New York Nursing Home Abuse Lawyer Blog

Two nursing homes in Missoula have settled a wrongful death lawsuit for an undisclosed amount with the family of a man that died while under nursing home care in 2005. The lawsuit claimed that both Riverside Health Care Center and the Village Health Care Center were negligent in failing to provide adequate care for Ralph Seewald. The family alleges that the care given to Seewald did not meet the standards promised by the nursing homes.

More specifically, the family contended the Mr. Seewald fell and fractured his neck during a transfer from his wheelchair, an accident that left him bedridden. He then developed severe pressure ulcers (bedsores, decubitus ulcers) that worsened over a period of months, and led to a fatal case of gangrene in his leg.

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Family settles suit against nursing homes, Billings Gazette, Tristain Scott, February 28, 2010.

More than 400 facilities called long-term acute care hospitals have opened across the national in the last 25 years. They specialize in providing care to seriously ill patients. Few of these institutions have doctors on staff, and most are owned by for-profit companies.

As As Alex Berenson of the New York Times reports, many of these for-profit hospitals have been scrutinized for their wide profit margins and lack of on-staff doctors during off-peak hours. Select Medical Corporation is a corporation that owns 89 long-term care hospitals nationwide. These facilities have been cited at a rate almost four times that of regular hospitals for serious violations of Medicare rules. Medicare inspection reports of many of these hospitals reveal preventable patient injuries, including bedsores (pressure sores decubitis ulcers) and deaths, as well as inadequate staffing numbers with high turnover.

Website Resources:

Long-Term Care Hospitals Face Little Scrutiny, New York Times, Alex Berenson, February 9, 2010.

A Kings (Brooklyn) County jury recently returned a $19 million verdict in favor of the family of 76 year-old nursing home resident, John Danzy, who developed more than 20 bedsores (pressure sores/decubiti) at Brooklyn-Queens Nursing Home. The award included $3.75 million for pain and suffering and $15 million in punitive damages. Mr. Danzy died from sepsis the source of which was the infected bedsores.

At trial, it became apparent that staff members at Brooklyn-Queens Nursing Home had falsified records in Mr. Danzy's medical chart in attempt to cover-up the neglect. In addition, the nursing home staff reportedly failed to turn and position Mr. Danzy at appropriate intervals (the standard is that those "at risk" to develop bedsores should be turned and positioned at least every 2 hours).

The jury deliberated for two days after the four week trial before returning the verdict. The verdict is reportedly the first in New York to assess punitive damages against a nursing home.

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Senior-home hell, NY Post, Alex Ginsberg, December 28, 2009.

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" »

A nursing home neglect and wrongful death case involving the development of a Stage IV bedsore (pressure sore, decubitis ulcer) has been postponed by an Oregon court until 2010. The plaintiffs in the lawsuit claim that during a 49 day admission to Evergreen Milton Freewater Health & Rehabilitation Center, Alice Train, a 90 year-old diabetic, lost the ability to walk, suffered significant weight loss, developed a severe pressure ulcer and contracted pneumonia.

Barbara Dickinson, Ms. Train's daughter, reportedly "found her mother sitting in a wheelchair soaked in her own urine." On a later date, while changing her mother's diaper, she found a wound under a dressing on her tailbone. When she removed the dressing she "discovered a wound that contained necrotic (dead) tissue and exuded a putrid odor."

Defense attorneys for Milton-Freewater requested additional time to prepare their defense.

Website Resources:
Family seeks $7.5 million in wrongful death lawsuit, East Oregonian, Phil Wright, November 17, 2009.

Continue reading "Bedsore (Pressure Sore, Decubitis Ulcer) Trial Postponed" »

Sepsis can be the result of a bedsore (pressure sore, decubitis ulcer) that is allowed to develop and progress. Sepsis occurs when bacteria enters the bloodstream through the broken skin and spreads throughout the body. Not surprisingly, then, nursing home residents with pressure sores are at risk for developing an infection, and ultimately sepsis if left untreated. Sepsis is a life-threatening condition that can lead to septic shock, a sometimes fatal drop in blood pressure and/or organ failure.

In order for sepsis to be treated effectively, immediate intervention is necessary. IV antibiotics, vasopressors and/or corticosteroids are the routine options for treatment. Unfortunately, in many cases we have seen, by the time sepsis is diagnosed after a transfer from a nursing home to a hospital, no intervention implemented by hospital physicians and staff can prevent the patient's untimely death.

