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The attorneys at Gallivan & Gallivan provide effective, aggressive representation to individuals injured in the New York area. Our priority is to maximize the recovery of our clients injured due to the neglect of others.

Attorney General Eric Schneiderman has charged a Pawling nurse with failing to administer medication to three residents at Putnam Ridge Nursing and Rehabilitation Center in Brewster, New York. Further, not only did the nurse, Stacey McAdams, fail to administer the necessary medication to the elderly residents at the nursing home, she also falsified medical records to conceal her actions. For these actions, the Attorney General has charged her with three counts of first-degree endangering the welfare of an incompetent or physically disabled person and three counts of falsifying business records.  In addition to these felonies, the nurse was also charged with three misdemeanor counts of a willful violation of health laws.

gavel1-300x200The charges, which were filed on October 26, 2017, allege that McAdams failed to provide medication to three different residents. She failed to provide an anti-seizure medication to a resident with a history of seizures. She also failed to provide an anticoagulant medication to a patient with a history of blood clots and a heart medication for an elderly resident with congestive heart failure and obstructive pulmonary disease. Then, according to the New York State Attorney General, McAdams intentionally falsified the records to show that each of these residents had received their medication.

“Nurses have a fundamental duty to properly administer essential medications to residents in their care and to truthfully record the circumstances,” said Attorney General Schneiderman. “Neglecting care for our most vulnerable citizens will not be tolerated by my office.” Continue reading

A Bronx nurse’s aide has been convicted of three counts of willful violation of public health law and three counts of endangering the welfare of an incompetent or physically disabled person. The nurse, Sandra Kerr, was convicted on December 24, 2015, for violations that occurred at Gold Crest Care Center, a nursing home in Bronx, New York.

The conviction stems from Kerr’s vicious treatment of an elderly resident of the facility. The resident, whose name is protected for privacy purposes, physically struck an elderly resident whose Alzheimer’s disease is so advanced that is unable to verbally communicate. The horrific case of elder abuse came to light because of the elderly woman’s granddaughter who installed a “hidden video camera” in her grandmother’s room.

Suspecting that her grandmother may be mistreated, the victim’s granddaughter, Diana Valecam-300x225ntin, said that “when I actually saw [the abuse] I was horrified and heartbroken.” When she had previously told Gold Crest Care Center of her concerns for her grandmother’s well-being, hospital administrators replied that her grandmother was hurting herself. Continue reading

A recent study by Health Affairs shows that elderly Americans enrolled in Medicare Advantage plans are more likely to end up at a lower-quality nursing home or assisted living facility, compared to senior citizens with traditional Medicare coverage.

elderly-couple-300x264A Medicare Advantage health insurance plan is an increasingly popular alternative to traditional Medicare plans. A Medicare Advantage plan is a health insurance plan that is run by a private health insurance company, and these types of plans “must offer coverage that is comparable to original Medicare parts A and B,” according to U.S. News World & Report. In forgoing the traditional Medicare plan, elderly Americans who choose a Medicare Advantage plan may pay nothing more each month, or they may choose a pricier plan that has better coverage. Like other private health insurance plans, and unlike the pay-for-service system utilized by traditional Medicare plans, there can be deductibles, monthly premiums, and co-pays. Continue reading

New York Attorney General’s Office has arrested two nurse aides for allowing an elderly patient with dementia to leave a New York nursing home facility. Attorney General Eric Schneiderman announced the charges against the two nurse aids, Janet Rose and Verlanda Paulma, of White Plains Center for Nursing Care. Both nurses are charged with endangering the welfare of a physically disabled person, and if convicted, could face up to five years in jail.

 

According to the Attorney General, video footage shows the 74-year-old resident leaving through an unlocked door shortly before 8:00 PM on May 26, 2017. The nurses then neglected to perform the mandatory safety checks on the nursing facility’s residents evpexels-photo-101808-300x200ery 15 minutes. Between 8:00 PM and 9:30 PM, no one at White Plains Center for Nursing Care noticed the resident has left the facility. According to the indictment, Rose falsely recorded that the safety checks were performed during this time period. For that reason, Rose also faces a felony charge of Falsifying Business Records in the First Degree.

