New York Nursing Home Abuse Lawyer Blog

The NYS Attorney General's Medicaid Fraud Unit recently arrested Pamela Davis, a Licensed Practical Nurse at Riverdale Nursing Home in Bronx, New York, on charges of elder abuse. Nurse Davis allegedly struck a 75-year old resident in the back with her keys and kicked him in the buttocks. According to a Long-Term-Care Community Coalition Report, on February 8, 2010, Nurse Davis was sentenced to a conditional discharge and required to complete 5 days community service as a result of the incident.

Stemming from an elder abuse investigation conducted by the New York State Attorney General, a Certified Nursing Aide at Utica Center for Nursing and Rehabilitation was recently placed on three years probation and was forced to surrender her C.N.A. certificate. The NYSAG investigation revealed that while assisting another CNA help an 80 year-old resident in the shower, C.N.A. Rhonda Woodson flicked the resident's ear and nose, sprayed water up the resident's nose, and slapped the resident's head.

Website Resource:

Long-Term-Care Community Coalition Quarterly Report, Winter 2009.

The family of a resident at a California nursing home, Fillmore Convalescent Center, was recently awarded $7.75 million in a case involving nursing home abuse. The resident was a 71-year-old stroke victim.

The attorneys for the resident and her family showed the jury a secret videotape of the woman being abused. Members of the residents family became suspicious after they noticed that their mother was bruised. They complained to management at the facility, but apparently the facility failed to investigate. As a result, the family took it upon themselves to set-up the hidden camera.

She videotape reportedly showed a member of the nursing staff slapping the resident, pulling her around by the hair, bending her neck, fingers and wrists, and treating her violently in a shower chair. The jury deliberated for two days before announcing the verdict: $2.75 million in actual damages and $5 million in punitive damages.

Website Resources:

$7.75 million awarded in abuse case - Elderly victim a patient at Fillmore facility, Ventura County Star, Stephanie Hoops, December 11, 2009.

A former nurse's aide in a New York nursing home has been accused of abusing an 88 year-old resident who suffers from dementia and visual impairments. The former aide is accused of hitting, grabbing and punching the woman last October, leaving her with a broken collarbone and facial bruising. The abuse allegedly occurred in the Adirondack Medical Center's Mercy Nursing Home.

The nursing home facility reported the incident as required under New York law. The Attorney General's Office has charged the former aide with second-degree endangering the welfare of a vulnerable elderly person, endangering the welfare of an incompetent or physically disabled person and willful violation of health laws.

Website Resources:

Elder abuse charged at Adirondack Medical Center's Mercy Nursing Home, Denise A. Raymo, PressRepublican.com, May 14, 2009.

In February, California Attorney General Jerry Brown announced the arrest of a nurse, physician and a pharmacist of a skilled nursing facility in Lake Isabella, California. All were charged with elder abuse for forcibly administering psychoactive medications for their own convenience and for causing the deaths of three residents.

According to the website of the California Advocates for Nursing Home Reform (CANHR),

...[T]he former nursing director, is reported to have ordered staff to inject numerous residents with powerful, dangerous antipsychotic medications without any medical justification. According to the charges, groups of staff held down at least two residents and injected them with drugs that reduced them to a zombie-like state. In addition to the three deaths, other residents suffered severe medical and psychological trauma. When drugging triggered behavioral problems, even stronger drugs were ordered and administered. Many residents and family members were not informed that psychoactive drugs were being used.

The year-long investigation by the Attorney General's office was triggered by a Department of Public Health investigation in January 2007 that first documented the widespread drugging and brought a rare finding of "Immediate Jeopardy."

"These people maliciously violated the trust of their patients, by holding them down and forcibly administering psychotropic medications if they dared to question their care," Attorney General Brown said. "This is appalling behavior, which amounts to assault with a deadly weapon."

"Deadly weapon" is an apt description of antipsychotic drugs when used in this fashion. The U.S. Food & Drug Administration (FDA) has issued its most dire warning - known as a black box warning - that antipsychotic drugs cause elders with dementia to die. Although the FDA has never approved use of antipsychotic drugs to treat dementia, it is estimated that up to 40 percent of nursing home residents with dementia are subjected to antipsychotic drugs, such as Zyprexa, Seroquel, Risperdal and Haldol.

Website Resources:

Attorney General Charges Nursing Home Drugging is Assault with a Deadly Weapon, California Advocates For Nursing Home Reform, February 18, 2009.