New York Nursing Home Abuse Lawyer Blog

A New York (NYC) jury recently returned a verdict in favor of a 51 year-old nursing home resident at Manhattan's Terence Cardinal Cooke Health Care Center. The jury found the New York nursing home facility liable for a fall at the facility that resulted in a fractured hip and open reduction internal fixation surgery.

The suit was filed on behalf of John O'Dea who died in March 2007, approximately nine months after the fall that resulted in his hip fracture. A wrongful death claim was dismissed before the case reached the jury. O'Dea's widow claimed that the New York nursing home never revised her husband's care plan despite his having fallen five times prior to the fall that caused the fracture. Counsel for the nursing home claimed that all necessary preventative measures were put in place. The jury agreed with the plaintiff and awarded damages totalling $275,000. However, prior to the trial the parties agreed to a high/low agreement of $140,000/$75,000. Accordingly, the plaintiffs will receive $140,000.

Nicole Campo, a former Licensed Practical Nurse at Medford Multicare Center in Medford, New York was recently charged criminally for neglecting an elderly resident and falsifying medical records. More specifically, LPN Campo reportedly ignored the repeated call bell of an 82 year old resident. As a result, the resident urinated in her bed and became so frustrated that she got herself into her wheelchair and wheeled herself to the nurse's station, where Campo was standing. Campo blamed a young CNA for the failure to respond to the call bell, and drafted a false statement to the facility during it investigation into the incident. The C.N.A. was subsequently fired. However, the nursing home's security cameras confirmed the resident's version of events and revealed Campo's statement to be false.

As a result of the criminal charges, Campo was sentenced to three years probation with
special conditions that she refrain from employment caring for any incompetent
person (age, physical disability, or mental disease or defect) and required completion of a state-approved substance abuse program.

Website Resource:

Long-Term-Care Community Coalition Report, 3/16/10-6/15/10.

Robert Gunderson, a Certified Nurse Aide at Northwoods Rehabiliation Center, a nursing home in Troy, New York, was recently sentenced after being charging with sexually abusing an elderly resident. Mr. Gunderson reportedly fondled the breasts and vagina of a 78 year old woman who was physically helpless.

In March 2010, Mr. Gunderson was sentenced to 10 year's probation and ordered to register as a level 2 Sex Offender. In addition, an Order of Protection was issued. Level 2 Sex Offenders must register with the Division of Criminal Justice Services, and reregister every three years by filing a new form, appear at the law enforcement agency where he lives, as well as report changes in address and employment.

Website Resource:

Long-Term-Care Community Coalition Report, 3/16/10-6/15/10.

Recently Elant at Newburgh, a New York nursing home facility, was cited for failing to identify and prevent the development of pressure ulcers (bedsore, decubitis ulcers) for those residents determined to be "at risk", and failing to provide the necessary care and treatment for residents with pressure ulcers. Specifically, the facility failed to complete skin assessments and identify and treat open skin areas and pressure ulcers for ten residents out of a total sample of thirteen residents. This type of failure is indicative of a systemic failure on behalf of the facility operators and administration,

Under the New York (10 NYCRR §415.12(c)(1) and (c)(2)) and federal (42 CFR §483.25(c)(1) and (2)) law, nursing homes must ensure that based on the comprehensive assessment of a resident:

1) A resident who enters the facility without pressure sores does not develop pressure sores unless the individual's clinical condition demonstrates that they were unavoidable (despite every reasonable effort to prevent them);

2) A resident having pressure sores received necessary treatment and services to promote healing, prevent infection and prevent new sores from developing.

Website Resources:

Elant at Newburgh, September 2, 2009 Department of Health and Human Services and CMS Survey.

Long-Term-Care Community Coalition Enforcement Report, 12/1/09-2/28/10.

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Two employees at Suffolk County, NY nursing home, San Simeon by the Sound Greenport Finley, Donald, were recently sentenced after being charged criminally for abusing and/or neglecting residents. Licensed Practical Nurse, Donald Finley, reportedly failed to administer a medication to one resident, failed to change a bandage for another resident, and failed to perform a blood sugar test for a third resident. Most concerning, Nurse Finley also falsely documented that he did perform the treatments. Nurse Finley was recently sentenced to three years probation supervision with the conditions of probation that he surrender his LPN license and not work in the health care field in any capacity during the three year probation term. He must also submit to psychiatric, drug and alcohol treatment as a condition of probation.

Donna Naeem, a Certified Nurse Aide at San Simeon by the Sound, reportedly punched an 86-year old resident in the head. As a result, she was forced to surrender her CNA certificate, or not renew it, and not seek employment in the health care industry in any capacity.

Website Resource:

Long-Term-Care Community Coalition, 12/16/09 - 3/15/10 Enforcement Report.

A Certified Nurse Aide, Dawn Andrews, was recently sentenced to three years probation and 200 hours of community service for neglecting a New York nursing home resident in in a Clinton County facility. CNA Andrews reportedly left a resident with dementia
alone during toileting in violation of the care plan posted on the resident's door. The
resident fell to the floor and suffered a fractured hip.

This is a common fact pattern in many nursing home neglect cases that involve falls result in fractures. In numerous cases our office has handled, residents have either been left unattended while being toileted or simply ignored and left to attempt to walk from their bed to the bathroom on their own despite being at "high risk" for falls. In many instances the problem stems from understaffing on the part of the operators of the nursing home, and is often not the individual employee's fault. In those scenarios, there are simply not enough employees to ensure the safety of the nursing home residents.

Website Resource:

Long-Term-Care Community Coalition, 12/16/09 - 3/15/10 Enforcement Report.