New York Nursing Home Abuse Lawyer Blog

A Registered Nurse and a Certified Nurse's Aide at Beth Abraham Health Services, a Bronx Nursing Home, were recently sentenced after being prosecuted by the Medicaid Fraud Control Unit of the New York Attorney General's Office. A mentally and physically disabled resident with a propensity to wander, eloped from the facility while under the care of RN Dorothy Bain and C.N.A. Vicky Williams. The facility's video surveillance revealed that the resident was not in the facility for six hours. Over that six hour span, both employees documented caring for him and RN Bain documented that she had administered medications to the resident. It is unclear whether the resident was injured as a result of the incident. Allowing a resident to elope from a nursing home facility is obviously fraught with danger. We have handled cases where elopement has resulted in falls, fractures and even death. Here, the nursing staff compounded the problem by falsifying records.

Both Bain and Willaims were sentenced to a one-year Conditional Discharge with the conditions including the surrender of their respective licenses. They both must also refrain from working in the health care field for the duration of the Conditional Discharge.

Website Resource:

Long-Term-Care Community Coalition, Enforcement Actions.

Registered Nurse, Kathleen Kennedy, an employee at Daleview Care Center in Farmingdale, New York was recently sentenced to five years probation after falsifying records in a resident's nursing home chart. Nurse Kennedy reportedly failed to properly assess a resident (with a history of falls who had previously suffered a fractured hip) after a fall, failed to properly document the fall and later submitted a false statement that she had no knowledge of the fall.

Our firm handles many cases involving residents that have fallen at New York nursing homes due to the failure to properly assess the resident, as well as the failure to create and implement a proper plan of care to prevent falls. It seems that not only did the nurse involved fail to properly assess the resident, she also failed to follow appropriate protocol for documenting falls and decided to lie about it. As in most instances involving document fraud, here the cover-up was likely worse than the "crime".

Long-Term-Care Community Coalition, Enforcement Actions 6/11/11 - 9/15/11.

A certified nurse's aide and her supervisor have both lost their jobs after the aide was accused of beating a developmentally disabled resident at Lily Pond Nursing Home in Staten Island. The supervisor is accused of attempting to cover up the incident. The aide allegedly struck the resident several times in the head during her shift. An EMT witnessed the incident. According to the EMT, the supervisor advised the technician not to report the incident. Both the aide and the supervisor have surrendered their licenses, and both were conditionally discharged by the facility.

Federal and state regulations each mandate that accidents and incidents of abuse in nursing homes must be reported immediately. When coupled with the obvious prohibitions of abuse in these homes, it is no surprise that both the CNA and her supervisor were discharged by the facility. It remains to be seen whether the facility will be found responsible in a civil lawsuit, under the theory that the employer failed to properly train the aide and/or supervisor and/or failed to properly monitor the resident. Nonetheless, this is a disturbing instance of elder abuse, and a reminder that we must remain diligent in ensuring that our loved ones are free from abuse and receiving the level of care that they are mandated to receive from nursing homes and assisted living facilities.

Website Resource: Beating, cover-up at nursing center on Staten Island, www.silive.com , Frank Donnelly, November 29, 2011

Two Certified Nurse Aides at Ferncliff Nursing Home Co. Inc., a Dutchess County, NY Nursing Home, were recently forced to surrender their C.N.A. certificates after a fall during a transfer at the facility. According to a Long-Term-Care Community Coalition report, Stephen Thomas, a C.N.A., transferred a 94-year old resident, who slipped and suffered a broken arm.

The care plan in place called for the assistance of two staff members during transfers. After the incident occurred, Stephen Thomas asked another C.N.A. to lie about the incident and claim that they transferred the resident together in compliance with the care plan.

Both aides were charged criminally and forced to surrender their C.N.A. certificates as a result of the incident. As we have discussed many times here at the New York Nursing Home Abuse Lawyer Blog, we have handled many cases where attempts were made by nursing home employees to cover-up incidents of neglect and abuse. Although there is no denying that a fall resulting in a fractured arm is a very painful injury, the cover-up here was likely worse than the "crime" itself and likely lead to a more severe punishment for the C.N.A.'s involved.

A key facet to President Obama's health care reform initiative has been eliminating health care fraud throughout the United States. Yesterday, charges were announced against 91 individuals, accusing them of fraudulently obtaining approximately $300 million from the Medicare system. One of the most shocking indictments involves a doctor billing Medicare for services provided to the deceased, as well as providing psycotherapy sessions in excess of 24 hours a day.

US Attorney General Eric Holder announced the arrests yesterday with Kathleen Sebelius, Health and Human Services Secretary. FBI Executive Assistant Director Shawn Henry said in a statement: "[T]he health care system is part of our nation's infrastructure, and we must do everything in our power to protect the integrity of Medicare."

