New York Nursing Home Abuse Lawyer Blog

Northern Riverview Health Care Center in Haverstraw, NY was cited in a Department of Health Deficiency Survey dated May 11, 2011. The DOH cited the facility for numerous violations, including failing to ensure that the facility was free of accident hazards, and failure to develop and implement written policies and procedures that prohibit mistreatment and/or neglect.

The Statement of Deficiencies documented incidents involving falls of five residents, with the falls resulting in actual harm to each. In one such incident, a resident was admitted with diagnoses including dementia and ataxia (unsteady gait). The care plan in place for this resident stated that an alarm was to be in use on his wheelchair at all times when the resident was out of bed. Despite this, the resident was discovered on the floor on the evening of February 20th, and it was discovered that an monitoring device was not in place, contrary to care plan specifications. Subsequent to the fall, the facility did not conduct a complete investigation. Additionally, no new interventions were put in place to prevent a repeat incident. As a result, the resident suffered another fall on April 20th while in the dining room, after which the assistant director of nursing stated that, again, a wheelchair monitor was not in place.

Nursing home facilities must ensure that residents receive proper supervision and assistive devices to prevent accidents. Such steps clearly were not taken in the case of this resident. After the initial fall, the facility should have ensured, at the very least, that the original care plan was followed. Despite the actual notice provided of his risk for falls after the first incident, no steps were taken to prevent additional accidents.

As stated above, the facility was also cited for failure to prevent abuse or neglect. This failure was evident for six residents out of a sample of 17. Among the indignities suffered by these residents were: corporal punishment that went without investigation (slaps about the face and head administered by the resident's son; a bruise of unknown origin to a resident's hip (this too was not investigated); and failure to implement proper alarm interventions for a resident known to be a fall risk.

A facility implements a care plan because the staff recognizes a risk of harm or injury due to the patient's physical or mental state. The plan is meant to limit further injury, or help to heal a current condition. The care plan has no effect if it is not implemented, however. In many of the incidents documented in the DOH survey, Northern Riverview recognized a risk, but failed to follow through on its own directives to minimize the risk. These failures resulted in the accidents and injuries above. The full reports, including additional citations and incidents, can be found here.

Three employees at a Havertown, PA senior living facility were arrested recently and charged with assault and harassment stemming from their treatment of a 79 year old resident of the home. Evidence of the alleged abuse came to light after the resident's daughter placed a "nanny cam" in her room. The resident had previously complained to her daughter that staff at the facility were abusing her.

In addition to the criminal charges faced by the three workers, the family has sued the facility for negligence. In the suit, the family alleges that the facility was understaffed, the existing staff was improperly trained, and that the facility violated regulations for the proper maintenance of a senior living facility.

Website Resource: Delco couple sue senior living facility after alleged abuse caught on tape

Philadelphia Inquirer, John P. Martin, October 13, 2011

Grandell Rehabilitation and Nursing in Long Beach, New York was fined for several deficiencies after surveys taken in January and July of last year. Among the numerous violations found during the survey were:

• CFR 483.7(h)(3) Corridors have firmly secured handrails. The study found that not only did the facility lack the requisite number of handrails, but also not all handrails were securely fastened in place. Due to a propensity for falls by residents of nursing homes, and for increased damage to an elderly resident who suffers a fall, securely fastened handrails are an absolute necessity in elder care facilities. A fall can lead to injuries such as bruising and bone fractures. Additionally, the long term reduced mobility resulting from a fall can lead to advanced medical issues, such as bedsores (pressure sores / decubitis ulcers) for an elderly resident. The effects, both direct and indirect, of a fall can be deadly for an elderly nursing home resident. All precautions must be taken to ensure that avoidable falls are, in fact, avoided.

• CFR 483.65 Facility Establishes Infection Control Program. An infection in an elderly patient can have dire consequences. As such, all necessary precautions must be taken by resident facilities to avoid preventable infections. Instances such as failure to wash hands before administering medicine, failure to replace a visibly soiled cervical collar, and failure to employ sanitary methods of taking blood (all noted in the deficiency report) can each lead to an infection. Simple precautions like these, which an individual would almost certainly take if administering medicine or taking blood from him or herself, were not taken on several occassions during the period of time monitored by the survey.

As mentioned above, there were numerous additional violations found in the DOH survey. These can be found in the link to the site below. According to the Long-Term-Care Community Coalition, Grandell was fined $34,000 as a result of the deficiencies noted in the surveys.

Website Resource: New York State Department of Health

A deficiency report published by the Department of Health on April 25, 2011 reveals that Elant at Newburgh, located in Orange County, NY, continues to violate patients' rights with respect to its nursing home residents. The latest findings by the DOH range in scope from isolated incidents to patterns of abuse, and most have been labeled as having the potential for more than minimal harm.

