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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.

As the number of senior-citizens in New York City is expected to rapidly increase in the near-future, New York City Comptroller Scott Stringer is calling for a city-wide, long-term plan to meet the needs of New York’s senior population. Between 2005 and 2015, the number of senior citizens (those over the age of 65) rose 19.2% percent. By 2040, New York City estimates that there will be 1.4 million senior citizens living in the five boroughs. According to the Comptroller, this rising demographic will have special needs that require an agency-by-agency approach to ensure an affordable and high-quality standard of living.

New York City’s senior citizens have unique needs. From a financial standpoint, almost 40 percent depend on governmental assistance for more than half of their income. The group also tends to spend more of their income on rent than other age groups – six out of ten senior citizens spend more than 30 percent of their monthly income just paying rent. To mitigate this problem, the Comptroller proposes freezing rents for senior citizens, expanding tax credits to senior citizens that own their homes and provide services to help finance home improvements that make homes more “senior-citizen friendly.”

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A new wireless scanner may be able to detect pressure ulcers (commonly known as “bedsores”) earlier than current methods. The new technology was developed by Bruin Biometrics, a California company, and uses NASA technology. According to Bruin Biometrics, the new scanner can detect pressure ulcers up to four days earlier. Currently, pressure ulcers are mainly identified by visual inspection where nurses roll over patients and inspect their skin – a archaic and intrusive method.

Pressure ulcers are chronic wounds to a local area of skin and tissue, generally seen in patients that are bedridden or otherwise immobile. Pressure ulcers are a common, expensive, and frequently deadly medical condition. An estimated 11 percent of patients in “regulated care settings” (or, nursing homes) will develop pressure ulcers. In Ireland, pressure ulcers account for a full 4 percent of the country’s healthcare budget. Sadly, advanced pressure ulcers (stage three and stage four) can frequently be fatal and the number of fatalities caused by these ulcers is on the rise. Across the world, deaths attributable to pressure ulcers have increased almost 33 percent between 2000 and 2010.

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New York Attorney General Eric Schneiderman announced that Channel Francis had been indicted for five felonies relating to allegations that she assumed the identities of three nursing home patients and illegally used their credit cards.

Schneiderman charges that Francis obtained the information from residents of the Parker Jewish Institute for Health Care and Rehabilitation in Queens, New York around September 2013. According to Schneiderman, Francis then added herself as an authorized user on credit cards that were owned by the residents and proceeded to purchase iPads, computers, televisions, and designer purses on the three victims’ credit cards – spending between $3,000 and $4,700 on each of the resident’s credit cards. After being tipped off by the victim’ relatives of the unauthorized charges, the New York City Police Department opened an investigation into the matter.

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Samantha Grover, a Certified Nurse Aid, pled guilty to a felony for punching an 87-year-old man in the face and pushing him onto the ground. On October 18, 2016, the judge sentenced Grover to weekends in jail for four months, followed by five years of probation. In addition, her nurse aide license has been revoked.

On October 17, 2015, Grover, then an employee at James Square Health and Rehabilitation Centre in Syracuse, New York hit a nursing home resident in the face and then pushed him – causing him to fall onto a piece of furniture. The elderly victim, whose name was not released, suffered from impingement syndrome of the right shoulder and a rotator cuff strain. Witnesses reported the attack to the James Square administration, who then notified the police. After working at the nursing home for four years, Grover’s employment was terminated.

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On Christmas morning, a certified nursing assistant (CNA) at Woodbriar Health Care in Wilmington, Massachusetts improperly placed a resident in a mechanical lift when transferring her from bed to wheelchair, causing the resident to slip out of the lift and fall, breaking both her legs. The CNA attempted the transfer alone in violation of an important safety rule related to mechanical lifts.

The resident, Mary Meuse, was visited by her youngest daughter on Christmas and told by a staff member X-rays showed no broken bones. As a retired nurse who once cared for the elderly, she did not want to be hospitalized during the holiday. However, the next morning she received a phone call saying her mother was in a lot of pain and needed to be taken to the hospital immediately; the family learned of her injuries upon arrival. Continue reading

Three nursing home employees in Nassau County have been arrested in connection with the death of nursing home resident at A. Holly Patterson Extended Care Facility.  Registered nurses, Sijimole Reji and Annieamma Augustine and certified nurse aide, Martine Morland were charged with neglect and endangerment of a resident. The patient relied on a mechanical ventilator to breathe and was completely dependent on the facility’s staff.

