New York Nursing Home Abuse Lawyer Blog

New Rochelle, New York nursing home, Sutton Park Center For Nursing and Rehabilitation, was fined $32,630 based on findings from a June 18, 2009 NYS Department of Health survey, according to the Long-Term-Care Community Coalition's spring 2010 newsletter. According to the NYS surveyors, the nursing facility failed to provide necessary care and services that meet acceptable standards of clinical practice.

The facility failed to ensure staff members were knowledgeable of resident's advance directives and knowledgeable of the facility's cardiopulmonary resuscitation (CPR) procedure. The administration of the home failed to develop and implement effective policies and procedures for responding to emergent situations. Sutton Park reportedly had three different policies and procedures for CPR.

Additionally, the facility failed to ensure that adequate CPR trained staff were present on all shifts. More specifically, a staff member failed to provide CPR when a resident was found unresponsive and identified by the LPN with advance directives for resuscitation.

A lawsuit has been filed against a nursing home in Aurora, Ill., and one of its residents, Sylvester Graves, after he allegedly sexually assaulted a female resident. According to the lawsuit, Graves beat the woman severely and sexually assaulted her in his room at Fox River Pavilion nursing home.

The plaintiffs claim that Graves has been arrested multiple times and suffers from bipolar disorder and other mental issues. They further assert that the nursing home should have monitored him more closely or restricted his access to other residents. Finally, they contend that the home failed to provide additional security or failed to provide therapies that may have treated his anti-social behavior.

The injury resident, a dementia sufferer, appeared at the nurse's station after she was assaulted "in a bruised, battered and bloodied condition," according to the suit.

Graves is being held in Kane County Jail awaiting trial on eight counts of aggravated criminal sexual assault, criminal sexual assault and battery. He has served prison stints for burglary and retail theft convictions in Cook County, according to state records.

Website Resource:

Lawsuit over alleged nursing home sex assault, Chicago Tribune, Clifford Ward, March 30, 2010.

The Long-Term-Care Community Coalition's Spring 2010 report on nursing home enforcement actions was recently released. According to the report, the following New York nursing homes were sanctioned by the federal government for failing to comply with quality care requirements. The amount of the civil money penalties, as well as the date of the inspection that lead to the punishment are also listed below. We will discuss some of the specific incidents of nursing home neglect and abuse that resulted in the penalties in later posts.

Adirondack Medical Center-Mercy Tupperlake 10/1/09 $2,600

Central Park Rehabilitation and Nursing Center Syracuse 5/26/09 $3,750

Chase Memorial Nursing Home New Berlin 7/29/09 $7,450

Countryside Care Center Delhi 8/20/09 $28,695

Dumont Masonic Home New Rochelle 7/16/09 $6,500

Elant at Brandywine, Inc. Briarcliff Manor 9/2/09 $38,150

Franklin County Nursing Home Malone 6/26/09 $3,250

The Hamptons Center for Rehabilitation and Nursing Southampton 9/16/09 $6,500

Jewish Home and Hospital Bronx Division Bronx 6/23/09 $39,260

John J. Foley Skilled Nursing Facility Yaphank 5/6/09 $29,997.50

Loretto-Oswego Health and Rehabilitation Center Oswego 5/11/09 $19,110

Loretto Utica Residential Health Care Facility Utica 4/6/09 $3,575

NYS Veterans Home at St. Albans Queens 6/29/09 $50,175

Northwoods Rehabilitation and ECF-Hilltop Niskayuna 7/1/09 $46,800

Ontario County Health Facility Canandaigua 6/1/09 $4,550

Rosewood Heights Health Center Syracuse 5/6/09 $5,500

Sutton Park Center for Nursing and Rehabilitation New Rochelle 6/18/09 $32,630

TLC Health Network Lake Shore Hospital Nursing Facility Irving 7/22/09 $1,625

Wellsville Manor Care Center Wellsville 8/6/09 $4,550

Westmount Health Facility Queensbury 5/14/09 $31,297.50

A Philadelphia jury awarded $5 million in punitive damages to the widow of a man who died of bedsores (pressure sores, decubitis ulcers) in 2008. The damages are divided between Jeanes Hospital and a Wyncote nursing home. The lawsuit had accused both the hospital and the nursing home of failing to provide adequate care for Joe N. Blango, resulting in his bedsores and eventual death.

The jury also awarded $1 million in compensatory damages. Lawyers familiar with the case say they believe it may be the first time in Philadelphia that a nursing home case resulted in punitive damages.

Website Resource:

Unusual Damages Set In Phila. Bedsores Case, Philadelphia Enquirer, Christopher K. Hepp, March 18, 2010.