegedly touched the genitalia of a 60 year-old male resident who suffers from a mental defect. The incident was witnessed and reported by another Somers Manor employee.

As a result of the incident, Ms. Wheeler's position as Recreational Leader has been terminated. Authorities are investigating whether any other residents were abused by Ms. Wheeler.

The attorneys at Gallivan & Gallivan represent victims of sexual and/or physical abuse at the hands of nursing home employees. If you or a loved one has been victimized in a nursing home or assisted living facility, please contact us.

Website Resources:

Nursing home worker accused of sexually abusing patient, 60, Journal News, Hoa Nguyen, August 25, 2009.

Following an investigation by the New York State Attorney General, Shane Spooner, 33, a former nurse's aide at a New York Nursing Home, was charged with second-degree unlawful surveillance and first-degree dissemination of an unlawful surveillance image, both felonies.

Spooner apparently took a picture of a 49-year-old resident's genitals with his cell phone. The resident reportedly suffers from a traumatic brain injury. Thereafter, Spooner allegedly sent a text message with the photo to a female employee who advised her supervisor of the incident.

Attorney General, Andrew Cuomo, labeled Spooner's actions "a disgusting example of abuse within the walls of a New York nursing home." For a further discussion of the investigation please visit the Media page of the New York State Attorney General.

If you or a loved one has been the victim of abuse in a nursing home, please contact the attorneys at Gallivan & Gallivan.

Website Resources:

Man admits to taking sexual photo, Press Republican, Andrea VanValkenburg, August 20, 2009.

Lacy Reid, a 45 year-old assisted living employee residing in Nassau County, has been charged with Felony Reckless Endangerment for failing to come to the aid of his ailing mother. His mother allegedly fell in her kitchen on Tuesday night and remained on the floor until Thursday. Mr. Reid, who lives with his mother, stepped over her on his way to work Wednesday and Thursday.

When the authorities were finally called, officers found Mary Reid face down in the foyer by the front door. She was dehydrated and malnourished, and she suffered a heart attack while being transported to the Emergency Room.

Website Resources:

Cops: Freeport man left ill mother on floor for 2 days, Newsday, Zachary R. Dowdy, August 14, 2009.

This video developed by the American Association of Critical-Care Nurses and Envision Inc. provides an excellent, succinct explanation as to how and why pressure ulcers (pressure sores, bedsores, decubiti) develop and progress. In addition, the video stresses the importance of preventing the development of such sores through attentive nursing and medical care.

New York Public Health Law § 2801-d provides a private statutory cause of action for residents of nursing homes injured as a result of any deprivation of certain "resident's rights" that cause an injury. This private right of action is cumulative and separate from any other plausible causes of action, such as medical malpractice and/or negligence. In pertinent part, the statute provides:

"Any residential health care facility that deprives any patient of said facility of any right or benefit, as hereinafter defined, shall be liable to said patient for injuries suffered as a result of said deprivation...

For purposes of this section, a 'right or benefit' of a patient of a residential health care facility shall mean any right created or established for the well-being of the patient by the terms of any contract, by any state statute, code, rule or regulation or by any applicable federal statute, code, rule or regulation."

Numerous statutes, codes and rules and regulations have been established by New York and the federal government that create a "right or benefit" established for the "well-being" of nursing home residents as referenced in Section 2801-d, including New York Public Health Law Section 2803-c, New York Compilation of Codes, Rules & Regulations Section 415, and 42 CFR Section 483.

New York Public Health Law Section 2803-c outlines the "rights of patients" in New York nursing homes. Section 415 of the N.Y. Compilation of Codes, Rules & Regulations enacts a code of minimum standards for nursing homes requiring that staff provide care within accepted professional standards. 42 C.F.R. § 483.1 is a federal regulation that provides minimum standards for nursing homes addressing all aspects of nursing home resident care including quality of life, quality of care, nursing, physician, dietary and other necessary services.

In order to obtain damages under section 2801-d, plaintiffs must prove that the nursing home's deprivation of a "right or benefit" caused the injury claimed. Punitive damages and attorney's fees may also be awarded under the statute.

