New York Nursing Home Abuse Lawyer Blog

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.