New York Nursing Home Abuse Lawyer Blog

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.

Jean Frantz Louisme and Aniamma Alex Philip, both nurses at Rockland Psychiatric Center, were cited by the New York Board of Regents for falsifying medical records stemming from a November 27, 2007 incident. Nurse Louisme was advised by another staff member that a patient had not received Risperidone, a psychotropic medication, for approximately three weeks, as prescribed. Both nurses made entries in the patient's medical chart indicating that the prescribed medication had been administered over the time period in question.

Both nurses were placed on two years probation, fined $750, and admitted to acting with gross negligence. Nurse Philip made the following statement:

"[I] knowingly falsified the medication administration record of a patient so that it reflected the repeated administration of a medication when I knew it had not been administered."

Although it may be hard to believe, we see falsified and/or reconstructed medical records on a fairly regular basis. In fact, in two recent cases our firm handled, care was documented as being provided at nursing homes after the death of our clients. All of us at Gallivan & Gallivan are devoted to protecting the rights of the elderly. Please contact us if you or a loved one has been abused or neglected.