(914) 220-1086
1. New York Nursing Home A. Holly Patterson Extended Care Facility Cited for Inadequate Infection Control
A Holly Patterson Extended Care Facility received 23 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 14, 2020. The Uniondale nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:
The facility did not protect residents’ right to be free from the use of unnecessary psychotropic medications.
Under Section 483.45 of the Federal Code, nursing homes must ensure that “Residents who have not used psychotropic drugs are not given these drugs unless the medication is necessary to treat a specific condition as diagnosed and documented in the clinical record,” and, among other things, that facilities attempt non-pharmacological interventions before administering such drugs. An October 2019 citation found that A Holly Patterson Extended Care Facility did not ensure this right for one resident. The citation states specifically hat the resident was ordered to be administered a redacted psychotropic medication, although there was “no documented evidence of non-pharmacological interventions attempted prior to the start of the antipsychotic medication.” A plan of correction undertaken by the facility included the in-servicing of the facility’s social worker and some nurses.
The nursing home did not implement proper measures to prevent and control the spread of infection.
Section 483.80 of the Federal Code requires nursing homes to “establish and maintain an infection prevention and control program” that ensure residents a safe, sanitary environment. A June 2018 citation found that A Holly Patterson Extended Care Facility did not ensure such. The citation specifically states that an observer found that for four of the facility’s resident use buildings with potable water systems, the facility “did not conduct water sampling for Legionella quarterly as recommended by their Water Management Plan.” In an interview, the facility’s Vice President of Facilities indicated that he would contact the facility’s water management company to ensure regular testing in the future. The citation states that this deficiency had the “potential to cause minimal harm.”
The nursing home did not comply with stairway and smoke-proof enclosure regulations.
Section 101 of the Life Safety Code requires exit stair treads to “incorporate a marking stripe that is applied as a paint/coating or be a material that is integral with the nosing of each step” and that meets certain dimensional and placing requirements. An October 2019 citation found that A Holly Patterson Extended Care Facility did not ensure that exit stair treads had the required marking strips in “nine of nine stairs on all floors.” A plan of correction undertaken by the facility included the painting of affected stairs with the required stripes.
2. Nursing Home Staff Arrested and Fired in Connection with Resident Death
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 ignored 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.
The defendants pled not guilty to Endangering the Welfare of a Vulnerable Elderly Person, or an Incompetent or Physically Disabled in the First Degree in Nassau County First District Court and Willful Violation of Health Laws. If convicted, each could face up to seven years in prison.
Attorney General Eric T. Schneiderman, stated these allegations display blatant neglect and resulted in the death of a patient. He continued to say his office will “hold accountable those medical professionals and others who knowingly ignore a patient’s basic needs or recklessly place any nursing home resident in a life-threatening situation.”
3. Nursing Home Staff Convicted After Neglecting Ventilator-Dependent Senior Citizen
Two registered nurses and one certified nurse aid were convicted in a Nassau County courtroom for willful violation of health laws in a tragic case that led to the death of an 81-year-old nursing home resident at A. Holly Patterson Extended Care Facility in Unionville, NY, according to longisland.com. According to prosecutors, the elderly resident – both ventilator-dependent and in a wheelchair – somehow became disconnected from his ventilator, rending him unable to breathe. In situations of life-and-death, the nursing home utilizes distinct auditory and visual alarms that sound throughout the unit. Despite the severity of the alarm and its ubiquity across the entire nursing home, the two nurses, Sijimole Reji and Annieamma Augustine, along with the certified nurse aid, Martine Morland, did not respond for a full nine minutes. By the time the ventilator was reconnected, the elderly woman was unconscious and passed away the next day.
The jury rejected the nursing home staff’s argument that they suffered from “alarm fatigue” with 2,000-plus alerts going every 24-hours at the nursing home. Instead, the jury held the staff accountable for “failing to provide the resident with timely, consistent, safe, adequate and appropriate services, treatment, and care. Notably, the jury declined to find the nursing home staffers guilty of the more serious charge of negligent homicide.
Commenting on the verdict, Attorney General Barbara D. Underwood said, “We are pleased that the jury held the defendants accountable to their obligations under public health laws. My office will continue to bring cases where medical professionals ignore a patient’s basic human needs or place a nursing home resident in a life-threatening situation.” The attorney for the nurses said he would file post-trial motions and that his client planned to appeal the ruling.
Helping Victims of Nursing Home Abuse & Neglect in New York
The New York Nursing Home Neglect and Abuse Lawyers at the Law Offices of Thomas L. Gallivan, PLLC work diligently to protect the rights of nursing home residents. Please contact us to discuss in the event you have a potential case involving neglect or abuse.