This blog has documented health code violations arising from Elant at Newburgh in the past, including failure to prevent bedsores and failure to properly staff the facility, both of which are again included in the current survey. This latest report from the DOH adds several new violations of Title 42 of the Code of Federal Regulations.

• 483.25(l): Each resident's drug regimen must be free from unnecessary drugs. A resident was given additional pain medication to cope with leg pain. Although the resident stated that the medication was ineffective in reducing the amount of pain she was feeling, the pain medication was not monitored consistently, nor was documentation made of the medication's ineffectiveness.

• 483.65: Facility establishes infection control program. A catheterized resident with a history of urinary sepsis did not receive proper treatment of the catheter. As a result, the resident developed a urinary tract infection.

• 483.25(h): Facility is free from accident hazards. A resident, although noted to be monitored for aspiration was allowed to eat a meal unsupervised in her room. Although, by all accounts the Certified Nursing Assistants were aware of the resident's condition, the resident was not required on this occasion to eat in the dining hall, as had been prescribed. A resident such as this is a choking risk. Allowing her to eat alone in her room could have proven fatal. Thankfully in this case, it did not.

The DOH survey documents further violations, too numerous to list exhaustively here. As has been noted in this blog, this section of the CFR is in place to ensure the safety and dignity of residents of long term care facilities. Violations of these statutes fly in the face of not only common sense, but also federal regulations ratified for the residents' protection. Perhaps soon, facilities such as Elant will recognize this and adhere to the rights that they guarantee, under law, to their long-term residents.

The Long Term Care Community Coalition recently released its report on New York enforcement actions for the period 12/16/10 - 3/15/11. Included in the report were the following instances of nursing home neglect and abuse:

At Terence Cardinal Cooke HCC in Manhattan, LPN Coral Quintyne, gave methadone to the wrong resident, who had to be hospitalized. She did not report her error and falsified documents in an attempt to cover it up. On 2/4/2011, she was sentenced to six months incarceration.

Certified Nurse's Aide, Esmeralda Laureano, at Rockaway Care Center, LLC in Queens stomped on the chest of an 80-year old resident who was lying on the floor after he refused to follow her instructions. On 3/1/2011, she was sentenced to a term of 3 years probation with anger management classes as a condition of probation.

At Diamond Hill Nursing and Rehabilitation Center (formerly Northwoods Rehabilitation and ECF-Troy) Certified Nurse's Aide, Jessica Tremper, falsely documented in the medical record that she turned and repositioned a resident. Turning and repositioning is considerd the most important intervention is the prevention of the development and deterioration of bedsores (pressure ulcers, decubitis ulcers). On 3/4/2011, she was sentenced to a one-year conditional discharge, 40 hours of community service, and surrender of her CNA certificate.

Certified Nurse's Aides, Janine Fedigan and Brandy Peterson, at Finger Lakes Center for Living in Auburn were sentenced to a one-year conditional discharge and surrender of their CNA licenses. In violation of the care plan, CNA Fedigan transferred an 80-year old resident out of bed alone, took resident to the toilet, and tried to apply his leg brace, which caused the resident to tip over in his wheelchair, hit his head and suffer a skin tear. CNA Fedigan and CNA Peterson picked him up and told resident and his wife not to tell anyone what had happened. CNA Fedigan claimed it happened while the resident was in the bathroom.

Today, June 15, 2011, is the sixth annual World Elder Abuse Awareness Day. It falls in the middle of World Elder Abuse Awareness Week, which commenced on Monday. While it is important to specify a day or week in which to give attention to the cycle of abuse that many elderly in society face, it is also imperative to remember that this abuse happens every day. We must remain vigilant as a society in an attempt to eliminate elder abuse.

As this blog has chronicled in the past, elder abuse occurs in many forms: physical abuse, emotional abuse, sexual abuse, and financial abuse, to name several. Unfortunately, often this abuse does not occur at the hands of an unkown hospital or nursing home aide, but rather at the hands of family members.

World Elder Abuse Awareness Day helps to raise the public profile of the growing ubiquity of elder abuse. Events such as this, as well as celebrities such as Mickey Rooney speaking about their own experiences, will hopefully bring an awareness of the perils that our elderly citizens face. If you suspect that someone you love has been a victim of elder abuse, please contact the proper authorities as soon as possible. With the proper level of awareness, perhaps someday we can bring an end to elder abuse in its many forms.

A nursing home aide was recently convicted of sexually abusing an 61-year old stroke victim at Amsterdam Nursing Home on Manhattan's Upper West Side. The aide was convicted of sex abuse, endangering the welfare of a vulnerable elderly person, and endangering the welfare of a physically disabled person. The aide was caught in the sexual act while under assignment to care for the victim.