On many levels, the Obamacare initiative has been a polarizing issue for the American people. It will certainly remain so througout the upcoming presidential campaign, as both politicians and voters take sides to debate its value, constitutionality, and long-term effects. One issue that does not seem to be in debate, however, is the need to stop Medicare fraud from adversely affecting our elder population and diverting funds from this segment of our population most in need of them. The announcement of these arrests yesterday marks a victory for the fight against Medicare fraud as well as for our elderly population much in need of Medicare's continued financial support.

Website Resource: 91 charged with Medicare fraud across U.S.

Washington Post, Jerry Markon, September 7, 2011

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.

Three nurse's aides at Beth Abraham Health Services in the Bronx were arrested after failing to notice the elopement of a 64 year old schizophrenic patient in a wheelchair, and then attempting to cover-up the incident. Although police found the man approximately six hours later at a friend's home, the aides at Beth Abraham allegedly documented that they had checked on him and given him his medication during the period that he was missing.

Title 10 Section 415.12(h) of the New York Code of Rules and Regulations states that "[T]he facility shall ensure that: (1) the resident environment remains as free of accident hazards as is possible; and (2) each resident receives adequate supervision and assistive devices to prevent accidents." Clearly, allowing a schizophrenic patient to elope from the facility violates the regulation above. It was the duty of the nurse and her aides to report the missing patient as soon as they were aware of his elopement. That said, what makes the incident much worse is the attempt to cover-up the mistake by falsifying documentation.

Maintaining a safe environment for nursing home residents is a duty and should be a priority for the administration and staff at long-term-care facilities. This is not always the case, however. Diligence must be maintained to be certain that nursing home residents, particularly residents with special mental needs, are cared for in the manner mandated by both state and federal law. Thankfully, in this instance, the NYS Attorney General's Office investigated and plans to hold those responsible accountable.

Website Resource:
Three nursing home aides lied about missing schizophrenic patient in wheelchair: AG, New York Daily News, Kathleen Lucadamo, February 24, 2011

Carolyn Williams, a former certified nurse's aide (C.N.A.) at Meadowbrook Care Center in Freeport, NY was recently prosecuted by the Medicaid Fraud Unit of the NYS Attorney General for endangering the welfare of an elderly person. While working at Meadowbrook Care Center, Ms. Williams allegedly attempted a Hoyer transfer without assistance any other nursing home personnel. The Hoyer lift fell upon the resident who received stitches to treat facial lacerations. Thankfully the resident was not more seriously injured. We have seen many cases where transfers gone awry have caused falls, fractures, and brain injuries. Making matters worse, however, Ms. Williams also apparently falsified the CNA accountability record (part of the nursing home chart) to conceal the fact that she attempted the transfer on her own.

As a result of the Medicaid Fraud Unit prosecution, Ms. Williams has been sentenced to a one-year conditional discharge with special conditions of surrendering her CNA certificate and refraining from caring for any incompetent person whether due to age, physical disability, or mental disease or defect.

We have handled many nursing home cases where records have been falsified. These types of entries call into question the integrity of the nursing home record as a whole, as well as the integrity of the staff members who made the entries. Further, it is clear that such entries would incite a jury should the case be tried.

Long-Term-Care Community Coalition Enforcement Archives, Spring 2011.

Nicole Campo, a former Licensed Practical Nurse at Medford Multicare Center in Medford, New York was recently charged criminally for neglecting an elderly resident and falsifying medical records. More specifically, LPN Campo reportedly ignored the repeated call bell of an 82 year old resident. As a result, the resident urinated in her bed and became so frustrated that she got herself into her wheelchair and wheeled herself to the nurse's station, where Campo was standing. Campo blamed a young CNA for the failure to respond to the call bell, and drafted a false statement to the facility during it investigation into the incident. The C.N.A. was subsequently fired. However, the nursing home's security cameras confirmed the resident's version of events and revealed Campo's statement to be false.

As a result of the criminal charges, Campo was sentenced to three years probation with
special conditions that she refrain from employment caring for any incompetent
person (age, physical disability, or mental disease or defect) and required completion of a state-approved substance abuse program.

Website Resource:

Long-Term-Care Community Coalition Report, 3/16/10-6/15/10.

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.

The Medicaid Fraud Control Unit (MFCU), a task force run by Attorney General Andrew Cuomo, has arrested 22 current and former nursing home employees in two separate cases after footage from hidden surveillance cameras revealed alleged neglect and other conduct that endangered dependent residents. The first case involves the arrest of 14 individuals regarding incidents at Northwoods Rehabilitation and Extended Care Facility in Troy, NY. The second case involves the arrest of 8 individuals regarding incidents at the Williamsville Suburban Nursing Home in Amherst, NY.

