(914) 220-1086In April of this year, a minivan carrying a family jumped a barrier on the Bronx River Parkway and plummeted over the side, into the Bronx Zoo. Seven family members were killed in the crash, leaving behind mourning loved ones. The husband of one of the victims of this crash has filed a notice of […]
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LPN At Benenson Pavilion Sentenced For Physical Abuse Of Queens Nursing Home Resident
Jessie Joiner, a Licensed Practical Nurse (“LPN”) at Dr. William O. Benenson Pavilion, a Queens Nursing Home, was recently sentenced to three years probation and forced to surrender her LPN license. She allegedly knocked an 85-year old female resident out of her wheelchair and onto the floor at the facility. The resident suffered a fractured […]
Smithtown Nursing Home Cited for Deficiencies by NYS Department of Health
Saint Catherine of Siena Nursing and Rehabilitation Care Center, located in Smithtown, NY, was cited for deficiencies in a Department of Health survey dated February 12, 2012. Two areas in particular for which the facility received substandard ratings involved medication errors and maintenance. According to federal regulations, a facility must ensure that it maintains a […]
Brooklyn Hospital Faces Staggering Number of Medical Malpractice Suits
Brookdale University Hospital and Medical Center currently faces more than one hundred open lawsuits based upon medical malpractice, the Daily News reports. Ranging from infections to medication errors to infant brain damage, the hospital has been targeted by patients and their families for allegedly negligent care. The financially troubled facility operated at a $42 Million […]
Bronx Nursing Home Fined More Than $55,000
The Department of Health has fined Mosholu Parkway Nursing and Rehabilitation Center in the Bronx, NY over $55,000 for numerous violations, the most disturbing of which relates to an issue that has been discussed previously on this blog, the failure to keep the facility free of accident hazards. In this particular instance, a resident who […]
Government Report Documents Under-Reporting of Hospital Errors
A study recently released by the Department of Health and Human Services reports that as few as one out of seven Medicare patients harmed by medical errors and accidents during hospitalizations are reported. The study, performed by HHS inspector general Daniel R. Levinson, claims that the primary cause of the under-reporting is that many hospital […]
N.Y. Nursing Home Fall Attorney Report: Rockland Nursing Home Cited in May Deficiency Report
Northern Riverview Health Care Center in Haverstraw, NY was cited in a Department of Health Deficiency Survey dated May 11, 2011. The DOH cited the facility for numerous violations, including failing to ensure that the facility was free of accident hazards, and failure to develop and implement written policies and procedures that prohibit mistreatment and/or […]
Aide, Supervisor Terminated After Beating / Attempted Cover-Up at Staten Island Nursing Home
A certified nurse’s aide and her supervisor have both lost their jobs after the aide was accused of beating a developmentally disabled resident at Lily Pond Nursing Home in Staten Island. The supervisor is accused of attempting to cover up the incident. The aide allegedly struck the resident several times in the head during her […]
Westchester, NY Criminal Defense Attorney Report: Charges Dismissed In Assault Case
Recently, in a Westchester County, NY criminal matter handled by the Law Offices of Thomas L. Gallivan, PLLC, our client, a 20 year-old male, was arrested and originally charged with Assault in the second degree, a Felony, after a fight with his mother’s boyfriend. The boyfriend was a 46 year-old with a criminal history of […]
Cedar Lodge Nursing Home in Center Moriches Cited for Privacy Violations and Substandard Care
The New York State Department of Health published results of a survey dated June 13, 2011, in which Cedar Lodge Nursing Home, located in Center Moriches in Suffolk County, received substandard results in several areas. Sections 483.75(l)(3) and 483.20(f)(5) of CFR Title 42 discuss standards for record keeping and maintenance. The importance of safeguarding records […]
Supreme Court, Appellate Division Upholds Depraved Indifference Murder Conviction Stemming From Car Accident
Earlier this month, a Brooklyn appellate panel upheld the murder conviction of Franklin McPherson. McPherson was convicted of second degree murder after driving the wrong way for approximately five miles on the Southern State Parkway in October of 2007, eventually striking another car and killing its driver. Defense counsel argued that because McPherson had been […]
Court Rules Bronx District Attorney Failed to Meet Speedy Trial Requirements
