New York Nursing Home Abuse Lawyer Blog

Morningside House Nursing Home in Bronx, NY was fined $55,412.50 as a result of an October 26, 2009 survey conducted by state and federal investigators, according to a Long-Term-Care Community Coalition report. The original fine was 35% higher (approximately $75,000.00), but was reduced when the facility waived its right to a hearing on the issues raised in the survey.

According to the survey findings, Morningside House failed to ensure that an investigation was conducted for a resident sustained a left ankle fracture which was an injury of unknown origin. As a result of no investigation, the facility did not discover the cause of the nursing home injury or put into effect steps to prevent future similar incidents.

The facility failed to ensure that the residents were protected from environmental hazards, specifically, the potential for burns and scalding injuries related to excessive hot water temperature. In addition, the facility failed to maintain water temperature within the acceptable range of 90-120 degrees Fahrenheit. This was evident in 8 community showers and bathrooms and 4 pantry room sinks located in 1 of 2 resident care buildings, which had the potential to affect the 141 residents who are ambulatory and independent, and those requiring toileting assistance.

Morningside House was also cited for failing to ensure that nurse aides are able to demonstrate competency in skills and techniques necessary to care for residents'
needs, as identified through resident assessments, and described in the plan of care.

Morningide House received 36 deficiencies, 7 of which were related to actual harm or immediate jeopardy, the most serious category of deficiencies available to surveyors.

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.

Website Resource:

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

New Rochelle, New York nursing home, Sutton Park Center For Nursing and Rehabilitation, was fined $32,630 based on findings from a June 18, 2009 NYS Department of Health survey, according to the Long-Term-Care Community Coalition's spring 2010 newsletter. According to the NYS surveyors, the nursing facility failed to provide necessary care and services that meet acceptable standards of clinical practice.

The facility failed to ensure staff members were knowledgeable of resident's advance directives and knowledgeable of the facility's cardiopulmonary resuscitation (CPR) procedure. The administration of the home failed to develop and implement effective policies and procedures for responding to emergent situations. Sutton Park reportedly had three different policies and procedures for CPR.

Additionally, the facility failed to ensure that adequate CPR trained staff were present on all shifts. More specifically, a staff member failed to provide CPR when a resident was found unresponsive and identified by the LPN with advance directives for resuscitation.

The Long-Term-Care Community Coalition's Spring 2010 report on nursing home enforcement actions was recently released. According to the report, the following New York nursing homes were sanctioned by the federal government for failing to comply with quality care requirements. The amount of the civil money penalties, as well as the date of the inspection that lead to the punishment are also listed below. We will discuss some of the specific incidents of nursing home neglect and abuse that resulted in the penalties in later posts.

Adirondack Medical Center-Mercy Tupperlake 10/1/09 $2,600

Central Park Rehabilitation and Nursing Center Syracuse 5/26/09 $3,750

Chase Memorial Nursing Home New Berlin 7/29/09 $7,450

Countryside Care Center Delhi 8/20/09 $28,695

Dumont Masonic Home New Rochelle 7/16/09 $6,500

Elant at Brandywine, Inc. Briarcliff Manor 9/2/09 $38,150

Franklin County Nursing Home Malone 6/26/09 $3,250

The Hamptons Center for Rehabilitation and Nursing Southampton 9/16/09 $6,500

Jewish Home and Hospital Bronx Division Bronx 6/23/09 $39,260

John J. Foley Skilled Nursing Facility Yaphank 5/6/09 $29,997.50

Loretto-Oswego Health and Rehabilitation Center Oswego 5/11/09 $19,110

Loretto Utica Residential Health Care Facility Utica 4/6/09 $3,575

NYS Veterans Home at St. Albans Queens 6/29/09 $50,175

Northwoods Rehabilitation and ECF-Hilltop Niskayuna 7/1/09 $46,800

Ontario County Health Facility Canandaigua 6/1/09 $4,550

Rosewood Heights Health Center Syracuse 5/6/09 $5,500

Sutton Park Center for Nursing and Rehabilitation New Rochelle 6/18/09 $32,630

TLC Health Network Lake Shore Hospital Nursing Facility Irving 7/22/09 $1,625

Wellsville Manor Care Center Wellsville 8/6/09 $4,550

Westmount Health Facility Queensbury 5/14/09 $31,297.50

Two Essex county, NY nurses have been arrested for causing severe trauma to a quadriplegic patient during a catheter change and failing to perform or seek medical treatment for hours. Anne Marcotte, a 49 year-old Licensed Practical Nurse, and Billi Jo O'Donnell, a 38 year-old Registered Nurse, are charged with reckless endangerment in the second degree, endangering the welfare of an incompetent or physically disabled person, and willful violation of health laws, all misdemeanors.

The alleged incident occurred at Horace Nye Nursing Home in Elizabethtown in November of 2008 when Marcotte negligently performed a catheter change. Although the change caused the resident to bleed profusely, Marcotte did not seek medical attention for the resident for over 6 hours. In addition, O'Donnell failed to assist despite being aware of the injury. The bleeding continued for two weeks and the resident had to hospitalized twice over a two week period. While hospitalized, the resident expelled numerous blood clots and lost a substantial amount of blood causing physicians to order two blood transfusions and antibiotics.

