New York Nursing Home Abuse Lawyer Blog

Morningside House Nursing Home in Bronx, NY was fined $55,412.50 as a result of an October 26, 2009 survey conducted by state and federal investigators, according to a Long-Term-Care Community Coalition report. The original fine was 35% higher (approximately $75,000.00), but was reduced when the facility waived its right to a hearing on the issues raised in the survey.

According to the survey findings, Morningside House failed to ensure that an investigation was conducted for a resident sustained a left ankle fracture which was an injury of unknown origin. As a result of no investigation, the facility did not discover the cause of the nursing home injury or put into effect steps to prevent future similar incidents.

The facility failed to ensure that the residents were protected from environmental hazards, specifically, the potential for burns and scalding injuries related to excessive hot water temperature. In addition, the facility failed to maintain water temperature within the acceptable range of 90-120 degrees Fahrenheit. This was evident in 8 community showers and bathrooms and 4 pantry room sinks located in 1 of 2 resident care buildings, which had the potential to affect the 141 residents who are ambulatory and independent, and those requiring toileting assistance.

Morningside House was also cited for failing to ensure that nurse aides are able to demonstrate competency in skills and techniques necessary to care for residents'
needs, as identified through resident assessments, and described in the plan of care.

Morningide House received 36 deficiencies, 7 of which were related to actual harm or immediate jeopardy, the most serious category of deficiencies available to surveyors.

A recent $29 million verdict in a nursing home abuse and wrongful death case was upheld by a Sacramento Superior Court Judge last week. The underlying case involved the death of a 79 year-old former civil servant who fell at a Horizon West Healthcare facility and thereafter developed a Stage IV bedsore that became infected. The plaintiff in the case argued that the Horizon facility was deliberately understaffed and as a result, provided inadequate care and monitoring. We previously discussed the case at the time of the verdict here on the New York Nursing Home Abuse Lawyer Blog.

Judge Roland Candee rejected Horizon West Healthcare's arguments for a new trial or significantly reduced damages. Candee said "overwhelming" and "devastatingly powerful" evidence in the trial in May supported the jury's verdict and damage awards against Horizon, which owns 33 nursing homes mostly in California.

The jury ruled that Horizon and Colonial committed elder abuse and awarded $1.1 million in damages for Tanner's pain and suffering and for her daughter's loss of companionship. A day later, after hearing evidence about the corporation's finances including its net worth of about $200 million, the panel made the $28 million punitive award.

Candee reduced the pain and suffering damages to $800,000. Including $1.2 million in attorney's fees, the total judgment is for $29.1 million, believed to be the largest ever for an elder abuse case in Sacramento County.

Website Resource:

$29 million verdict upheld against Rocklin nursing home firm, Sacramento Bee, Cynthia Hubert, July 15, 2010.

A Clinton County Nursing Home (Plattsburgh, New York) employee was recently sentenced to three years probation, 100 hours of community service, and required to pay $700 in fines after neglecting to follow a care plan for toileting that resulted in a resident's fall and fracture. Dawn Andrews, Certified Nurse Aide at the New York facility, allegedly left a resident who suffered from dementia alone during toileting. A care plan in place at the time of the incident called for assistance and monitoring during toileting. The resident fell to the floor and suffered a fractured hip.

This is a very common fact pattern in the nursing home neglect cases we handle on a daily basis. Many nursing home facilities respond to falls by telling family members that the fall was unavoidable. They explain, "Elderly people fall. It happens." This is not an acceptable explanation. It may true that the elderly are more prone to suffering falls. However, families place their loved ones in nursing homes for a reason (usually because they could not provide 24 hour are on their own and felt that medical professionals would be better suited to provide the necessary care/supervision). The nursing home staff should be held accountable for properly assessing the resident for falls, as well as properly implementing an appropriate plan of care to prevent falls.

Two nursing homes in Missoula have settled a wrongful death lawsuit for an undisclosed amount with the family of a man that died while under nursing home care in 2005. The lawsuit claimed that both Riverside Health Care Center and the Village Health Care Center were negligent in failing to provide adequate care for Ralph Seewald. The family alleges that the care given to Seewald did not meet the standards promised by the nursing homes.

