New York Nursing Home Abuse Lawyer Blog

Four additional employees at a Long Island, NY nursing home, Medford Multicare Center, have been arrested and charged with endangering the welfare of a patient and falsifying business records in order to conceal neglect. Two of the arrests were made as part of the New York State Attorney General's ongoing use of hidden cameras.

Attorney General Cuomo stated, "Today's arrests highlight this office's ongoing effort to investigate and prosecute individuals who shamelessly mistreat Long Island's most vulnerable patients. My office will continue to use innovative techniques, including surveillance cameras, to expose and bring to justice anyone jeopardizing those who cannot care for themselves. Let me be clear that this is an ongoing, expanding investigation and the charges brought today underscore my commitment to protect elderly patients at nursing homes across the state."

LPN Janet Coleman, 49, of Moriches, New York, allegedly, among other instances of neglect, allegedly falsified medical records to conceal the fact that she failed to provide treatment to a resident's gastrostomy tube site. CNA, Marie Pierre, 35, of Elmont, New York, allegedly failed to perform Range of Motion exercises on a resident to prevent his muscles from contracting; failed to turn and position a resident to prevent skin breakdown and pressure ulcers (bedsores, decubitis ulcers); and failed to change a resident every two hours.

Another CNA, Paulette George, allegedly failed to bathe a resident for weeks and falsified records to indicate that the resident had been showered. LPN Kim Purdum, 36, of South Beach, New York, allegedly falsified a resident's chart to conceal that she had not performed necessary blood tests to monitor dosage of Coumadin, a blood thinning medication. The lack of this routine testing and monitoring resulted in the resident suffering internal bleeding and extensive external bruising.

Website Resources:

New York State Attorney General, Cuomo's Hidden-Camera Investigation Nets More Employees of Medford Multicare Center for Endangering Patients and Falsifying Records to Conceal Neglect, October 30, 2009.

Continue reading "NY Elder Abuse: Attorney General Uses Hidden Cameras To Bring Charges Against Four Long Island (NY) Nursing Home Employees" »

Medford Multicare Center For Living, a Suffolk County, Long Island, NY nursing home must pay a $35,300 civil penalty due to neglect of a resident that was caught on videotape.

Two certified nurses' aides (C.N.A.'s) at the nursing home transferred a 94 year-old resident from her bed to a wheelchair without using a hoyer lift as called for in the resident's care plan. The resident complained of pain and two days later an x-ray confirmed that she had a fractured femur. Both employees provided false written accounts of the incident to the facility.

Website Resources:

Long-Term Care Community Coalition, Enforcement Actions

Continue reading "Suffolk County (NY) Nursing Home Fined For Cover-up And Falsification Of Records After Resident Breaks Hip" »

A nursing home neglect and wrongful death case involving the development of a Stage IV bedsore (pressure sore, decubitis ulcer) has been postponed by an Oregon court until 2010. The plaintiffs in the lawsuit claim that during a 49 day admission to Evergreen Milton Freewater Health & Rehabilitation Center, Alice Train, a 90 year-old diabetic, lost the ability to walk, suffered significant weight loss, developed a severe pressure ulcer and contracted pneumonia.

Barbara Dickinson, Ms. Train's daughter, reportedly "found her mother sitting in a wheelchair soaked in her own urine." On a later date, while changing her mother's diaper, she found a wound under a dressing on her tailbone. When she removed the dressing she "discovered a wound that contained necrotic (dead) tissue and exuded a putrid odor."

Defense attorneys for Milton-Freewater requested additional time to prepare their defense.

Website Resources:
Family seeks $7.5 million in wrongful death lawsuit, East Oregonian, Phil Wright, November 17, 2009.

Continue reading "Bedsore (Pressure Sore, Decubitis Ulcer) Trial Postponed" »

Sepsis can be the result of a bedsore (pressure sore, decubitis ulcer) that is allowed to develop and progress. Sepsis occurs when bacteria enters the bloodstream through the broken skin and spreads throughout the body. Not surprisingly, then, nursing home residents with pressure sores are at risk for developing an infection, and ultimately sepsis if left untreated. Sepsis is a life-threatening condition that can lead to septic shock, a sometimes fatal drop in blood pressure and/or organ failure.

In order for sepsis to be treated effectively, immediate intervention is necessary. IV antibiotics, vasopressors and/or corticosteroids are the routine options for treatment. Unfortunately, in many cases we have seen, by the time sepsis is diagnosed after a transfer from a nursing home to a hospital, no intervention implemented by hospital physicians and staff can prevent the patient's untimely death.

Website Reources:

Sepsis - Mayoclinic

Bedsores (pressure sores): Complications - Mayoclinic

Continue reading "Sepsis And Its Relationship To Bedsores (Pressure Sores)" »

The family of an 87 year-old Orange County, NY nursing home resident recently settled a case involving allegations of dehydration, malnutrition and the development of multiple bedsores (pressure sores, decubitis ulcers) for $525,000. The plaintiff was reportedly admitted to St. Teresa's Nursing Home in Middletown, NY with a history of dementia, heart failure and hypothyroidism.

The Estate claimed that the nursing home failed to provide the decedent with appropriate hydration and nutrition over a three month period, which resulted in the development of three Stage IV bedsores (pressure sore, decubitis ulcers). The bedsores became infected and the plaintiff died from sepsis. A lawsuit was filed claiming gross negligence, medical malpractice, and violations of the New York State Public Health Law Section 2801-d.

Continue reading "Bedsore Lawsuit Against Orange County (NY) Nursing Home Settles For $525,000" »

The Centers for Medicare and Medicaid Services have given East Haven Nursing & Rehabilitation Center in the Bronx, NY its lowest rating (one out of five stars) due to below average findings in three categories: 1) health inspections, 2) nursing home staffing and 3) quality measures. Based on a June 15, 2009 survey, the Bronx facility was found to have failed to provide each resident with the highest quality of life possible, failed to provide professional services in accordance with each resident's written care plan, and failed to meet a professional standard of quality.

More specifically, the Bronx facility failed to monitor resident's bowel status to prevent fecal impaction, which resulted in actual harm to the resident.

Continue reading "East Haven Nursing Home In Bronx (NYC) Receives Lowest Rating From CMS" »

According to a 2008 poll conducted by the American Nurses Association, 73% of nurses polled do not believe the staffing on their unit or shift is sufficient. Over 10,000 nurses nationwide were surveyed. The survey also found the following:

• 59.8% of the nurses polled knew of someone who left direct care nursing due to concerns about safe staffing;
• Of the 51.9% of nurses polled who are considering leaving their current position, 46% cite inadequate staffing as the reason;
• 51.7% of the nurses polled opined that the quality of nursing care on their unit has declined in the last year; and
• 48.2% of the nurses polled would not feel confident having someone close to them receiving care in the facility where they work.

ANA President Rebecca M. Patton, MSN, RN, explained in a recent press release, "Safe nurse staffing has been linked to more positive patient outcomes, decreased length of
hospital stay, and decreased number of medical errors and patient falls. It has also been shown to improve nurse satisfaction and decrease burnout, both significant factors contributing to nurses leaving the profession."

The New York Elder Abuse Attorneys at Gallivan & Gallivan have successfully represented many victims of abuse and neglect whose main complaint about their nursing home or hospital was understaffing. We have seen first-hand, that short-staffing can result in falls/fractures, bedsores (pressure sores, pressure ulcers, decubitus ulcers), malnutrition and dehydration, and or abuse.

If you or a loved one is being neglected due to a facility's decision not to hire an appropriate number of nurses and/or nurse's aides, please contact us for a free consultation.