New York Nursing Home Abuse Lawyer Blog

The U.S. government estimates that over 5 million people are victimized by elder abuse each year. Furthermore, it is estimated that 84% of cases go unreported. Elder abuse comes in many forms including, physical or sexual abuse, neglect and financial exploitation. Below is a video promoting the passing of the Elder Justice Act.

The family of a resident at a California nursing home, Fillmore Convalescent Center, was recently awarded $7.75 million in a case involving nursing home abuse. The resident was a 71-year-old stroke victim.

The attorneys for the resident and her family showed the jury a secret videotape of the woman being abused. Members of the residents family became suspicious after they noticed that their mother was bruised. They complained to management at the facility, but apparently the facility failed to investigate. As a result, the family took it upon themselves to set-up the hidden camera.

She videotape reportedly showed a member of the nursing staff slapping the resident, pulling her around by the hair, bending her neck, fingers and wrists, and treating her violently in a shower chair. The jury deliberated for two days before announcing the verdict: $2.75 million in actual damages and $5 million in punitive damages.

Website Resources:

$7.75 million awarded in abuse case - Elderly victim a patient at Fillmore facility, Ventura County Star, Stephanie Hoops, December 11, 2009.

The New York State Medicaid Fraud Control Unit (MFCU) was established over 30 years ago with the intent to protect the New York's most vulnerable patients from elder abuse
and neglect. The MFCU's mission remains the same today. The MFCU, under the direction of Attorney General Andrew Cuomo, has published a brochure, "Protecting Patients From Abuse and Neglect", which discusses the types of investigations the office undertakes in nursing homes, the types of crimes providers can be charged with, how to contact the office and ways you can be helped if you have suffered abuse or neglect.

To report elder abuse or neglect, please call the New York State Attorney General's Office at (800) 771-7755 or the New York State Department of Health at (888) 201-4563.

The attorneys at Gallivan & Gallivan support the work of the MFCU and likewise are dedicated to protecting New York's most vulnerable citizens. If you or a loved one has been the subjected to abuse or neglect in a nursing home or assisted living facility, please contact us. We aggressively pursue compensation for victims of elder abuse or neglect.

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.

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.

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.

The Crossings, a New York nursing home, was fined $13,300 by the federal government as a result of an incident involving a choking resident. The resident was fed pancakes and sausages, both of which were cut into tiny pieces. Soon thereafter, a nurse's aide noticed the resident was not breathing and that the resident's lips had turned blue. However, the nurse's aide neglected to call a "code blue", call 911, and/or perform the Heimlich maneuver. A licensed practical nurse and a registered nurse who appeared on the scene a few moments later also failed to call 911 or a "code blue" immediately. As a result, the resident went into cardiac arrest and died at a nearby hospital.

The Crossings was cited for failing to appropriately train its employees regarding "code" situations, as well as providing care that did not meet minimum professional standards. If you or a loved one has been the victim of a choking incident that was not handled appropriately, please contact the New York Nursing Home Neglect Attorneys at Gallivan & Gallivan.

Website Resources:

Nursing home fined $13,300 - Agency says The Crossings didn't give proper care to choking resident who died, The Post-Standard, James T. Mulder, November 19, 2008.

A report by Democratic Senator from Westchester and the Bronx, Sen. Jeffrey Klein, indicates that there were approximately 34,000 incidents of elder abuse in New York State in 2008. 19,301 of the incidents were reported to Adult Protective Services and the New York State Office of Child and Family Services. Of the 19,301, 5,000 of the reported incidents occurred in New York City.

The estimate of 34,000 instances of abuse takes into account an estimated number of unreported events. For the purposes of the study, "elder abuse" included physical abuse, medication errors, pressure sores (bedsores, decubiti), falls and financial abuse.

Sen. Klein explained in a press release:

"This report makes clear that our seniors are at risk and need our help. For too long there has been no coherent system for measuring the frequency of elderly abuse. My bill would change that and make one agency responsible and accountable for this critical information. With so many baby boomers nearing retirement, we need to accurately identify the scope of this issue now, so we can develop more effective prevention, protection and treatment."

Gallivan & Gallivan, Attorneys at Law provides compassionate and aggressive representation to elder abuse victims. Please contact us if you or a loved one has been a victim of elder abuse.

Website Resources:

State Senator Finds 30,000 Elder Abuse Incidents, Epoch Times, Helena Zhu, August 3, 2009.

A licensed nurse employed by Shore Winds Nursing Home in Rochester, New York has been arrested and charged with rape in the second degree (felony) and endangering the welfare of an incompetent (misdemeanor). The nurse, Kipper Allen Stevens, allegedly had sexual intercourse with a disabled resident. She was arraigned last week. Bail was set at $1500.