On December 20, 2015, the wheelchair bound resident became disconnected from her ventilator, setting off audio and visual alarms to alert staff of a life-threatening situation. The three employees were at the nursing station when the alarms sounded, however they did not immediately respond. Staff ignalarm-300x200ored the resident’s alarm for over nine minutes before they attempted to provide assistance to the patient. The resident was found unresponsive and unconscious; she was then transferred to Nassau University Medical Center, where she died the next day. Continue reading

On October 18, 2016, six individuals were arrested in New York for  exploiting the financial vulnerability of nursing home residents; defendants are from Bronx, New York, Queens and Suffolk Counties. The five New York City defendants stole personal identity information from residents in order to secure cash or credit they were not entitled to; and the defendant from Suffolk County stole a necklace from a 95 year old female resident. Attorney General Eric T. Schneiderman stated it is “reprehensible for caregivers to steal from defenseless residents in order to line their own pockets.” He continued to say his office will not tolerate financial exploitation and will vigilantly work to ensure nursing home resident’s personal and financial information is protected.  The six cases are summarized below:

  1. Diana English, Director of Social Services at Far Rockaway Nursing Home in Queens – Allegedly removed an elderly resident from the home and took him to his bank to withdraw money without the required medical clearance on June 24, 2015. The resident withdrew $500 from his account and gave it to the director; this occurred several times. The resident passed away the following month; English accessed his account with his PIN number and stole $1,200 from his account. The resident suffered from an anxiety disorder, physical issues due to hip replacement surgery, short and long term memory deficits , cognitive deficits and was unable to care for himself. She was arraigned in New York City Criminal Court – Queens County and is being charged with Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, Grand Larceny in the Fourth Degree, and Falsifying Business Records in the First Degree.
  2. Sandra Rivera-Tapia, Director of Social Work at Holliswood Center for Rehabilitation and Healthcare in Queens – Allegedly obtained a resident’s ATM card and PIN number and stole $7,418 from the account. The money was acquired by making several cash withdrawals from various ATM’s in her neighborhood and throughout New York City, as well as store purchases on the card. The resident suffered from schizoaffective disorder, obsessive compulsive disorder, sublaxation of the right hip, chronic kidney disease, diabetes and hypertension and was unable to care for himself. She was arraigned in New York City Criminal Court – Queens county and charged with two counts of Grand Larceny in the Third Degree, Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, and Unlawful Possession of Personal Identification Information in the Third Degree.

The American Health Care Association (ACHA) filed a lawsuit against the Centers for Medicare and Medicaid Services (CMS) on Monday, October 17 in the U.S. District Court for the Northern District of Mississippi. The suit was filed after CMS finalized a regulation barring nursing homes from forcing residents to enter into arbitration agreements. ACHA and four long-term care providers filed a lawsuit against the secretary of Health and Human Services as well as the acting administrator of CMS.

An arbitration clause is a clause in a contract requiring parties to resolve issues through the arbitration process, therefore preventing disputes from being litigated in court. These clauses have forced claims of sexual harassment, elder abuse and even instances of wrongful death from being handled in an open court. CMS has issued a rule that will prevent nursing homes receiving federal funding from requiring arbitration clauses be signed in their contracts. Continue reading

The Centers for Medicare and Medicaid Services (CMS), an agency of the Health and Human Services Department, has issued a rule that will prevent nursing homes receiving federal funding from requiring resident’s to sign admission agreements with arbitration clauses. An arbitration clause is a clause in a contract requiring parties to resolve issues through the arbitration process, therefore depriving the resident of his/her right to bring a lawsuit against the nursing home. These clauses have forced claims of sexual harassment, elder abuse and even instances of wrongful death from being handled in an open courcourthouset.

The fine print of arbitration clauses have also prevented disputes on resident safety and quality of care from being publicly known. This rule will provide new protections to 1.5 million nursing home residents. The agency’s new rule is the most significant overhaul of rules regarding federal funding for long term care facilities, restoring millions of Americans their right to pursue action in an open court.  The rule applies to pre-dispute matters, allowing the parties to a dispute the opportunity to seek arbitration after a dispute arises. Continue reading

Attorney General Eric T. Schniderman announced the arrest and arraignment of four former nursing aids in Oswego, NY on September 15, 2016. The aids were arrested for cases regarding nursing home abuse at two Oswego nursing homes. All four aids were charged with misdemeanors and felonies for taking “undignified” photographs and videos of residents at Pontiac Nursing Home and St. Luke Health Services; both facilities have strict policies forbidding cell phone use.  A.G. Schneiderman stated that residents of nursing homes and their families deserve peace of mind knowing their loved ones are being properly cared for and respected by their caregivers. He continued to say recording residents for amusement is a “blatant violation” of residents trust and privacy in a place they call home.

In one case, nursing aids Matthew Reynolds and Angel Rood, former employees of Pontiac, took demeaning photographs of a resident using an iPhone. A.G. Schneiderman said there were multiple pictures showed Reynolds and Rood lying in bed with the resident and touching them in a “taunting and abusive manner.” John Ognibene, Administrator at Pontic fired both aids immediately. Ognibene stated the staff at Pontiac is educated in patient rights during orientation as well as at their annual inservice training. Inservice training reviews the restriction using cell phones, social media and taking photographs of residents. Ognibene continued to say any violation of the policies or implementation of them is unacceptable. Continue reading

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