New York Nursing Home Abuse Lawyer Blog

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.

A Certified Nurse Aide, Dawn Andrews, was recently sentenced to three years probation and 200 hours of community service for neglecting a New York nursing home resident in in a Clinton County facility. CNA Andrews reportedly left a resident with dementia
alone during toileting in violation of the care plan posted on the resident's door. The
resident fell to the floor and suffered a fractured hip.

This is a common fact pattern in many nursing home neglect cases that involve falls result in fractures. In numerous cases our office has handled, residents have either been left unattended while being toileted or simply ignored and left to attempt to walk from their bed to the bathroom on their own despite being at "high risk" for falls. In many instances the problem stems from understaffing on the part of the operators of the nursing home, and is often not the individual employee's fault. In those scenarios, there are simply not enough employees to ensure the safety of the nursing home residents.

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.