New York Nursing Home Abuse Lawyer Blog

A former nursing assistant in an Illinois nursing home recently admitted in court that she failed to properly ascertain the whereabouts of all residents after a door alarm sounded at approximately 2 am in the winter. Instead of conducting a bed check after the alarm sounded, the nursing assistant returned to watching television. She later conducted a bed check at approximately 5 am and found that an 89 year-old resident was missing.

The resident's frozen body was discovered in the courtyard of the facility. She had fallen and injured her chin and leg, and eventually died from hypothermia. Local police also reported that the aide tried to cover-up the incident by returning her to her bed and changing her clothes. A civil lawsuit has been commenced by the resident's family alleging nursing home neglect and abuse and wrongful death.

Gold Crest Care Center in the Bronx, New York was fined $18,712.504 for substandard nursing home care found during an August 28, 2008 inspection. The fine was levied by state inspectors for numerous deficiencies, including an immediate jeopardy finding (the most severe category).

A resident suffering from dementia with a history of wandering was allowed to walk out the front door of the nursing facility undetected. Inspectors found that a care plan for wandering was not properly implemented and that the nursing home staff failed to provide adequate supervision. The Gold Crest staff was to perform "visual checks" on the resident every hour. However, she went missing for three hours before reappearing at an area hospital.

Please contact the attorneys at Gallivan Gallivan if you or a loved one has fallen victim to elder abuse or neglect. .

Jurors awarded plaintiff Elaine Stinson $1.34 million in a California nursing home abuse and neglect case. The jury found that Leisure Palms nursing facility had recklessly neglected the plaintiff in failing to implement proper fall precautions. The plaintiff suffered three falls over a two month period, the last of which resulted in a punctured lung and three broken ribs.

In addition, after the fall, staff members placed the plaintiff back in her bed instead of sending the resident to the hospital and reporting the incident. In fact, Emergency Medical Services were not called at all by the Leisure Palms staff. Upon arrival the next morning, the plaintiff's husband called EMS once he saw his wife's condition. Surgery was performed that day at the hospital.

The breakdown of the verdict is below:
1) $88,000 for past medical bills,
2) $500,000 for pain and suffering, and
3) $750,000 in punitive damages.

Attorneys for the plaintiff have also filed a motion demanding attorney's fees, court costs and expert fees. Prior to trial, the Department of Social Services had investigated the family's complaints and cited Leisure Palms for its unsafe practices. Despite these findings, the nursing facility maintained that its staff members had acted appropriately. For more information regarding this important California verdict, please click here.

Based on a January 18, Department of Health inspection, Eastchester Rehabilitation Center in Bronx, New York was cited for failing to prevent abuse. An 88 year-old resident suffered from dementia and hypertension. She exhibited signs of an impaired memory and impaired decision-making, and had a history of wandering into other resident's rooms.

The Certified Nursing Assistant Accountability Records for the period at issue called for the resident to be monitored every half hour. However, no documentation of the half hour visual observation checks could be found in the nursing home chart. The nursing home's care plan also called for the resident to be re-directed if observed wandering. After multiple instances of wandering into other resident's rooms and one incident where the resident was struck by another resident, no new interventions were implemented by the nursing home staff.

A few months later, the resident was observed entering another resident's room and then physically thrown back out of the room. The 88 year-old resident suffered a fractured right forearm as a result. The resident was transferred to the hospital and returned with a cast from the right upper arm extending through the forearm. In addition, based on the inspection report, the resident was found twice subsequent to the fracture with unexplained ecchymosis and bruising to her left eye. However, again, no additional interventions were put in place by the nursing home to prevent further abuse.

Morris Park Nursing & Rehabilitation Center, a Bronx, New York Nursing Home, failed to keep the facility free from hazards and failed to properly supervise its residents, according to a June 10, 2008 Department of Health survey. The failures were found to place the Bronx nursing home's residents in immediate jeopardy.