Website Reources:

Sepsis - Mayoclinic

Bedsores (pressure sores): Complications - Mayoclinic

Continue reading "Sepsis And Its Relationship To Bedsores (Pressure Sores)" »

The family of an 87 year-old Orange County, NY nursing home resident recently settled a case involving allegations of dehydration, malnutrition and the development of multiple bedsores (pressure sores, decubitis ulcers) for $525,000. The plaintiff was reportedly admitted to St. Teresa's Nursing Home in Middletown, NY with a history of dementia, heart failure and hypothyroidism.

The Estate claimed that the nursing home failed to provide the decedent with appropriate hydration and nutrition over a three month period, which resulted in the development of three Stage IV bedsores (pressure sore, decubitis ulcers). The bedsores became infected and the plaintiff died from sepsis. A lawsuit was filed claiming gross negligence, medical malpractice, and violations of the New York State Public Health Law Section 2801-d.

Continue reading "Bedsore Lawsuit Against Orange County (NY) Nursing Home Settles For $525,000" »

The New York (NYC) Bedsore Attorneys at Gallivan & Gallivan have extensive experience representing individuals who have developed bedsores (pressure sores, pressure ulcers, pressure sores, decubitus ulcers) due to the neglect of hospital or nursing home personnel. The following is the first of a series of posts that will address questions we often receive from our clients regarding bedsores.

1) What is a bedsore (pressure sore, pressure ulcer, pressure sore, decubitus ulcer)?

The terms bedsore, pressure sore, pressure ulcer, and decubitus ulcer are often used interchangeably. What they refer to are areas of damaged skin and tissue that develop as a result of sustained pressure on certain parts of the body. In most instances, such sores develop on the bony prominences of the body, including the sacrum, buttocks, elbows, heels, shoulder blades and hips. The sustained pressure on the affected area disrupts blood flow causing the tissue to die.

2) What are the stages of bedsores?

The National Pressure Ulcer Advisory Panel has defined the stages. A brief explanation of each stage is below.

Stage I. An area of persistent red skin that may be itchy or painful to touch. Stage I ulcers will, in most circumstances, heal once pressure is relieved.

Stage II. The wound has broken the skin. It is now an open sore that looks similar to a blister.

Stage III. The wound has progressed down to the tissue beneath the skin. The sore may look like a crater.

Stage IV. In a Stage IV pressure sore, the damage has progressed though the skin and tissue to the underlying muscle, bone, tendons and/or joints.

3) What causes bedsores?

a) Sustained pressure
b) Friction
c) Shearing

4) Are bedsores preventable?

The short answer is that bedsores caused by sustained pressure on an area of the body are preventable. However, certain underlying conditions make people more susceptible to developing bedsores. These conditions include vascular disease, anemia, diabetes, paralysis, cancer, and spinal cord injuries. We would and do argue that if these underlying conditions are present, the hospital and/or nursing facility is obligated to ensure that they are vigilant in trying to prevent bedsores. In addition, simply because an individual is more susceptible to bedsores does not make their development excusable.

That said, there is also a condition called a venous or stasis ulcer that is not caused by sustained pressure. They are usually smaller ulcers that develop when veins fail to properly send blood back to the heart. This results in the blood flowing backward and collecting in a pool in the legs. The pooling of blood causes the skin ulcer. In most instances, these ulcers are more difficult to prevent and/or treat.

As always, the attorneys at Gallivan & Gallivan are available to answer any questions you may have about bedsores or any other form of nursing home or hospital neglect. Please contact us for a free consultation.

Website Resources:

Mayo Clinic - Bedsores (Pressure sores)

A Westchester County jury returned a $2.2 million dollar verdict against Westchester Medical Center located in Valhalla, NY and one of its physicians for allowing Eric Trainor, a 30 year-old quadriplegic and former contractor, to develop bedsores (pressure sores, decubiti) that progressed to Stage IV. Mr. Trainor was involved in a car accident on the way to a construction job back in 2005, which resulted in a spinal cord injury and quadraplegia.

From the crash site, he was taken to Westchester Medical Center where the bedsores developed. The Stage IV wounds on his back and buttocks progressed all the way down to the bone. The plaintiff argued at trial that the development of the sores delayed his physical therapy and left him without the opportunity to build upper-body strength.

