New York Nursing Home Abuse Lawyer Blog

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.

Bronx, NY: A lawsuit has been filed in Bronx County Supreme Court on behalf of Verda Henry, who allegedly developed a bedsore (pressure sore, decubitus ulcer) while a resident at Sutton Park Center For Nursing & Rehabilitation in New Rochelle, NY. Ms. Henry was reportedly admitted to Sutton Place for short-term rehabilitation after she fell and injured her arm. She had expected to return home within a month.

Patricia Henry, the resident's daughter, noticed the bedsore (pressure ulcer, decubitus ulcer) on her mother's tailbone (or sacrum) while she changed her mother's nightgown. Ms. Henry described the sore to Dorian Block at the Daily News by stating, "You could put your whole hand down in her back. You could see the bones and spinal cord. It was like raw meat. Mommy screamed until she couldn't scream no more."

As we have previously discussed on the New York Nursing Home Abuse Lawyer Blog, a bedsore is a wound that normally develops over a bony prominence (sacrum, heels, shoulder blades) caused by unrelieved pressure on the skin. These sores are preventable except in very limited circumstances where a patient's underlying condition causes the deterioration of the skin.

According to the resident's daughter, the Sutton Park facility was not adequately staffed. She explained, "There would be a nurse and she would run between floors and they had no time. Nobody checked on her. Nobody fed her. Every time we asked to take her home there was a reason we couldn't." Ms. Henry reportedly died after the sacral ulcer became infected.

The attorneys at Gallivan & Gallivan provide aggressive representation to individuals who develop bedsores in nursing homes, hospitals, or at home while under the supervision of nurses or nurse's aides. If you or a loved one has suffered or is suffering from the development of a painful pressure sore, please contact us.

An Orange County, NY nursing home, The Elant at Newburgh, received a citation for an incident that caused "actual harm" or placed residents in "immediate jeopardy." The details regarding the incident are not currently available, but the citation was confirmed by a statement released by the facility. Apparently the incident was investigated by state and federal regulators as part of the nursing home's yearly survey. The report is expected to be made public within the next 10 days. An "actual harm or immediate jeopardy" finding is the most severe citation nursing homes can receive.

A former employee who worked in management at the nursing home spoke to the Times-Herald Record on a condition of anonymity. He/she indicated that the citation resulted from decisions made by top management to allocate funds to acquire additional nursing homes that should have been allocated to hiring additional nurses and nurses's aides to ensure the facility was properly staffed. Unfortunately, this type of decision-making is not uncommon and is a clear demonstration of management putting "profits over people."

The New York Nursing Home Abuse Lawyer Blog will provide details regarding the incident once the survey report is made public.

Gallivan & Gallivan, Attorneys at Law, provides compassionate and aggressive representation for those who have been injured as a result of short-staffing at nursing homes. Please contact us if you or a loved one has suffered due to a nursing home's decision to put "profits over people."

Website Resources:

UPDATED: Elant at Newburgh cited for 'actual harm or immediate jeopardy', Times-Herald Record, Christian Livermore, September 3, 2009.

The Long-Term Care Community Coalition provided me with an updated list of nursing homes, including NY nursing homes, that have been identified as Special Focus Facilities (SFFs) by the Centers for Medicare and Medicaid Services (CMS). The Special Focus Facility program identifies facilities that have exhibited 1) a pattern of quality care problems, 2) more serious problems (harm or injury to residents) in comparison with other nursing homes, and/or 3) a larger quantity of deficiencies in comparison with other nursing homes. The SFF program then assists these facilities in trying to remedy their existing problems. If the facility fails to correct the problems, Medicare/Medicaid stop reimbursing them.

The SFF program divides the facilities into five categories:

1) Facilities recently added to SFF;
2) Facilities that have "improved" after being placed on the list;
3) Facilties that have "graduated" from the program (faciltiies graduate if they achieve "sustained significant improvement" over a 12 month period);
4) Facilities that have NOT improved despite participation in the program; and
5) Facilties terminated (no longer receiving Medicare/Medicaid reimbursements - as a practical matter, most of the facilties in this category have closed).

Mercy of Northern New York in Watertown, NY was recently named a Special Focus Facility, and two New York nursing homes, Central Park Rehabilitation & Nursing and Northwoods Rehabilitation at Hilltop, were found NOT to have improved after being identified as a problem facility.

Attorneys at Gallivan & Gallivan represent nursing home residents that have been neglected or abused. Nursing Home Neglect can include falls, pressure sores (Bedsores, decubiti), malnutrition and dehydration, choking incdents and/or weight loss.

New York Public Health Law § 2801-d provides a private statutory cause of action for residents of nursing homes injured as a result of any deprivation of certain "resident's rights" that cause an injury. This private right of action is cumulative and separate from any other plausible causes of action, such as medical malpractice and/or negligence. In pertinent part, the statute provides:

"Any residential health care facility that deprives any patient of said facility of any right or benefit, as hereinafter defined, shall be liable to said patient for injuries suffered as a result of said deprivation...

For purposes of this section, a 'right or benefit' of a patient of a residential health care facility shall mean any right created or established for the well-being of the patient by the terms of any contract, by any state statute, code, rule or regulation or by any applicable federal statute, code, rule or regulation."

Numerous statutes, codes and rules and regulations have been established by New York and the federal government that create a "right or benefit" established for the "well-being" of nursing home residents as referenced in Section 2801-d, including New York Public Health Law Section 2803-c, New York Compilation of Codes, Rules & Regulations Section 415, and 42 CFR Section 483.

New York Public Health Law Section 2803-c outlines the "rights of patients" in New York nursing homes. Section 415 of the N.Y. Compilation of Codes, Rules & Regulations enacts a code of minimum standards for nursing homes requiring that staff provide care within accepted professional standards. 42 C.F.R. § 483.1 is a federal regulation that provides minimum standards for nursing homes addressing all aspects of nursing home resident care including quality of life, quality of care, nursing, physician, dietary and other necessary services.

In order to obtain damages under section 2801-d, plaintiffs must prove that the nursing home's deprivation of a "right or benefit" caused the injury claimed. Punitive damages and attorney's fees may also be awarded under the statute.

The attorneys at Gallivan & Gallivan concentrate on representing clients who have claims under the New York Public Health Law Section 2801-d. If you or a loved one has been the victim of abuse in a nursing home, developed pressure sores (bedsores, decubiti), fallen, or become dehydrated/malnourished as a result of a nursing home's neglect, please contact us.