On Friday night July 1, 2016, Michael Adagba, a security guard at the Verrazano Nursing Home, Staten Island punched an elderly Alzheimer’s patient. The 83 year-old elderly resident was apparently trying to leave the facility when Mr. Adagba hit her. The resident suffered multiple injuries including bruising and swelling to her face, head and body. The security guard faces charges of felony and misdemeanor assault and harassment.
In addition to the criminal charges against the security guard, the security company and/or the nursing home may also face civil liability for the injuries suffered by the resident, as well as potential sanctions from the department of health. The security company / nursing home could be liable for failing to properly train the security guard, negligent hiring of the security guard, and/or depriving the resident of his/her rights under federal and state law as a nursing home resident.
According to federal guidelines, all nursing homes must develop and implement written policies and procedures that prohibit mistreatment, neglect, and abuse of residents. §483.13(c) Each resident has the right to be free from abuse. Residents must not be subjected to abuse by anyone, including, but not limited to, facility staff, other residents, consultants or volunteers, staff of other agencies serving the resident, family members or legal guardians, friends, or other individuals. §483.13(b)
Verrazano Nursing Home is located on 100 Castleton Road, Staten Island. Operated by Verrazano Nursing Home, Inc., it is a 120 bed, non-profit corporation and both Medicaid and Medicare certified. It provides both resident and family councils. This facility has received below average ratings from Medicare and Medicaid in overall staffing categories. In the “Staff/Nurse” category, Verrazano Nursing Home received 1 star compared to a NY average of 2.70 and a National average of 3.00. In the “RN Only” category, Verrazano Nursing Home received 1 star as compared to the National average of 2.96. Ratings are out of 5, with 5 being the best and 1 being the worst.
If you or a loved one has suffered neglect or abuse at nursing home, please do not hesitate to contact the passionate and experienced attorneys at the Law Offices of Thomas L. Gallivan, PLLC.