Attorney General Cuomo explained, "With the consent of family members, we put hidden cameras in nursing homes across the state, watching over the vulnerable who often cannot advocate for themselves. My office is strongly committed to using all the tools at our disposal to make sure people are getting the medical treatment and the care they deserve."

The hidden cameras at Northwoods Rehabilitation and Extended Care Facility in Troy revealed that staff routinely failed to turn and position an immobile resident, often leaving the resident in the same position for an entire shift over a six-week period. Nursing staff failed to administer medications, as well as treat the resident's bedsores (decubitus ulcers, pressure sores). In addition, the nursing staff member allegedly falsified resident medical records to conceal their neglect. A physician's assistant also created a phony record of an annual medical exam that never happened.

Six Licensed Practical Nurses and seven Certified Nurse Aides were charged with multiple counts of Falsifying Business Records in the First Degree (class E felony) and Willful Violation of the Public Health Law (unclassified misdemeanor) in complaints filed in Schaghticoke Town Court. In addition, the LPNs were charged with multiple counts of Endangering the Welfare of a Physically Disabled Person (class A misdemeanor). The physician's assistant was charged with one count each of the above charges. A class E felony carries a maximum penalty of 4 years in prison and the misdemeanors carry a maximum penalty of one year in jail.

The investigation along with surveillance video taken at Williamsville Suburban Nursing Home in Amherst over a seven-week period revealed that staff routinely failed to properly transfer the resident in and out of bed, putting the resident at risk of injury. Staff was required to use a mechanical lift with the assistance of two caregivers. Video footage also revealed that one aide failed to provide range of motion therapy and two nurses failed to administer insulin, provide skin and wound treatment, and failed to check the resident's vital signs. In addition, the resident's medical records show that employees falsified records to conceal the resident's neglect and endangerment.

Two Licensed Practical Nurses and one Certified Nurse Aide were charged with Falsifying Business Records in the First Degree (class E felony) in complaints filed in Amherst Town Court. The charge carries a maximum penalty of 4 years in prison. Five other Certified Nurse Aides were charged with Endangering the Welfare of an Incompetent or Physically Disabled Person (class A misdemeanor), with a maximum penalty of one year in jail. The Certified Nurse Aide who falsified the resident's medical record failed to perform range of motion exercises on the resident's extremities, which were required to prevent muscle contracture.

Website Resource:

CUOMO'S HIDDEN-CAMERA INVESTIGATION LEADS TO 22 ARRESTS FOR PATIENT NEGLECT AT WNY AND CAPITAL REGION NURSING HOMES, NYS Attorney General, March 31, 2010.

A Kings (Brooklyn) County jury recently returned a $19 million verdict in favor of the family of 76 year-old nursing home resident, John Danzy, who developed more than 20 bedsores (pressure sores/decubiti) at Brooklyn-Queens Nursing Home. The award included $3.75 million for pain and suffering and $15 million in punitive damages. Mr. Danzy died from sepsis the source of which was the infected bedsores.

At trial, it became apparent that staff members at Brooklyn-Queens Nursing Home had falsified records in Mr. Danzy's medical chart in attempt to cover-up the neglect. In addition, the nursing home staff reportedly failed to turn and position Mr. Danzy at appropriate intervals (the standard is that those "at risk" to develop bedsores should be turned and positioned at least every 2 hours).

The jury deliberated for two days after the four week trial before returning the verdict. The verdict is reportedly the first in New York to assess punitive damages against a nursing home.

Website Resources:

Senior-home hell, NY Post, Alex Ginsberg, December 28, 2009.

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" »

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.

Staff Writers at the New York Daily News reported that between 2004 and 2008, New York State cited NYC hospitals 16 times for falsified, incomplete or missing medical records. Bellevue Hospital, Woodhull Hospital and Jacobi Medical Center were all cited over that period for "correcting" and/or simply "losing" medical records.

As we have reported previously on this site, the attorneys at Gallivan & Gallivan have represented victims of elder abuse and medical malpractice where health care providers have falsified records.

In fact, we were recently retained by a family in a nursing home matter where their family member passed away after suffering numerous falls and developing pressure sores. Our client passed away at the end of a 9 month admission. However, nurse's aides continued to document that the resident was toileted for five days after her death. In our view, this shows a blatant disregard for the welfare of patients, carelessness, and calls into question the integrity of the entire medical record.

Website Resources:

Hospital Records Were Sometimes Falsified to Cover Up Medical Mistakes; Daily News, Robert Gearty, Benjamin Lesser and Greg B. Smith, July 26, 2009.