A nurse’s aide at the Gold Crest Care Center in the Bronx was arrested in February 2013 after a hidden camera allegedly caught her abusing an Alzheimer’s patient. Sandra Kerr, 55, was charged with Willful Violation of the Public Health Law and endangering the welfare of an incompetent or physically disabled person. She faces up […]
Archives for 2013
Studies: Driving Hung-over Just as Serious as Driving Drunk
According to the latest studies, driving while hung-over is just as dangerous as driving drunk. In research conducted by Utrecht University in the Netherlands, study participants had 10 drinks at night. The next morning, when their blood alcohol contents were zero, they took a one hour driving test. The participants had difficulty concentrating and driving […]
Former Nurse Aide of Rochester Nursing Home Accused of Posting Video of Patient Being Abused on Facebook
A former nurse aid at the St. Anne’s Home in Rochester, New York was arrested and charged in July 2013 for allegedly posting a video on Facebook of a resident being harassed. If convicted, the former aide, Ericha Brown, 23, faces up to one year in prison. According to Attorney General Eric T. Schneiderman, Brown […]
Westchester Aide Faces 15 Years in Prison for Death of 86-Year-Old Disabled Nursing Home Patient
Fifty-four year old Maureen Flowers, a certified nurse aide at the Tarrytown Hall Care Center in Westchester, was arrested in July 2013 for allegedly causing the 2012 death of an 86-year-old disabled patient under her care. Flowers, charged with Manslaughter and Criminally Negligent Homicide, faces up to 15 years behind bars if convicted. On February […]
Second Department Reverses Summary Judgment in Nassau County Car Accident Case
Last week, the Supreme Court Appellate Division, Second Department reversed a Nassau County Supreme Court finding of summary judgment for a defendant driver in an accident involving a pedestrian. The appellate Court found that the defendant had not established a baseline prima facie case for entitlement to summary judgment, rendering the plaintiff’s opposition to the […]
First Department Rules Defendant Failed to Meet Burden for Summary Judgment in Bronx Slip and Fall
Earlier this week the Supreme Court Appellate Division, First Department ruled that the defendant had not met its prima facie burden for an award of summary judgment in a Bronx slip and fall case. The fall occurred at the Bronx Zoo, where the plaintiff allegedly slipped on a patch of ice outside a restaurant within […]
Plaintiff Injured When Dog Obeys Its Owner
In a report published earlier today, the Supreme Court Appellate Division, First Department, reversed a lower court’s ruling of summary judgment for the defendant in a case involving the negligent handling of a dog by its owners. The plaintiff in the case was riding a bicycle near the southern boundary of Central Park when he […]
Proposed Bronx Group Home Hits Snag
The development of a proposed group home for mentally disabled senior citizens in the Bronx hit a set-back this week when one of the potential investors pulled out of the project. The developer had been slated to operate many of the apartments in the group home. Its decision not to move forward with the project […]
Three Local Nursing Homes Must Pay for Medicaid Over-Billing
The Medicaid Inspector General has ordered that three New York area nursing homes must repay the government agency for miscalculated payments made to the respective facilities, reports the New York Daily News. Eastchester Rehabilitation and Healthcare Center and Morris Park Nursing Home (both located in the Bronx), and Sands Point Center for Health and Rehabilitation […]
Driver Facing Numerous Charges after Brooklyn Car Accident
The driver responsible for a multi-car accident in Brooklyn that injured several people will face a variety of charges, according to ABC News. The accident occurred as the driver was attempting to evade police early Wednesday morning. The police car that had been chasing the suspect was also involved in the crash, as was another […]
Orange County Nursing Home Cited for Mismanagement of Resident’s Medications
St. Josephs Place, a nursing home in Orange County, New York, received a deficient rating in several areas of care following an April, 2013 inspection by the Department of Health. Among these areas were a failure to keep residents’ drug regimens free from unnecessary drugs. Specifically, the facility failed to consider gradually reducing the dosage […]
NY Car Accident Lawyer Report: Accident Case Reinstated
On August 21, 2013, the Supreme Court Appellate Division, Second Department reversed an Order of the Supreme Court, which had granted summary judgment to the defendant in a Queens car accident case. The original granting of summary judgment for the defendant, and its subsequent denial on appeal, centered around the failure of the plaintiff’s lawyer […]
First Department Upholds Damages, Reduces Past Medical Expenses in New York Slip and Fall Case