This story underscores the importance of proper screening of potential nursing home employees, as well as the importance of implementing timely and proper evaluations of current nursing home employees.

The attorneys at Gallivan & Gallivan are dedicated to protecting nursing home residents against elder abuse.

Website Resources:

Rochester nursing home employee charged with rape, RocNow, Victoria Freele, July 17, 2009.

Ramapo Manor Center For Rehabilitation, a Rockland County, New York nursing home, received an overall rating from Medicare inspectors of "much below average." As we have previously discussed on this site, Medicare rates all New York nursing homes based on three criteria:

1) Health Inspections;
2) Nursing Home Staffing; and
3) Quality Measures.

After these three areas are analyzed an overall score is awarded. Based on a November 10, 2008 inspection, the nursing home neglected to: a) follow written care plans, b) ensure that the nutritional needs of residents were met (which can lead to pressure sores - decubiti or bed sores), c) write and use policies forbidding abuse and neglect of residents, and d) ensure that the nursing home was free of dangers that can cause accidents such as falls. In addition, Ramapo received one out of five stars based on its staff (nurses, nurse assistants) to resident ratios.

The families of elder abuse victims are using social networking sites, Facebook, Twitter and Myspace, to gain support for reform in long-term care facilities. The group, which was founded by family member's personally affected by alleged abuse in a Minnesota nursing home, can be found by conducting a search for "Families Against Nursing Home Abuse" on any of these sites.

The group members describe themselves as being "committed to providing information and resources for the continuum of long-term care -- from successful aging, to aging in the home, to assisted living, to hospice care, as well as nursing home care." Those interested in becoming members of the group can join online, or call Jan Reshetar at 402-4749 or Myrna Sorensen at 383-6963.

Last week, a conference in Fairfield, Connecticut focused on the prevention of elder abuse, as well as identifying signs of neglect or abuse. The conference outlined many disturbing facts:

1) An end to elder abuse is not within sight. In fact, with the Baby Boomers in their 60s, it is apparent that the incidence of elder abuse will increase in the coming years.

2) It is estimated that elder abuse 2 - 10 percent of our elderly population fall victim to some form of elder abuse.

3) Research shows that only 1 in 14 cases of elder abuse or neglect are reported.

4) Connecticut's rate of reported elder abuse cases is three times the national median.

5) Based on a 2006 survey, approximately 640 cases of elder abuse were reported in Fairfield County alone. Approximately 330 of these cases were in the Greater Bridgeport area.

At the conference, the Center for Elder Abuse Prevention was recognized for helping "seniors attain the highest quality of life, to assist victims, and to reduce the prevalence of elder abuse."

Website Resources:

Connecticut leads nation in elder abuse cases, Westport News, Pat McCormack, June 19, 2009.

Peter's Place, a 24 hour shelter dedicated specifically to serving the elderly, homeless population in New York City, will be closed according to a new plan proposed by the Department of Homeless Services. The plan is part of broader cuts in funding for shelters that specifically target certain sectors of the population (women, mentally ill, etc.).

Peter's Place opened its doors 16 years ago in the basement of St. Vincent DePaul Church on 23rd Street. Since then, the shelter has provided meals, clean clothes and showers to homeless elderly in New York City. Although Peter's Place does not provide beds to the seniors, its services are specifically geared towards assisting the elderly, particularly those suffering from mental or physical disabilities and illnesses.

The Senior Outrage Coalition protested the proposed change at a rally at City Hall on June 24, 2009. The Senior Outrage Coalition also plans to meet with the Mayor's office in order to discuss alternatives before June 30, 2009. Jim Fouratt, a candidate for Council Speaker stated, "Let's call elder abuse exactly what it is and where it is in this city. Elder abuse starts in the mayor's office, and elder abuse starts in the speaker of the City Council's office."

Website Resources:

Peter's Place outcry grows as closure looms, The Villager - Chelsea Now, Patrick Hedlund, June 25, 2009.

A 76-year-old resident in a New Mexico nursing home was placed on a bed pan and left unattended for 24 hours. As a result of the staff's failure to remove the resident from the bedpan, it become lodged in the resident's skin. An open wound developed and became infected. The resident died from the infection 5 days later. The resident had been admitted to the facility for rehabilitation after her had suffered a broken hip. The incident occured on Christmas Day in 2005.

The owner of the facility has been found guilty of elder abuse and neglect. The facility faces up to a $5,000 fine and may be excluded from receiving reimbursement from Medicare/Medicaid.

Website Resource:

Nursing Home Owner Convicted in Bedpan Death, www.wiredprnews.com, February 22, 2009.