Attorney General Cuomo stated, "A care-dependent quadriplegic patient suffered immensely because the nursing staff allegedly botched a routine procedure and then failed to provide or seek adequate medical care for hours. Protecting vulnerable New Yorkers and combating patient abuse will continue to be a major priority for this office."

Website Resource:

ATTORNEY GENERAL CUOMO ANNOUNCES ARREST OF TWO ESSEX COUNTY NURSES FOR PATIENT ABUSE, Office of the New York State Attorney General - Media Center, January 15, 2010.

New York State Veterans Home in Queens (NYC) received immediate jeopardy deficiencies (immediate jeopardy are the most severe) resulting from incidents of substandard quality of care for failing to keep the facility free from accident hazards, and for failing to implement policies and procedures related to resident smoking practices. These findings were part of a June 29, 2009 NYS Department of Health survey.

The surveyors found that the Queens nursing home staff and administration failed to implement appropriate policies and procedures related to resident smoking practices; failed to adequately assess/reassess the residents smoking abilities and update care plans; failed to provide supervision for residents who smoke in the designated smoking areas; failed to ensure that the residents were utilizing the appropriate receptacle to extinguish cigarettes/smoking materials; and failed to ensure that the designated smoking area was maintained free of litter of cigarettes butts.

As a result of the deficiencies, New York State took the following action according to a Long-Term Community Care Coalition report:

1) Civil Money Penalty: State recommends to CMS;
2) State Monitoring: state sends in a monitor to oversee correction;
3) Directed Plan Of Correction (DPOC): A plan that is developed by the State or the Federal regional office to require a facility to take action within specified timeframes. In New York State the facility is directed to analyze the reasons for the deficiencies and identify steps to correct the problems and ways to measure whether its efforts are successful;
4) In-Service Training: State directs in-service training for staff; the facility needs to go outside for help; and
5) Denial of Payments for New Admissions (DoPNA): Facility will not be paid for any new Medicare or Medicaid residents until correction is in place.

Beth Abraham Health Services, a Bronx (NYC) nursing home facility, was recently fined $21,150 by the federal government based on findings of substandard care in a April 27, 2009 inspection, according to a Long-Term Care Community Coalition report. The facility was sanctioned due to its failure to properly monitor and act upon a 66 year-old resident's PT/INR levels.

The staff at the Bronx facility failed to obtain PT/INR readings for a 7 day period. The resident was administered her normal Coumadin doses over the 7 days. Coumadin is an anticoagulant with a known risk of causing bleeds. The resident presented at a nearby hospital with critical lab values (an INR of 10 - normal range is 2-3), and then died at the hospital 2 days later from a bleed in the brain.

The facility was also cited for not having a written policy in place regarding the reporting of critical lab values.

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.

Four additional employees at a Long Island, NY nursing home, Medford Multicare Center, have been arrested and charged with endangering the welfare of a patient and falsifying business records in order to conceal neglect. Two of the arrests were made as part of the New York State Attorney General's ongoing use of hidden cameras.

Attorney General Cuomo stated, "Today's arrests highlight this office's ongoing effort to investigate and prosecute individuals who shamelessly mistreat Long Island's most vulnerable patients. My office will continue to use innovative techniques, including surveillance cameras, to expose and bring to justice anyone jeopardizing those who cannot care for themselves. Let me be clear that this is an ongoing, expanding investigation and the charges brought today underscore my commitment to protect elderly patients at nursing homes across the state."

LPN Janet Coleman, 49, of Moriches, New York, allegedly, among other instances of neglect, allegedly falsified medical records to conceal the fact that she failed to provide treatment to a resident's gastrostomy tube site. CNA, Marie Pierre, 35, of Elmont, New York, allegedly failed to perform Range of Motion exercises on a resident to prevent his muscles from contracting; failed to turn and position a resident to prevent skin breakdown and pressure ulcers (bedsores, decubitis ulcers); and failed to change a resident every two hours.

Another CNA, Paulette George, allegedly failed to bathe a resident for weeks and falsified records to indicate that the resident had been showered. LPN Kim Purdum, 36, of South Beach, New York, allegedly falsified a resident's chart to conceal that she had not performed necessary blood tests to monitor dosage of Coumadin, a blood thinning medication. The lack of this routine testing and monitoring resulted in the resident suffering internal bleeding and extensive external bruising.

Website Resources:

New York State Attorney General, Cuomo's Hidden-Camera Investigation Nets More Employees of Medford Multicare Center for Endangering Patients and Falsifying Records to Conceal Neglect, October 30, 2009.

Continue reading "NY Elder Abuse: Attorney General Uses Hidden Cameras To Bring Charges Against Four Long Island (NY) Nursing Home Employees" »

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" »

The Centers for Medicare and Medicaid Services have given East Haven Nursing & Rehabilitation Center in the Bronx, NY its lowest rating (one out of five stars) due to below average findings in three categories: 1) health inspections, 2) nursing home staffing and 3) quality measures. Based on a June 15, 2009 survey, the Bronx facility was found to have failed to provide each resident with the highest quality of life possible, failed to provide professional services in accordance with each resident's written care plan, and failed to meet a professional standard of quality.

