New York Nursing Home Abuse Lawyer Blog

Waterview Nursing Home in Queens, New York has been fined $30,582.50 stemming from findings of a September 25, 2008 inspection conducted by state and federal surveyors. The survey findings indicate that the facility failed to supervise resident smokers. The facility also failed to reevaluate the resident smokers in order to determine whether they had the ability to smoke in a safe manner.

The facility was cited for violating 42 CFR §483.25(h), which requires nursing home facilities to ensure that the resident environment remains as free of accident hazards as is possible; and each resident receives adequate supervision and assistance devices to prevent accidents.

The surveyors found that 20 of the 21 residents sampled were not properly supervised by nursing home staff. Many residents had burn holes in their clothing and additional residents were witnessed dropping ashes on the floor near paper products. As a result, the facility was cited for providing substandard care and placing the residents (not to mention other building occupants) in immediate danger.

A Westchester County, NY nursing home, Nathan Miller Center for Nursing Care, received a fine from the federal government in the amount of $45,565.00 as a result of findings in a November 24, 2008 inspection. The purpose of the call bell system is to alert staff members to respond to residents who require assistance and/or are experiencing a medical emergency. During the inspection, the surveyors found that the existing resident call bell systems on both the first and second floors were not functioning properly.

When they questioned different staff members, the surveyors received inconsistent responses regarding how long the problem had persisted. For example, a maintenance worker stated that the call bell system had been malfunctioning for a day or so, while a nurse's aide indicated that the call bell system had not been working for "over a month." In addition, the facility did not implement a contingency plan to compensate for the lack of a working call bell system.

The surveyors also interviewed residents of the facility. The residents indicated that they do not receive assistance when they use their respective call bells. One resident explained that he must "scream out for help" in order to get help. The surveyors cited the facility for placing its residents in "immediate jeopardy" for harm.

A malfunctioning call bell system could very easily cause residents to fall and/or suffer fractures. It is common for nursing home residents who are in need of the restroom to use the call bell for assistance. When no staff member responds, these residents who require assistance to walk are forced to try to get the bathroom on their own. The attorneys at Gallivan & Gallivan have successfully represented many residents who suffer falls under these circumstances. If you or a loved one has fallen in a nursing home, please contact us.

A former charge nurse at a Central New York nursing home, Maura Quinn, is alleged to have been involved in the abuse of an elderly resident. She has been formally charged with endangering the welfare of an incompetent or physically disabled person and willful violation of various health laws. All charges were filed following an investigation by the New York State Attorney General's Office.

It is alleged that during a shift in January of last year, a 93 year-old terminally ill patient with a history of colon cancer, chronic renal failure, hypertension, anemia, and pneumonia complained of pain persistently. The charge nurse was allegedly notified by other staff members, but she failed to assess the resident. After a shift change, the new charge nurse immediately contacted a physician. Pain medication was provided, however, the resident died later that evening.

Attorney General Cuomo commented, "This nurse's alleged actions are heart wrenching. Family members must trust medical professionals to act properly when caring for loved ones in their most vulnerable state. In this case, the nurse allegedly ignored not only her obligation to the patient and his family - but also the pleas of her fellow co-workers to help ease the patient's pain. Such conduct is not tolerated by this office, and we will continue to aggressively hold individuals who neglect and abuse their patients accountable."

Website Resources:

ATTORNEY GENERAL CUOMO CHARGES ONONDAGA COUNTY NURSE WITH NEGLECTING A TERMINALLY ILL CANCER PATIENT IN THE FINAL HOURS OF HIS LIFE, New York State Attorney General Media Center, September 16, 2009.

Bronx, NY: A lawsuit has been filed in Bronx County Supreme Court on behalf of Verda Henry, who allegedly developed a bedsore (pressure sore, decubitus ulcer) while a resident at Sutton Park Center For Nursing & Rehabilitation in New Rochelle, NY. Ms. Henry was reportedly admitted to Sutton Place for short-term rehabilitation after she fell and injured her arm. She had expected to return home within a month.

Patricia Henry, the resident's daughter, noticed the bedsore (pressure ulcer, decubitus ulcer) on her mother's tailbone (or sacrum) while she changed her mother's nightgown. Ms. Henry described the sore to Dorian Block at the Daily News by stating, "You could put your whole hand down in her back. You could see the bones and spinal cord. It was like raw meat. Mommy screamed until she couldn't scream no more."

As we have previously discussed on the New York Nursing Home Abuse Lawyer Blog, a bedsore is a wound that normally develops over a bony prominence (sacrum, heels, shoulder blades) caused by unrelieved pressure on the skin. These sores are preventable except in very limited circumstances where a patient's underlying condition causes the deterioration of the skin.

According to the resident's daughter, the Sutton Park facility was not adequately staffed. She explained, "There would be a nurse and she would run between floors and they had no time. Nobody checked on her. Nobody fed her. Every time we asked to take her home there was a reason we couldn't." Ms. Henry reportedly died after the sacral ulcer became infected.

The attorneys at Gallivan & Gallivan provide aggressive representation to individuals who develop bedsores in nursing homes, hospitals, or at home while under the supervision of nurses or nurse's aides. If you or a loved one has suffered or is suffering from the development of a painful pressure sore, please contact us.