On August 20, the Supreme Court Appellate Division, First Department upheld a jury verdict of over $700,000 in a New York slip and fall case. The defendants had appealed the amount of the damages. Although the Court did uphold the jury’s award for past and future pain and suffering, it did reduce the award for […]
Tourist’s Foot Severed in Midtown Manhattan Car Accident
The NY Daily News reports that a cab struck a female tourist in midtown Tuesday, severing her foot in the process. A cyclist and another pedestrian were injured in the New York City car accident, which occurred near Rockefeller Center. The cyclist was flipped onto the hood of the taxi and carried for several yards. […]
Former LPN Indicted after Allegedly Assaulting Nursing Home Resident
A former LPN at Split Rock Nursing Home in the Bronx was indicted last week on charges of abuse at the nursing home. A video of the incident, which occurred in February 2012, allegedly shows the nurse, Lennox Seymour, pushing and punching a disabled resident of the Bronx nursing home. The video, which has not […]
Charges in Westchester Nursing Home Case Upgraded to Manslaughter
In March, we wrote about the arrest of two Certified Nurse Aides from Tarrytown Hall Center after an incident in February 2012. Going against protocol, one of the aides, Maureen Flowers, attempted to lift the elderly resident from her wheelchair without the assistance of another staff member. Flowers dropped the resident, resulting in a fractured […]
Plaintiff Granted Partial Summary Judgment in New York Labor Law Claim
Partial summary judgment was granted for the plaintiff in an April labor law suit in Manhattan. The plaintiff’s husband had been working on a lift fixing the ceiling of the defendant property owner when he fell to his death. The First Department granted the plaintiff summary judgment on her Labor Law 240 claim. Pursuant to […]
First Department Reverses Summary Judgment in Medical Malpractice Action
In April, the Supreme Court Appellate Division, First Department reversed the lower court’s ruling of summary judgment in favor of the defendant in a medical malpractice action. Originally, the Bronx Supreme Court granted summary judgment for doctor and hospital, finding that the defendants’ failure to diagnose cancer was not a proximate cause of the plaintiff’s […]
Brooklyn Senior Citizen Dies after Receiving Incorrect Blood Type
An investigation into the death of a Brooklyn woman at Coney Island Hospital in early June has revealed that hospital error led to the fatal consequences. Hospital staff reportedly misidentified the elderly patient’s blood type, leading to a fatal transfusion of the incorrect type of blood. For the immediate future, the Department of Health has […]
N.Y. Personal Injury Attorney Report: Study Details Dangers for Senior Pedestrians in the Bronx
The Tri-State Transportation Campaign recently released a study ranking the Bronx as the third most dangerous county in the area for senior pedestrians. The study targeted fatalities among pedestrians aged sixty and older, and found that, per capita, the Bronx ranked behind only Putnam County and Hudson County, NJ in senior pedestrian deaths. Overall, fatalities […]
New York State Department of Health Releases Latest List of Enforcements
Recently the New York State Department of Health released its latest update of fines against New York nursing homes. Most of the more recent violations resulting in fines have been covered here in previous blog posts. Unfortunately, many of the original violation dates leading to the fines listed on the enforcement log pre-date the oldest […]
Long Island Nursing Home Workers Charged with Assault in Beating of Elderly Resident
A nurse and a personal care aide at Woodhaven Center in Port Jefferson, Long Island have been charged with assault and endangering the welfare of an elderly person. The charges stem from an investigation into the beating of an elderly resident of the home. The two women allegedly held the defenseless man down and beat […]
Victim of Hit and Run Dies, Body Transported Adjacent to Refuse by ME
Late last week, an Irish national, Kevin Bell, was struck and killed by a Bronx hit and run driver as he was returning to his home for the summer in Woodlawn. According to the NY Post, the young man had been drinking in Manhattan prior to the accident. A witness claimed that the victim had […]
White Plains Car Accident Report: Driver in NYC Car Accident Charged with DWI
According to the NY Daily News, the driver responsible for an early morning crash last Wednesday has been charged with DWI. The crash injured six people total, including the driver and a passenger in his car. Witnesses speculated that the driver may have been racing another car when the collision occurred in the East Village […]
Queens Nursing Home Fined $12,000 by Department of Health for Medication Error that Resulting in Resident’s Death
The N.Y.S. Department of Health reported that it had fined Parker Jewish Institute for Health Care and Rehab, a Queens nursing home, twelve thousand dollars. The fine stems from an incident discovered by the DOH during an inspection in July, 2011. During the July inspection, investigators gave the facility the most severe rating in two […]