New York Nursing Home Abuse Lawyer Blog

In an effort to improve response time in investigating nursing home complaints, the Texas Department of Aging and Disability Services has created teams tasked only with looking into those claims. Based on Texas statistics, only about 35 percent of complaints categorized as having a "high potential of harm" were investigated within the required 14-day window over the past few years.

Chris Traylor, the department's new commissioner, has made to improved response times a priority. Traylor explains, "While we're doing a good job responding to the most serious complaints and incidents, I'm concerned about our ability to respond quickly to every complaint and incident. We need to do all we can to ensure the safety of Texans in nursing homes."

In February, the department says they plan on investigating more that 1,500 complaints at 330 facilities.

Website Resource:

State creating teams to investigate complaints about nursing homes, Ft. Worth Star Telegram, Darren BarbeeFebruary 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.

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" »

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.

93 year-old nursing home resident, Charles Bradley, was allegedly the victim of neglect at Everett Care & Rehabilitation in the winter of 2004. A lawsuit initiated by Bradley's family claims that staff at the nursing home failed to refer the resident to a physician when an open wound was found on his penis. According to the family, the wound was then allowed to fester for months without treatment. That wound had apparently developed as a result of an undiagnosed penile cancer. The cancer reportedly contributed to Mr. Bradley's death.

The nursing home has been cited by the Seattle Department of Health and Social Services as a result of the incident.

As always, the attorneys at Gallivan & Gallivan are available for a free consultation if you have any questions or concerns regarding the abuse or neglect of a nursing home resident.

Website Resources: Nursing home cited, sued after elderly man's genitals disintegrate, Seattle PI, LEVI PULKKINEN, October 16, 2009.

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.

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.

The Crossings, a New York nursing home, was fined $13,300 by the federal government as a result of an incident involving a choking resident. The resident was fed pancakes and sausages, both of which were cut into tiny pieces. Soon thereafter, a nurse's aide noticed the resident was not breathing and that the resident's lips had turned blue. However, the nurse's aide neglected to call a "code blue", call 911, and/or perform the Heimlich maneuver. A licensed practical nurse and a registered nurse who appeared on the scene a few moments later also failed to call 911 or a "code blue" immediately. As a result, the resident went into cardiac arrest and died at a nearby hospital.

The Crossings was cited for failing to appropriately train its employees regarding "code" situations, as well as providing care that did not meet minimum professional standards. If you or a loved one has been the victim of a choking incident that was not handled appropriately, please contact the New York Nursing Home Neglect Attorneys at Gallivan & Gallivan.

Website Resources:

Nursing home fined $13,300 - Agency says The Crossings didn't give proper care to choking resident who died, The Post-Standard, James T. Mulder, November 19, 2008.

A 90 year-old Catholic nun was tragically killed after an unsecured closet fell on her head while she was a resident at Summit Park Nursing Care Center, a Rockland County-run nursing home. Sister Mary suffered from dementia and heart disease. The freestanding wardrobe was not bolted to the wall appropriately. She was found unconscious and bleeding from her forehead. Sister Mary died soon after being transported to a nearby hospital.

It was apparently the third time a resident at the facility was injured in an accident involving one of these unsecured closets. Summit Park was fined approximately $17,000 by the Centers for Medicare and Medicaid as a result of the incident.

Website Resources:

Elderly Nun Dies In Nursing Home Closet Accident, CBS/AP, October 24, 2008.

Sutton Park Center Nursing & Rehabilitation Center in Westchester County, New York received the lowest possible rating from Medicare (one star out of five) based on a September 26, 2009 inspection. The New Rochelle facility was cited for failing to provide proper care to residents with feeding tubes and failing to provide services on par with professional standards of care. An incident that resulted in actual harm to a resident when the staff failed to ensure that the nursing home area was free from hazards was also reported.

Investigators cited Sutton Park for 47 total deficiencies. The state-wide average number of deficiencies is 24.

Ramapo Manor Center For Rehabilitation, a Rockland County, New York nursing home, received an overall rating from Medicare inspectors of "much below average." As we have previously discussed on this site, Medicare rates all New York nursing homes based on three criteria:

1) Health Inspections;
2) Nursing Home Staffing; and
3) Quality Measures.

After these three areas are analyzed an overall score is awarded. Based on a November 10, 2008 inspection, the nursing home neglected to: a) follow written care plans, b) ensure that the nutritional needs of residents were met (which can lead to pressure sores - decubiti or bed sores), c) write and use policies forbidding abuse and neglect of residents, and d) ensure that the nursing home was free of dangers that can cause accidents such as falls. In addition, Ramapo received one out of five stars based on its staff (nurses, nurse assistants) to resident ratios.

Glendale Home, a County run facility in Scotia, NY, was fined $20,800 for neglecting to toilet residents according to a Long-Term-Care Community Coalition report. When investigators interviewed residents at the facility, they were told horror stories about residents soiling themselves and/or evacuating their bowels/bladder in their beds or on the floor when calls for help were ignored.

Many of the residents and some staff members at the nursing home indicated that the facility was short-staffed, and as a result, was unable to provide proper care to residents. One resident recounted that "sometimes staff would become angry with me for calling out when they were so busy and tell me I would have to wait." The resident further explained that she often felt pain in her abdomen when no staff members responded to her calls.

Website Resources:

Nursing home fined for care lapses, Times Union, Lauren Stanforth, June 23, 2009.

Based on a 2008 Department of Health and Human Services report, 94% of nursing homes nationwide were cited for deficiencies. The report also contains evidence that for profit facilities are more likely to receive such citations. For profit nursing homes were cited for an average of 7.6 deficiencies, while not-for-profits and government facilities were cited for less (not-for-profit = 5.7 and government = 6.3). Deficiencies that caused "actual harm or immediate jeopardy" were found at approximately 17% of the nursing facilities.

The citations included findings of preventable pressure sores (bedsores, decubiti), medication errors, falls, dehydration and malnutrition, as well as neglect and abuse. 37,150 complaints were lodged about the conditions in the nations nursing homes in 2007. 39 percent of the complaints were found to be substantiated.

At Gallivan & Gallivan, we are dedicated to putting an end to nursing home neglect and abuse. Please contact us if you or a loved one has been abused or neglected.

Website Resources:

Violations Reported at 94% of Nursing Homes, New York Times, Robert Pear, September 28, 2009.