New York Nursing Home Abuse Lawyer Blog

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.