Surveyors found that the call bell systems on 2 of the 5 floors were not functional. Call bells provide residents with the important opportunity to call for assistance when necessary. Without a response to a call bell, impaired residents often resort to attempting to perform tasks for which they would otherwise require assistance (eg. going to the bathroom). The surveyors also noted that potentially dangerous items were left within the reach of residents who were know to have cognitive deficits (residents known to wander). These residents has access to an unlocked electrical unit, as well as an unlocked janitor's closet.

In addition, 19% of residents considered at "high risk" for pressure sores (bed sores, decubiti) were determined to have pressure sores (national average = 12%) and 26% of "short-stay" residents had pressure sores (national average = 14%). Morris Park recieved 38 total deficiencies (state average = 24).

Attorneys at Gallivan & Gallivan are dedicated to protecting the rights of elderly New Yorkers. Please contact us if you or a loved one has been the victim of elder abuse or elder neglect.

The family of an 89 year-old nursing home resident has filed a lawsuit accusing an Illnois nursing home of failing to provide adequate supervision of their mother, resulting in her untimely death.

The resident was found outside of the nursing home facility in a nightgown. She was wearing an ankle bracelet that should have triggered an alarm when she went through an exit door. She froze to death in the facility's courtyard. The resident suffered from dementia and the family indicated that she was so weak that she could not even get dressed on her own.

Residents with dementia require a higher level of supervision. Care plans should be implemented by the nursing home to ensure that residents with dementia are monitored regularly and that appropriate safeguards are utilized. At Gallivan & Gallivan, we are committed to protecting the rights of the elderly, our most vulnerable citizens. If you or a loved one was the victim of the neglect of a New York nursing home, please contact us for a free consultation.

Website Resources:

Family sues Itasca nursing home over cold-related death of woman, 89, Chicago Tribune, Robert Mitchum, February 12, 2009.

Norwegian Christian Home and Health Center, a nursing home in Brooklyn, NY, was cited for failing to ensure that residents received adequate supervision. Based on an inspection by the Department of Health on August 6, 2008, a 93 year-old male resident eloped (wandered) from the facility undetected through a door that failed to alarm and staff were unaware the resident was missing.

Although the nursing home's care plan called for providing ID bands/pictures at security
post, 15 minute visual checks and the use of a wander guard on the resident's left ankle, the resident went missing at approximately 10:30 am. Fortunately, at approximately 1:00 pm, the resident was found sitting on a stoop in the neighborhood and was taken to the hospital. The resident resident was not wearing his ID bracelet and had not been observed by the nursing staff since 9:30 am (despite the need for 15 minute checks).

As a result of this incident, the Department of Health found that:

A. The facility failed to ensure that front desk personnel and security officers responsible for
monitoring the door access system were trained regarding the purpose, function and operation of the system; and
B. The facility failed to implement policies and procedures to ensure that facility staff provide supervision to residents who were identified as being at risk for elopement.

Luckily, the resident was not injured. However, the facility received the most serious type of citation (Immediate Jeopardy) due to the potential severity of injury to the resident.

The attorneys at Gallivan & Gallivan have handled matters where the elopement of a nursing home resident has resulted in serious injuries. Please contact us if you or a loved one has been injured due to a nursing home's failure to provide adequate supervision to its residents.

Many states are considering using "silver alerts" (similar to the amber alerts used missing children) in attempt to find elderly individuals who have gone missing. Many individuals suffering from dementia and/or Alzheimer's wander as part of their disease process. The Alzheimer's Association estimates that 6 of 10 adults suffering from Alzheimer's will wander away from their caregivers at least once. In the nursing home setting, wandering without appropriate supervision often leads to falls.

The "silver alerts" would be used to notify law enforcement and the general public through media outlets in order to spread the word of the missing person. Last week, Connecticut's State Senate endorsed a proposal to introduce the use of "silver alerts." It is unclear whether similar measures are being contemplated here in New York.

Website Resources:

States consider 'Silver Alerts' for missing adults, Journal News (Associated Press), May 3, 2009