More specifically, the family contended the Mr. Seewald fell and fractured his neck during a transfer from his wheelchair, an accident that left him bedridden. He then developed severe pressure ulcers (bedsores, decubitus ulcers) that worsened over a period of months, and led to a fatal case of gangrene in his leg.

Website Resource:

Family settles suit against nursing homes, Billings Gazette, Tristain Scott, February 28, 2010.

New York State Veterans Home in Queens (NYC) received immediate jeopardy deficiencies (immediate jeopardy are the most severe) resulting from incidents of substandard quality of care for failing to keep the facility free from accident hazards, and for failing to implement policies and procedures related to resident smoking practices. These findings were part of a June 29, 2009 NYS Department of Health survey.

The surveyors found that the Queens nursing home staff and administration failed to implement appropriate policies and procedures related to resident smoking practices; failed to adequately assess/reassess the residents smoking abilities and update care plans; failed to provide supervision for residents who smoke in the designated smoking areas; failed to ensure that the residents were utilizing the appropriate receptacle to extinguish cigarettes/smoking materials; and failed to ensure that the designated smoking area was maintained free of litter of cigarettes butts.

As a result of the deficiencies, New York State took the following action according to a Long-Term Community Care Coalition report:

1) Civil Money Penalty: State recommends to CMS;
2) State Monitoring: state sends in a monitor to oversee correction;
3) Directed Plan Of Correction (DPOC): A plan that is developed by the State or the Federal regional office to require a facility to take action within specified timeframes. In New York State the facility is directed to analyze the reasons for the deficiencies and identify steps to correct the problems and ways to measure whether its efforts are successful;
4) In-Service Training: State directs in-service training for staff; the facility needs to go outside for help; and
5) Denial of Payments for New Admissions (DoPNA): Facility will not be paid for any new Medicare or Medicaid residents until correction is in place.

Medford Multicare Center For Living, a Suffolk County, Long Island, NY nursing home must pay a $35,300 civil penalty due to neglect of a resident that was caught on videotape.

Two certified nurses' aides (C.N.A.'s) at the nursing home transferred a 94 year-old resident from her bed to a wheelchair without using a hoyer lift as called for in the resident's care plan. The resident complained of pain and two days later an x-ray confirmed that she had a fractured femur. Both employees provided false written accounts of the incident to the facility.

Website Resources:

Long-Term Care Community Coalition, Enforcement Actions

Continue reading "Suffolk County (NY) Nursing Home Fined For Cover-up And Falsification Of Records After Resident Breaks Hip" »

According to a 2008 poll conducted by the American Nurses Association, 73% of nurses polled do not believe the staffing on their unit or shift is sufficient. Over 10,000 nurses nationwide were surveyed. The survey also found the following:

• 59.8% of the nurses polled knew of someone who left direct care nursing due to concerns about safe staffing;
• Of the 51.9% of nurses polled who are considering leaving their current position, 46% cite inadequate staffing as the reason;
• 51.7% of the nurses polled opined that the quality of nursing care on their unit has declined in the last year; and
• 48.2% of the nurses polled would not feel confident having someone close to them receiving care in the facility where they work.

ANA President Rebecca M. Patton, MSN, RN, explained in a recent press release, "Safe nurse staffing has been linked to more positive patient outcomes, decreased length of
hospital stay, and decreased number of medical errors and patient falls. It has also been shown to improve nurse satisfaction and decrease burnout, both significant factors contributing to nurses leaving the profession."

The New York Elder Abuse Attorneys at Gallivan & Gallivan have successfully represented many victims of abuse and neglect whose main complaint about their nursing home or hospital was understaffing. We have seen first-hand, that short-staffing can result in falls/fractures, bedsores (pressure sores, pressure ulcers, decubitus ulcers), malnutrition and dehydration, and or abuse.

If you or a loved one is being neglected due to a facility's decision not to hire an appropriate number of nurses and/or nurse's aides, please contact us for a free consultation.

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.

Sutton Park Center Nursing & Rehabilitation Center in Westchester County, New York received the lowest possible rating from Medicare (one star out of five) based on a September 26, 2009 inspection. The New Rochelle facility was cited for failing to provide proper care to residents with feeding tubes and failing to provide services on par with professional standards of care. An incident that resulted in actual harm to a resident when the staff failed to ensure that the nursing home area was free from hazards was also reported.

