New York Nursing Home Abuse Lawyer Blog

Uihelm Nursing Home in Lake Placid, New York was recently fined over $75,000 by the Centers for Medicare & Medicaid Services following a New York State Department of Health survey. The surveyors found nine violations that constituted immediate jeopardy to residents' health and safety, one violation that caused actual harm to residents and three that had the potential for more than minimal harm.

The vast majority of the violations stemmed from the death of an 81-year-old male resident due to a medication error. The man was reportedly admitted to the nursing home facility from a nearby hospital in Saranac Lake. Upon discharge from the hospital, 0.125 milligrams of Xanax, an anti-anxiety drug, every two hours was mistakenly transcribed as 1.25 mg every two hours by an Uihelm staff member.

The resident was given two 1.25 mg doses of Xanax and fell into a coma. Five hours then passed before the situation was reported to a physician.

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Uihlein draws major fine, Adirondack Daily Enterprise, Jessica Collier, June 17, 2009.

In a March 9, 2009 survey conducted at Rivington House - The Nicholas A. Rango Health Care Facility , a Manhattan (NYC) nursing facility, surveyors found that the NYC facility failed to develop and implement policy and procedures to track and monitor laboratory orders and results. The 52 year-old resident that was the subject of the investigation was admitted to the facility with a medical history of Coronary Artery Disease, status post a bypass graft, and Hypercholesteremia.

The resident had been prescribed Coumadin for DVT prophylaxis after the bypass graft surgery. However, PT/INR (Prothrombin Time/ International Normalized Ratio) tests were not performed for two consecutive weeks as ordered. Once recognized, the resident was admitted to the hospital with critical lab values, and then subsequently expired at the hospital due to a cerebral hemorrhage.

The surveyors found that the NYC facility had no system in place to ensure that all physician laboratory orders, specifically standing orders, are completed. They also found that Rivington House failed to implement a system to ensure that the labs were actually drawn and the results subsequently obtained. As a result of the surveyors' findings and the facility's neglect, Rivington House was fined $45,750 in federal sanctions.

According to a 2008 poll conducted by the American Nurses Association, 73% of nurses polled do not believe the staffing on their unit or shift is sufficient. Over 10,000 nurses nationwide were surveyed. The survey also found the following:

• 59.8% of the nurses polled knew of someone who left direct care nursing due to concerns about safe staffing;
• Of the 51.9% of nurses polled who are considering leaving their current position, 46% cite inadequate staffing as the reason;
• 51.7% of the nurses polled opined that the quality of nursing care on their unit has declined in the last year; and
• 48.2% of the nurses polled would not feel confident having someone close to them receiving care in the facility where they work.

ANA President Rebecca M. Patton, MSN, RN, explained in a recent press release, "Safe nurse staffing has been linked to more positive patient outcomes, decreased length of
hospital stay, and decreased number of medical errors and patient falls. It has also been shown to improve nurse satisfaction and decrease burnout, both significant factors contributing to nurses leaving the profession."

The New York Elder Abuse Attorneys at Gallivan & Gallivan have successfully represented many victims of abuse and neglect whose main complaint about their nursing home or hospital was understaffing. We have seen first-hand, that short-staffing can result in falls/fractures, bedsores (pressure sores, pressure ulcers, decubitus ulcers), malnutrition and dehydration, and or abuse.

If you or a loved one is being neglected due to a facility's decision not to hire an appropriate number of nurses and/or nurse's aides, please contact us for a free consultation.

A nursing home administrator at Kern Valley Hospital, Pamela Ott, has been charged with eight felony counts of elder abuse for allegedly authorizing the administration of high doses of psychotropic medications to residents in inappropriate circumstances. The court documents indicate that the medications were administered in order to keep the dementia and Alzheimer's patients sedated for the convenience of the nursing home staff.

Attorney General, Edmond G. Brown, Jr. explained, "As hospital administrator, Pamela Ott, was ultimately responsible for safeguarding the welfare of her patients. Instead, Ott abdicated her responsibility and allowed the staff of the Kern Valley Hospital to forcibly sedate patients who questioned their care."

These allegations follow charges previously filed by the California Attorney General against the former director of nursing, former pharmacist and former medical director at the same facility. The pharmacist allegedly filled the prescriptions for the psychotropic medications without orders from physicians. The administration of these medications reportedly resulted in the deaths of three residents, as well as other medical problems for additional residents.

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Criminal Charges Filed Against Former Nursing Home Admin., Bakersfield News, September 8, 2009.

La Jolla Nursing and Rehabilitation Center was cited by the California Department of Health Services in January 2009 for failing to follow a physician's orders regarding the administration of the medication, Coumadin.  According to a Department of Health Services report, the nursing home failed to conduct daily blood tests to monitor the resident's response to the medication, which is taken in order to prevent blood clots.
 
The state's review of the resident's records found that 10 milligrams of Coumadin was administered for 23 days from the time the patient was readmitted to the nursing home until January 16, 2009. The state found no lab reports to indicate that blood testing was done over that period of time. Though the nursing staff's patient care plan noted an "increased potential for bleeding secondary to the use of anti-coagulant," there was no evidence the tests were performed.
 
On January 16, 2009, the resident was transferred to a hospital emergency room and treated for massive bleeding in the brain. Physicians concluded that the patient died do to intraventricular hemorrhage and excessive anticoagulation levels.

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La Jolla nursing home is cited after death of patient
La Jolla Light, March 21, 2006