The attorneys at Gallivan & Gallivan aggressively represent individuals who have developed bedsores (pressure sores, decubitus ulcers) in hospitals or nursing homes. As we have discussed on the New York Nursing Home Abuse Lawyer Blog many times before, bedsores are preventable with appropriate care in almost all circumstances. If you or a loved one has been neglected, please contact us.

Website Resources:

Crash victim awarded $2.2M for bedsores from hospital stay, Journal News, Rebecca Baker, October 5, 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.

This video developed by the American Association of Critical-Care Nurses and Envision Inc. provides an excellent, succinct explanation as to how and why pressure ulcers (pressure sores, bedsores, decubiti) develop and progress. In addition, the video stresses the importance of preventing the development of such sores through attentive nursing and medical care.

A report by Democratic Senator from Westchester and the Bronx, Sen. Jeffrey Klein, indicates that there were approximately 34,000 incidents of elder abuse in New York State in 2008. 19,301 of the incidents were reported to Adult Protective Services and the New York State Office of Child and Family Services. Of the 19,301, 5,000 of the reported incidents occurred in New York City.

The estimate of 34,000 instances of abuse takes into account an estimated number of unreported events. For the purposes of the study, "elder abuse" included physical abuse, medication errors, pressure sores (bedsores, decubiti), falls and financial abuse.

Sen. Klein explained in a press release:

"This report makes clear that our seniors are at risk and need our help. For too long there has been no coherent system for measuring the frequency of elderly abuse. My bill would change that and make one agency responsible and accountable for this critical information. With so many baby boomers nearing retirement, we need to accurately identify the scope of this issue now, so we can develop more effective prevention, protection and treatment."

Gallivan & Gallivan, Attorneys at Law provides compassionate and aggressive representation to elder abuse victims. Please contact us if you or a loved one has been a victim of elder abuse.

Website Resources:

State Senator Finds 30,000 Elder Abuse Incidents, Epoch Times, Helena Zhu, August 3, 2009.

A Georgia jury recently awarded $1,250,000 in a nursing home case to a plaintiff who suffered bedsores (pressure sores, decubiti), weight loss, infection, and eventually death while a resident. The plaintiff-decedent developed a Stage IV bedsore on her buttocks that progreesed to the point where it infected the bone. At trial, the plaintiff introduced evidence that the facility did not employ a sufficient number of nurses and/or nurse's aides in order to provide adequate care. Evidence was also introduced indicating that the facility's nurses failed to turn and position the decedent in proper intervals.

Gallivan & Gallivan provides aggressive, yet compassionate representation of victims of elder abuse and/or neglect. Please contact us if you or a loved one has suffered as a result of understaffing at nursing homes.

According to a September 23, 2007 New York Times article by Charles Duhigg, private investment firms that have purchased nursing homes have decreased staffing and overall budgets placing a premium on profits while slighting the quality of care provided to residents. Privately owned nursing homes acquired before 2006 scored worse in 12 of 14 quality care indicators that regulators use to track ailments of long-term residents, the article indicates. Those ailments include bedsores (pressure sores, decubiti) and infections, as well as the use of restraints. Prior to being acquired by private investors, many of the same nursing homes had scored significantly higher based on the same criteria.

The article also notes that these private investment companies have created very complex corporate structures in attempt to shield the nursing homes from financial liability for any neglect or abuse suffered by residents. Analysis of Centers for Medicare and Medicaid Services data indicates that the number of registered nurses at privately owned nursing homes has decreased significantly from 2000-2006.

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At Many Homes, More Profit and Less Nursing, New York Times, Charles Duhigg, September 23, 2007.

Sarah Neuman Center for Health & Rehabilitation in Westchester County, New York, was cited in a January 18, 2008 inspection survey for failing to prevent pressure sores (bed sores, decubiti) from developing on a 73 year-old resident who entered the facility without any sores and was deemed at "moderate risk" for same. The facility did not implement proper and timely interventions to prevent the development of multiple pressure ulcers. Further, the surveyors found that Sarah Neuman failed to provide timely and appropriate treatment to the pressure sores in order to promote healing.

As a result, multiple pressure sores developed on the resident's feet and ankles and progressed to Stage IV. A Stage IV designation indicates that the wounds had worsened to the point where bone, muscle and/or tendons were visible. As we have discussed on this site numerous times, pressure sores, in almost all instances, are preventable with proper and timely implementation of the appropriate measures.

At Gallivan & Gallivan, we represent elderly individuals who have been the victims of substandard care or elder abuse. Please contact us if you or your family is in need of assistance.