Investigators cited Sutton Park for 47 total deficiencies. The state-wide average number of deficiencies is 24.

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.

In July 2004, an Erie County jury awarded plaintiffs, Thomas S. Kolbert and the Estate of Victoria Poielski, $1,500,000 in damages in a lawsuit brought under the New York Public Health Law for nursing home negligence. The plaintiffs alleged that Ms. Poielski, an 80 year-old resident suffering from dementia, fell while unattended in her bathroom and suffered a fractured right elbow.

Apparently, the resident was left alone on the toilet for a three hour period. When no staff member came to her assistance, she tried to move from the toilet to her wheelchair and suffered a fall. Pressure sores (bedsores, decubiti) also developed on her heels after the fall. The jury verdict was later reduced by the Appellate Division to $500,000.

Jurors awarded plaintiff Elaine Stinson $1.34 million in a California nursing home abuse and neglect case. The jury found that Leisure Palms nursing facility had recklessly neglected the plaintiff in failing to implement proper fall precautions. The plaintiff suffered three falls over a two month period, the last of which resulted in a punctured lung and three broken ribs.

In addition, after the fall, staff members placed the plaintiff back in her bed instead of sending the resident to the hospital and reporting the incident. In fact, Emergency Medical Services were not called at all by the Leisure Palms staff. Upon arrival the next morning, the plaintiff's husband called EMS once he saw his wife's condition. Surgery was performed that day at the hospital.

The breakdown of the verdict is below:
1) $88,000 for past medical bills,
2) $500,000 for pain and suffering, and
3) $750,000 in punitive damages.

Attorneys for the plaintiff have also filed a motion demanding attorney's fees, court costs and expert fees. Prior to trial, the Department of Social Services had investigated the family's complaints and cited Leisure Palms for its unsafe practices. Despite these findings, the nursing facility maintained that its staff members had acted appropriately. For more information regarding this important California verdict, please click here.

The New York Times' Derrick Henry reports that a study to be published in the Journal of the American Geriatrics Society indicates that 87% of fall injuries in the elderly involve the use of walkers, while 12 percent of fall injuries involve canes. Approximately 47,000 elderly patients suffer falls involving assistive devices that result in a visit to the emergency room each year. The physicians who conducted the study reviewed emergency department medical records from 66 hospitals over a five year period.

The authors of the study suggest that physicians take additional time to explain how to properly use walking aides. As epidemiologist, Judy A. Stevens explains, "It's important to make sure people use these devices safely. It gives them greater independence, but at the same time it can be a hazard if not used properly." The study also indicates that the designs of the devices (walkers and canes) could be improved.

Three employees at Dosberg Manor, a Getzville, New York Assisted Living Facility, have been disciplined after a Department of Health investigation found that each employee noticed that a 93 year-old resident was missing, but failed to report it. The resident either fell or jumped to his death from the window in his second floor room at some point during the time-period in question. His whereabouts were not known for over an 11 hours. His body was found the next morning.

The Department of Health investigation found that an employee noticed that the resident's walker was found next to an open window, but failed to inquire into his whereabouts. The same employee then lied to investigators regarding the incident.

Investigators also found that two other employees were aware that the resident was missing, but did not notify facility administration or the proper authorities. Finally, adding insult to injury, there is documentation in the facility records indicating the resident was administered medications while he was missing (and most likely deceased at the time).

Website Resources:

Nursing home fatality leads to discipline for 3, The Buffalo News, Stephen T. Watson, May 20, 2009.

Ocean Promenade Nursing Center in Rockaway Park in Queens, New York was cited for failing to ensure that the residents' environment remained as free as possible from accident hazards. Failing to do so often results in preventable falls and other accidents. Under Federal and State law, nursing home facilities are required to make sure that the nursing home environment remains as free of accident hazards as is possible. Furthermore, each New York nursing home must provide adequate supervision and assistance devices to residents in order to prevent accidents. Unfortunately, this was not the first time the facility had received such a citation.

Based on the February 24, 2009 survey, motor vehicles blocked various emergency exit doors and construction materials were left out in the open. In addition, uneven tiles and other tripping hazards were present at the entrances to resident's rooms, resident's bathrooms, and resident day rooms.

Ocean Promenade also received poor scores for failing to have adequate staffing and employing staff members with a history of abuse or neglect.