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A man walked into a Jewish nursing home in the Bronx last Saturday where he attacked and robbed an elderly man on his birthday. According to the NYPD, hate crimes against Jewish people in New York are up nearly 29 percent in 2017. That means that hate crimes against Jewish people now comprise 29 percent of all hate crimes in the city.elderly-man-abused-300x169

On December 2, Alen Califano apparently told the security guard at the door of The New Jewish Home University Avenue Assisted Living that he needed to use the restroom. After being allowed into the building by the security guard, he began searching through the rooms of different residents and eventually made his way to the fourth floor of the building. Continue reading

A new report details the chronic deficiencies in nursing home care and its effect on the elderly and disabled Americans that live in these facilities. The report, published by the Long Term Care Community Coalition, details nursing home facilities that are woefully understaffed and failing to meet the needs of its residents. Because nursing homes receive funds by Medicare and Medicaid, they are largely regulated by the government. The report, consequently, mostly blames bureaucratic incompetence and under-funding for its failure to effectively monitor these facilities.

According to the report, the breadth and consequences of the government’s failure to take care of our elderly and disabled are vast. As the so-called “Baby Boomers” enter into their twilight years, an estimated 40 percent of Americans will at some point spend time in a nursing home that is subject to federal oversight.

A substantial portion of the problem is blamed on the so-called “yo-yo” phenomenon. This occurs when a nursing home or other assisted living facility is found to be out of compliance, but then only corrects the problem temporarily. In an effort to fix the problem, The Center for Medicare and Medicaid Services (CMS), created the Special Focus Facility Program (SFF) which was meant to monitor facilities that have racked up multiple compliance violations. Because of under-staffing and insufficient funding and a requirement that states help fix the problem, the program has failed to fix the problem. Continue reading

All nursing homes that receive more than $10,000 are required by federal law to report any suspicion of crimes against their elderly residents. While there have been reporting problems, the Department of Health and Human Services has vowed to increase enforcement of these federal regulations.

The mandatory reporting requirement, originally a part of the Affordable Care Act, more colloquially known as Obamacare, has two main provisions – both of which carry heftier fines as of November 28, 2017. A violation of these laws can result in a fine of up to $221,000. If the failure to report the suspected crime results in more harm to the resident, the fine increases to $331,000. The assisted living facility will also be fined for retaliating against any employee or resident that reports a suspected crime. The maximum fine allowable for a retaliatory measure is $221,000. Continue reading

A lawsuit in New York claims that a nursing home’s residents were forced to lie in their own feces and urine for extended periods of time. The class action suit filed in Syracuse, New York claimed that potentially hundreds or thousands of patients may have been affected by the nursing home, James Square Health and Rehabilitation Centre. Unfortunately, this is just another nail in the coffin at James Square, which has a long history of poor patient care.

IV-DRIP-159x300The lawsuit alleges that the nursing home and assisted living facility is unsafe and understaffed. The report points to the death of Theresa A. Farrugio who died at the facility in 2015. According to the lawsuit, after Farrugio fell down the facility’s employees then put her back in her chair and gave her a sedative without taking any of her vitals. She was “left to fend for herself,” according to the lawsuit. When her son arrived the next day, he took her to the hospital where she was diagnosed with “respiratory failure, pneumonia, acute renal failure and a urinary tract infection.” She died at the hospital only days later from problems that could have been prevented if the nursing home had provided her with adequate care. Continue reading

A scathing report by the Office of Inspector General shows that 25 percent of nursing home abuse cases go unreported. Of these unreported cases, 80 percent involved an allegation of sexual abuse or rape of an elderly person. The Center for Medicare and Medicaid Services (CMS) has promised to do more to identify abuse and neglect, and step up its enforcement whenever it occurs.

missing-patient-300x196According to CBS, this horrific problem has two main causes. First, CMS lacks the procedures and protocols necessary to ensure nursing homes are reporting abuse. Second, in the rare case that a nursing home does run afoul of the law – the fines are so insignificantly small that its cheaper for businesses to just pay the fine, rather than increase staff or the quality of their retirement home. Continue reading

A report by Mobilization for Justice has shined a light on how the popular use of “day passes” at nursing home facilities have been used to confine their elderly residents and limit their freedom. Originally intended to keep track of their elderly residents, most nursing homes required patients to attain a “day pass” whenever they would like to leave the facility. According to critics, this can leave elderly residents feeling like confined prisoners– only being allowed to leave at the discretion of their nursing homes.

The “day passelderly-couple-300x264” policy, while common in most nursing homes, also varies significantly in its implementation. Some nursing homes may restrict hours that their residents can leave the facility, others may issue unclear guidelines for when a day pass may be approved, or apply them arbitrarily to different residents. According to the Mobilization for Justice, other assisted living facilities require residents to provide detailed information about their whereabouts, or may require the resident to be joined by an escort. Some even force residents to be “cleared” by a physician to ensure they are in a clear, capable state of mind to leave the nursing home. Continue reading

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