January 2010 Archives

January 29, 2010

New York Nursing Home Abuse Attorney Report: Two NY Nurses Arrested After Failing to Seek Medical Attention For Injured Resident

Two Essex county, NY nurses have been arrested for causing severe trauma to a quadriplegic patient during a catheter change and failing to perform or seek medical treatment for hours. Anne Marcotte, a 49 year-old Licensed Practical Nurse, and Billi Jo O'Donnell, a 38 year-old Registered Nurse, are charged with reckless endangerment in the second degree, endangering the welfare of an incompetent or physically disabled person, and willful violation of health laws, all misdemeanors.

The alleged incident occurred at Horace Nye Nursing Home in Elizabethtown in November of 2008 when Marcotte negligently performed a catheter change. Although the change caused the resident to bleed profusely, Marcotte did not seek medical attention for the resident for over 6 hours. In addition, O'Donnell failed to assist despite being aware of the injury. The bleeding continued for two weeks and the resident had to hospitalized twice over a two week period. While hospitalized, the resident expelled numerous blood clots and lost a substantial amount of blood causing physicians to order two blood transfusions and antibiotics.

Attorney General Cuomo stated, "A care-dependent quadriplegic patient suffered immensely because the nursing staff allegedly botched a routine procedure and then failed to provide or seek adequate medical care for hours. Protecting vulnerable New Yorkers and combating patient abuse will continue to be a major priority for this office."

Website Resource:

ATTORNEY GENERAL CUOMO ANNOUNCES ARREST OF TWO ESSEX COUNTY NURSES FOR PATIENT ABUSE, Office of the New York State Attorney General - Media Center, January 15, 2010.

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January 7, 2010

NYC Nursing Home Abuse Lawyer Report: $19 Million Verdict After Brooklyn Nursing Home Allows 20 Bedsores to Develop And Falsifies Records

A Kings (Brooklyn) County jury recently returned a $19 million verdict in favor of the family of 76 year-old nursing home resident, John Danzy, who developed more than 20 bedsores (pressure sores/decubiti) at Brooklyn-Queens Nursing Home. The award included $3.75 million for pain and suffering and $15 million in punitive damages. Mr. Danzy died from sepsis the source of which was the infected bedsores.

At trial, it became apparent that staff members at Brooklyn-Queens Nursing Home had falsified records in Mr. Danzy's medical chart in attempt to cover-up the neglect. In addition, the nursing home staff reportedly failed to turn and position Mr. Danzy at appropriate intervals (the standard is that those "at risk" to develop bedsores should be turned and positioned at least every 2 hours).

The jury deliberated for two days after the four week trial before returning the verdict. The verdict is reportedly the first in New York to assess punitive damages against a nursing home.

Website Resources:

Senior-home hell, NY Post, Alex Ginsberg, December 28, 2009.

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