More specifically, the Bronx facility failed to monitor resident's bowel status to prevent fecal impaction, which resulted in actual harm to the resident.

Continue reading "East Haven Nursing Home In Bronx (NYC) Receives Lowest Rating From CMS" »

Terrace Health Care Center, a Bronx (NYC) nursing home, was cited in a May 27, 2008 survey for failing to supervise and monitor a resident who was able to elope from the facility for a twelve and half hour period without being noted as missing. The resident had a history of illicit drug use and had previously requested a five hour pass numerous times. The resident was not noted as missing at any of his meals, rehabilitation sessions, medication distribtion, or on any rounds made by nursing staff.

The resident had not been assessed for his propensity to elope and no care plan had been implemented in order to prevent him from eloping. Even more startling, investigators interviewed the Director of Nursing, Assistant Director of Nursing, MDS Coordinator, Quality Assurance Manager, and Assistant Administrator as a group, and when they were asked how residents are assessed for elopement, no one could provide a response. Furthermore, the surveyor was provided a Policy and Procedure titled "Criteria For Risk Assessment 'Wandering' or 'Elopement' and the Care Plan Process" dated 5/19/08. There form had no initial date or revision date posted on it. The incident in question occurred on 5/14/09, five days before the initiation of the policy.

As a result of the investigation, the surveyors found that the facility failed to have a system in place to assess all residents for risk of elopement, which resulted in Immediate Jeopardy and Substandard Quality of Care to Residents. The Bronx nursing home was fined $8,000.00.

Failing to properly assess residents for their risk of wandering or eloping can lead to serious injuries, and is a form of nursing home neglect. Please contact Gallivan & Gallivan for a free consultation regarding your potential nursing home neglect or abuse matter.

The New York State Medicaid Fraud Control Unit (MFCU) was established over 30 years ago with the intent to protect the New York's most vulnerable patients from elder abuse
and neglect. The MFCU's mission remains the same today. The MFCU, under the direction of Attorney General Andrew Cuomo, has published a brochure, "Protecting Patients From Abuse and Neglect", which discusses the types of investigations the office undertakes in nursing homes, the types of crimes providers can be charged with, how to contact the office and ways you can be helped if you have suffered abuse or neglect.

To report elder abuse or neglect, please call the New York State Attorney General's Office at (800) 771-7755 or the New York State Department of Health at (888) 201-4563.

The attorneys at Gallivan & Gallivan support the work of the MFCU and likewise are dedicated to protecting New York's most vulnerable citizens. If you or a loved one has been the subjected to abuse or neglect in a nursing home or assisted living facility, please contact us. We aggressively pursue compensation for victims of elder abuse or neglect.

Waterview Nursing Home in Queens, New York has been fined $30,582.50 stemming from findings of a September 25, 2008 inspection conducted by state and federal surveyors. The survey findings indicate that the facility failed to supervise resident smokers. The facility also failed to reevaluate the resident smokers in order to determine whether they had the ability to smoke in a safe manner.

The facility was cited for violating 42 CFR §483.25(h), which requires nursing home facilities to ensure that the resident environment remains as free of accident hazards as is possible; and each resident receives adequate supervision and assistance devices to prevent accidents.

The surveyors found that 20 of the 21 residents sampled were not properly supervised by nursing home staff. Many residents had burn holes in their clothing and additional residents were witnessed dropping ashes on the floor near paper products. As a result, the facility was cited for providing substandard care and placing the residents (not to mention other building occupants) in immediate danger.

A former charge nurse at a Central New York nursing home, Maura Quinn, is alleged to have been involved in the abuse of an elderly resident. She has been formally charged with endangering the welfare of an incompetent or physically disabled person and willful violation of various health laws. All charges were filed following an investigation by the New York State Attorney General's Office.

It is alleged that during a shift in January of last year, a 93 year-old terminally ill patient with a history of colon cancer, chronic renal failure, hypertension, anemia, and pneumonia complained of pain persistently. The charge nurse was allegedly notified by other staff members, but she failed to assess the resident. After a shift change, the new charge nurse immediately contacted a physician. Pain medication was provided, however, the resident died later that evening.

Attorney General Cuomo commented, "This nurse's alleged actions are heart wrenching. Family members must trust medical professionals to act properly when caring for loved ones in their most vulnerable state. In this case, the nurse allegedly ignored not only her obligation to the patient and his family - but also the pleas of her fellow co-workers to help ease the patient's pain. Such conduct is not tolerated by this office, and we will continue to aggressively hold individuals who neglect and abuse their patients accountable."

Website Resources:

ATTORNEY GENERAL CUOMO CHARGES ONONDAGA COUNTY NURSE WITH NEGLECTING A TERMINALLY ILL CANCER PATIENT IN THE FINAL HOURS OF HIS LIFE, New York State Attorney General Media Center, September 16, 2009.