A nursing home administrator at Kern Valley Hospital, Pamela Ott, has been charged with eight felony counts of elder abuse for allegedly authorizing the administration of high doses of psychotropic medications to residents in inappropriate circumstances. The court documents indicate that the medications were administered in order to keep the dementia and Alzheimer's patients sedated for the convenience of the nursing home staff.

Attorney General, Edmond G. Brown, Jr. explained, "As hospital administrator, Pamela Ott, was ultimately responsible for safeguarding the welfare of her patients. Instead, Ott abdicated her responsibility and allowed the staff of the Kern Valley Hospital to forcibly sedate patients who questioned their care."

These allegations follow charges previously filed by the California Attorney General against the former director of nursing, former pharmacist and former medical director at the same facility. The pharmacist allegedly filled the prescriptions for the psychotropic medications without orders from physicians. The administration of these medications reportedly resulted in the deaths of three residents, as well as other medical problems for additional residents.

Website Resources:

Criminal Charges Filed Against Former Nursing Home Admin., Bakersfield News, September 8, 2009.

An Orange County, NY nursing home, The Elant at Newburgh, received a citation for an incident that caused "actual harm" or placed residents in "immediate jeopardy." The details regarding the incident are not currently available, but the citation was confirmed by a statement released by the facility. Apparently the incident was investigated by state and federal regulators as part of the nursing home's yearly survey. The report is expected to be made public within the next 10 days. An "actual harm or immediate jeopardy" finding is the most severe citation nursing homes can receive.

A former employee who worked in management at the nursing home spoke to the Times-Herald Record on a condition of anonymity. He/she indicated that the citation resulted from decisions made by top management to allocate funds to acquire additional nursing homes that should have been allocated to hiring additional nurses and nurses's aides to ensure the facility was properly staffed. Unfortunately, this type of decision-making is not uncommon and is a clear demonstration of management putting "profits over people."

The New York Nursing Home Abuse Lawyer Blog will provide details regarding the incident once the survey report is made public.

Gallivan & Gallivan, Attorneys at Law, provides compassionate and aggressive representation for those who have been injured as a result of short-staffing at nursing homes. Please contact us if you or a loved one has suffered due to a nursing home's decision to put "profits over people."

Website Resources:

UPDATED: Elant at Newburgh cited for 'actual harm or immediate jeopardy', Times-Herald Record, Christian Livermore, September 3, 2009.

A lawsuit has been filed in Suffolk County, NY alleging that staff at South Oaks Hospital in Amityville, NY failed to properly monitor three of their patients, resulting in the deaths of all three. The lawsuit further alleges that the Hospital staff doctored patient records in order to cover-up the incidents.

For additional information regarding this case, please visit the link below.

Website Resources:

Dad files suit after son dies in Amityville drug rehab, Newsday, Ann Givens, September 2, 2009.

The Long-Term Care Community Coalition provided me with an updated list of nursing homes, including NY nursing homes, that have been identified as Special Focus Facilities (SFFs) by the Centers for Medicare and Medicaid Services (CMS). The Special Focus Facility program identifies facilities that have exhibited 1) a pattern of quality care problems, 2) more serious problems (harm or injury to residents) in comparison with other nursing homes, and/or 3) a larger quantity of deficiencies in comparison with other nursing homes. The SFF program then assists these facilities in trying to remedy their existing problems. If the facility fails to correct the problems, Medicare/Medicaid stop reimbursing them.

The SFF program divides the facilities into five categories:

1) Facilities recently added to SFF;
2) Facilities that have "improved" after being placed on the list;
3) Facilties that have "graduated" from the program (faciltiies graduate if they achieve "sustained significant improvement" over a 12 month period);
4) Facilities that have NOT improved despite participation in the program; and
5) Facilties terminated (no longer receiving Medicare/Medicaid reimbursements - as a practical matter, most of the facilties in this category have closed).

Mercy of Northern New York in Watertown, NY was recently named a Special Focus Facility, and two New York nursing homes, Central Park Rehabilitation & Nursing and Northwoods Rehabilitation at Hilltop, were found NOT to have improved after being identified as a problem facility.

Attorneys at Gallivan & Gallivan represent nursing home residents that have been neglected or abused. Nursing Home Neglect can include falls, pressure sores (Bedsores, decubiti), malnutrition and dehydration, choking incdents and/or weight loss.

Tom Baker is a professor of law and health sciences at the University of Pennsylvania School of Law and author of "The Medical Malpractice Myth". In an August 31, 2009 interview with Anne Underwood of the New York Times, Professor Baker explains, in understandable language, why tort reform would NOT reduce the costs of medical care.

He points out that three separate studies in the 1970s, 1980s, and 1990s, found that approximately 1 serious injury occurs out of every 100 hospitalization. The same study also found that only 4-7 percent of individuals harmed by medical malpractice pursue claims. Therefore, based on the available research, it is apparent that not enough people pursue medical malpractice claims, not too many. Professor Baker calls the notion that there are lots of frivolous medical malpractice lawsuits "ludicrous."

For the transcript of the entire interview, please click on the link below.

Website Resources:

Would Tort Reform Lower Costs?, New York Times, Anne Underwood, August 31, 2009.

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.