The attorneys at Gallivan & Gallivan concentrate on representing clients who have claims under the New York Public Health Law Section 2801-d. If you or a loved one has been the victim of abuse in a nursing home, developed pressure sores (bedsores, decubiti), fallen, or become dehydrated/malnourished as a result of a nursing home's neglect, please contact us.

Pierre Obas, a 72 year-old nursing assistant, was sentenced in a North Salem, New York Court for abusing a resident at Waterview Hills Rehabilitation and Nursing Home. Mr. Obas tied an 83 year-old resident to her wheelchair with a bed sheet and took a nap after depositing her in a lounge area. Apparently, Mr. Obas became upset that the resident had requested assistance numerous times throughout the course of the night so he decided to tie her up.

An order from a physician is required for restraints to be used in the nursing home setting, and no such order was in place. However, regardless of whether an order was in place, a sheet is never an appropriate manner in which to restrain a resident because it presents a risk for strangulation and/or falls.

As part of his sentence, Mr. Obas was required to surrender his certification to work as a nurse's aide for a period of one year.

Website Resources:

83-year-old patient restrained while aide took nap, LoHud.com, Candice Ferrette, August 11, 2009.

The Crossings, a New York nursing home, was fined $13,300 by the federal government as a result of an incident involving a choking resident. The resident was fed pancakes and sausages, both of which were cut into tiny pieces. Soon thereafter, a nurse's aide noticed the resident was not breathing and that the resident's lips had turned blue. However, the nurse's aide neglected to call a "code blue", call 911, and/or perform the Heimlich maneuver. A licensed practical nurse and a registered nurse who appeared on the scene a few moments later also failed to call 911 or a "code blue" immediately. As a result, the resident went into cardiac arrest and died at a nearby hospital.

The Crossings was cited for failing to appropriately train its employees regarding "code" situations, as well as providing care that did not meet minimum professional standards. If you or a loved one has been the victim of a choking incident that was not handled appropriately, please contact the New York Nursing Home Neglect Attorneys at Gallivan & Gallivan.

Website Resources:

Nursing home fined $13,300 - Agency says The Crossings didn't give proper care to choking resident who died, The Post-Standard, James T. Mulder, November 19, 2008.

A 90 year-old Catholic nun was tragically killed after an unsecured closet fell on her head while she was a resident at Summit Park Nursing Care Center, a Rockland County-run nursing home. Sister Mary suffered from dementia and heart disease. The freestanding wardrobe was not bolted to the wall appropriately. She was found unconscious and bleeding from her forehead. Sister Mary died soon after being transported to a nearby hospital.

It was apparently the third time a resident at the facility was injured in an accident involving one of these unsecured closets. Summit Park was fined approximately $17,000 by the Centers for Medicare and Medicaid as a result of the incident.

Website Resources:

Elderly Nun Dies In Nursing Home Closet Accident, CBS/AP, October 24, 2008.

A report by Democratic Senator from Westchester and the Bronx, Sen. Jeffrey Klein, indicates that there were approximately 34,000 incidents of elder abuse in New York State in 2008. 19,301 of the incidents were reported to Adult Protective Services and the New York State Office of Child and Family Services. Of the 19,301, 5,000 of the reported incidents occurred in New York City.

The estimate of 34,000 instances of abuse takes into account an estimated number of unreported events. For the purposes of the study, "elder abuse" included physical abuse, medication errors, pressure sores (bedsores, decubiti), falls and financial abuse.

Sen. Klein explained in a press release:

"This report makes clear that our seniors are at risk and need our help. For too long there has been no coherent system for measuring the frequency of elderly abuse. My bill would change that and make one agency responsible and accountable for this critical information. With so many baby boomers nearing retirement, we need to accurately identify the scope of this issue now, so we can develop more effective prevention, protection and treatment."

Gallivan & Gallivan, Attorneys at Law provides compassionate and aggressive representation to elder abuse victims. Please contact us if you or a loved one has been a victim of elder abuse.

Website Resources:

State Senator Finds 30,000 Elder Abuse Incidents, Epoch Times, Helena Zhu, August 3, 2009.