It is not very often that this section of the blog crosses over from civil to criminal offenses. In a case as egregious as the one linked below, it is a necessity. According to Section 260.25 of the New York Penal Code, "[A] person is guilty of endangering the welfare of an incompetent or physically disabled person when he knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself or herself because of physical disability, mental disease or defect." A vulnerable elderly person is defined as: "a person sixty years of age or older who is suffering from a disease or infirmity associated with advanced age and manifested by demonstrable physical, mental or emotional dysfunction to the extent that the person is incapable of adequately providing for his or her own health or personal care." Certainly, a 61 year old incapacitated stroke victim falls under this definition of vulnerable elderly person.

In many instances, injuries suffered by elderly or incapacitated residents of nursing homes are the result of negligence on the part of the staff, their assigned caregivers. Occasionally, however, the offense crosses the line and becomes not only a civil offense, but a criminal offense as well. In such cases, criminal charges must be pursued, above and beyond a civil case, in order for justice to truly be served. That said, the facility can be held civilly responsible for the acts of the employee that committed the offense if that employee had a history of being physical or sexually aggressive and/or if the facility failed to conduct a proper background check before hiring the individual. Sexual abuse is also prohibited by the state (NYCCR) and federal (CFR) rules and regulations we often reference here on the New York Nursing Home Abuse Lawyer Blog.

Northgate Health Care Facility has fired two nurse's aides following a disturbing incident involving the employees and two elderly, mentally impaired residents of the facility. According to a NYS Department of Health report, the employees placed the two residents in the same bed together and told them that they were married, hoping to elicit a physical response from the residents. Security cameras captured the events. One of the residents is diagnosed with mild mental retardation, while the other is both blind and suffers from dementia. The workers are no longer legally allowed to work in similar nursing home environments.

As common sense and decency would dictate, if all allegations are true, the two employees involved in this incident are guilty of any number of violations of public health codes, as well as state and federal regulations. The residents' quality of life, personal rights, and safe living environment have all been severely compromised. Additionally, although the Department of Health has conceded that Northgate acted properly in reporting the incident, the home's hiring practices certainly must be questioned. Furthermore, reporting the incident and handling it in a timely fashion does not excuse the home from the violations. It is the responsibility of the facility to prohibit mistreatment and abuse of residents. In this case, it would appear that the facility failed in this charge.

Website Resource: Wheatfield Nursing Home Workers Fired Over Reported Abuse, Pete Gallivan, March 31, 2011

A staff member at Idylwood Care Center in Sunnyvale, CA has been charged with elder abuse and battery after allegedly grabbing the genitalia of a male resident in January. Two additional staff members have been charged as well with failing to report the abuse. The staff members were arrested after another worker relayed the reported abuse to authorities.

In addition to the criminal charges that the three men face, if these allegations are true, then they clearly violated numerous sections of Title 42 of the Code of Federal Regulations. To name several:

• 483.13(b): The resident has the right to be free from verbal, sexual, physical, and mental abuse

• 483.13(c)(1)(i): The facility must [n]ot use verbal, mental, sexual, or physical abuse, corporal punishment, or involuntary seclusion

• 483.15(a) The facility must promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality.

Here at the New York Nursing Home Abuse Lawyer Blog, we more commonly discuss injuries that are relatively easy to recognize, such as pressure sores or bruises. Unfortunately, sexual abuse is a prevalent and underreported event in nursing homes, and what is even more concerning, is that indications of mental and sexual abuse are often very subtle. Through the diligence of workers such as the whistle blower in Idylwood, as well as family members monitoring their elder loved ones' well-being, elder abuse of all types can be exposed and stopped.

If you feel that a loved one has been a victim of abuse in any form, please contact Gallivan and Gallivan today to discuss your legal remedies.

Mickey Rooney appeared before the Senate Special Committee on Aging this past Wednesday to discuss his personal experience dealing with elder abuse. Rooney, who has appeared in such films as National Velvet and The Black Stallion, pleaded for the committee to enact stricter legislation to protect victims of elder abuse.

Rooney detailed his horrors of emotional, psychological, and financial abuse at the hands of his stepchildren for the committee. He also described the difficulty that he and many other seniors face coming forward to seek help and protection from abuse. With stricter legislation, perhaps seniors would feel more inclined to speak despite the fear of reprisal from their abusers.

Putting a recognizable face to the isse of elder abuse may also help seniors who fear the repurcussions of confronting abusers. Hopefully Rooney's impassioned address will lead to increased coverage of these disturbing situations. Perhaps Congress has taken Rooney's words to heart--after the committee session, Senator Herb Kohl, Democrat from Wisconsin and committee chairman, introduced a bill that would create a subdivision within the Department of Justice specifically targeted to deal with elder abuse. This is a good first step by the Legislature, one that hopefully will lead to more coverage and recognition of the widespread social consequences of elder abuse.

Website Resource: Mickey Rooney tells Senate panel he was a victim of elder abuse CNN, Tom Cohen, March 2, 2011

In a certification survey dated December 17, 2009 on the New York State Department of Health (DOH) website, Bishop Charles Waldo Maclean Nursing Home in the Far Rockaway section of Queens received numerous deficiences, ranging from pressure sore treatment to substandard overall safety measures.

The surveyors found that the facility did not ensure that a resident with pressure ulcers received the necessary dietary assessment, treatment and re-evaluation to prevent the development of new pressure ulcers (bedsores, decubitis ulcers) and failed to promote healing of the existing ulcers. The Nursing Readmission Assessment dated 6/19/09 documented ". . .skin dry and intact" and listed the GT site as the only skin problem.

The comprehensive care plan for Pressure Ulcers dated 6/24/09 documented a 13 Braden Score (scale used to predict pressure sore risk). The Braden Risk Assessment documented that a score of 13 placed the resident "at moderate risk" for pressure ulcer development. The pressure ulcer care plan documented interventions to prevent pressure ulcer development and maintain skin integrity.

A pressure ulcer Flow Sheet dated 6/24/09 identified a Sacral Stage II Pressure Ulcer measuring 1 centimeter (cm) x 1 cm . The physician's interim order dated 6/24/09 documented a treatment to cleanse the sacral ulcer with normal saline, apply Dermafix Spray and a dry sterile dressing every shift. There was no documented physician's progress note addressing the Stage II pressure ulcer until one week later when it was identified as a Stage IV on 6/30/09.

The pressure ulcer Flow sheet for the Sacral Pressure Ulcer dated 6/30/09 documented that the ulcer had deteriorated increasing in size to 7 cm x 4 cm. A Physician Progress Note dated 6/30/09 documented that the Sacral Ulcer was a Stage IV measuring 7 cm x 4 cm with 10% bloody drainage. There was no reference to any nutritional recommendations. There was no documented evidence of a Dietary Reassessment addressing the resident's nutritional needs related the the deterioration of the pressure ulcer to a Stage IV on 6/30/09.

The following ulcers developed and deteriorated during the resident's stay at the Queens facility:
Stage II Sacrum 1 cm x 1 cm-onset 6/24/09. 9/1/09-Stage IV 10.0 cm x 12.0 cm x 3.0 cm.
Right Heel closed Blister-onset 7/1/09. 9/1/09-Eschar Stage IV 8 cm x 5 cm.
Left Heel-Blackened discoloration 4 cm x 7 cm-onset 7/9/09. 9/1/09-5 cm x 4 cm.
Stage II Right Hip 0.5 cm x 0.5 cm-onset 7/20/09. 9/1/09-Stage IV 14 cm x 10 cm x 4 cm
Stage II Left Hip 0.3 cm x 0.3 cm-onset 7/28/09. 9/1/09-Stage IV 7 cm x 6 cm x 1.5 cm.

The facility violated at least twenty-six sections of Title 42 (Public Health) of the Code of Federal Regulations. Prior entries in this blog have detailed several of the Code sections violated in this particular instance (bedsores, overrall care, etc.). Below please find a sampling of additional regulations Charles Waldo Maclean failed to comply with according to the survey:

• 483.70(h)(4): The facility must...maintain an effective pest control program so that the facility is free of pests and rodents (both live and dead roaches were observed on several occasions in several different areas of the facility)

• 483.35(d)(3): Food. Each resident receives and the facility provides food prepared in a form designed to meet individual needs

• 483.20(k)(3)(ii): The services provided or arranged by the facility must be provided by qualified persons in accordance with each resident's written plan of care.

Again, these are just several sections of the Code that this facility violated according to the DOH survey. The full list, which is too extensive to replicate here, can be found on the DOH website. The scope of Public Health Law violations that this facility has amassed is disturbing. Changes are certainly in order. Perhaps the DOH survey will serve as the impetus for the facility to reevaluate its standards and increase quality of care for its residents.

A recent study by Cornell University has found that elder abuse is far more pervasive than reported cases would indicate. The study indicates that shockingly low percentages of elder abuse are actually reported to authorities. In cases of general elder abuse, only 4.3% are brought to the attention of authorities. Financial abuse is reported approximately 2.3% of the time. Incidents of general neglect are made known in a staggeringly low 1.7% of cases.

.Entrusting the care of an elderly loved one to a third party is an intrinsically difficult decision. Even with the proper amount of research, elder abuse is an unfortunate reality that too many families are forced to deal with. The lawyers at Gallivan and Gallivan are trained to help families through these trying situations. If suspected elder abuse has occurred, please contact us to help make the situation right.

Website Resource:

Fraction of Elder Abuse Cases Reported, Study Finds The Sacramento Bee, Anita Creamer, January 5, 2011

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.

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The video considers a world without lawyers.

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.