A Bronx judge ruled on October 7th that the Bronx DA failed to meet the requirements of “exceptional circumstances” in failing to produce police witnesses in the criminal trial of a man accused of felony assault and marijuana possession, among other charges. The DA had argued that the witnesses, two police officers, were unable to […]
Brooklyn Jury Awards $36M to Boy Hit by Speeding Motorist
In May, a Brooklyn jury awarded over $36,000,000.00 in damages in a case involving a 12 year old boy on a bicycle struck by a speeding motorist. The victim sustained fractures of the skull and ankle, as well as brain damage after being struck by the defendant, who, according to investigators, was driving 24 mph […]
Jury Awards Woman $20M+ in Damages after Queens Bus Accident
In August, a Queens jury awarded damages in excess of 20 million dollars to a woman struck by an MTA bus in Long Island City. The plaintiff, a housekeeper, was awarded summary judgment after a surveillance video established that the pedestrian had the right of way. The bus did not yield and struck the plaintiff. […]
Two Staten Island Nursing Home Nursing Staff Members Lose Licenses After Elder Abuse Incident
Two employees at a Staten Island long-term care facility, Lily Pond Nursing Home, recently lost their respective licenses after a 40 year-old resident was abused. Cynthia Ferry, a Certified Nurse Aide at the facility, was observed by an EMT striking the 40-year old resident in the head. Josefina Bernabe, a Licensed Practical Nurse, worked the […]
White Plains, NY Criminal Defense Attorney Report: Charge Dismissed in Upstate New York Assault Case
A court in upstate New York (Niagara County) recently dismissed a misdemeanor charge of assault in the third degree due to a fatal defect in the factual assertions of the case included in the accusatory instrument. As a brief background, the defendant was accused of punching his brother-in-law in the face, and subsequently striking him […]
Two Ferncliff Nursing Home Aides Punished For Trying to Cover-up Fall
Two Certified Nurse Aides at Ferncliff Nursing Home Co. Inc., a Dutchess County, NY Nursing Home, were recently forced to surrender their C.N.A. certificates after a fall during a transfer at the facility. According to a Long-Term-Care Community Coalition report, Stephen Thomas, a C.N.A., transferred a 94-year old resident, who slipped and suffered a broken […]
White Plains, NY Criminal Attorney Report: Charges Dismissed In Domestic Violence Case
Our firm recently represented a criminal defendant in a local city court charged with the following offenses under 2 separate dockets: Docket #1 1) Attempted Assault in the third degree (Penal Law §120.00); and 2) Harassment in the second degree (Penal Law §240.26). Docket #2 1) Assault in the third degree (Penal Law §120.00);2) Menacing […]
Study Finds Black Residents More Likely To Develop Bedsores (Pressure Ulcers, Decubitis Ulcers)
A recent study conducted by the University of Iowa revealed that black nursing home residents are more likely than their white counterparts to develop bedsores (pressure ulcers, decubitis ulcers). In a five year study conducted at nursing homes throughout the country, researchers found that black residents were roughly five percent more likely to develop decubitus […]
Despite Regulations, Abuse Still Rampant in State-Run Group Homes
An investigation conducted over the past year by The New York Times highlights disturbing trends of abuse in group homes run for the mentally challenged and developmentally disabled. The emphasis of the survey, the lack of discipline imposed upon delinquent employees of such homes, underscores the importance of diligent oversight by not only authorities, but […]
“Chopped” Contestant, Debra Whiting Dies Following Upstate Car Accident
Debra Whiting, the co-owner of an upstate New York winery, has died after a car accident on the New York State Thruway near Montezuma, NY. Her husband was reportedly driving the vehicle at the time of the accident. State Troopers reported that 47-year-old David Whiting of Hector was moving into the passing lane when his […]
NY Bedsore Attorney Report: Jury Awards $5.4 Million in Staten Island Bedsore Suit
A jury has awarded $5.4 Million dollars to Robert Messina, a resident of Staten Island. The verdict stems from Messina’s development of pressure ulcers during several stays between Staten Island University Hospital and Golden Gate Rehabilitation and Health Care Center between 2006 and 2007. The jury found SIUH 75% responsible, and Golden Gate 25% responsible. […]
Prison Sentence After Conviction in N.Y. Nursing Home Sexual Abuse Case
A nursing home aide was recently convicted of sexually abusing an 61-year old stroke victim at Amsterdam Nursing Home on Manhattan’s Upper West Side. The aide was convicted of sex abuse, endangering the welfare of a vulnerable elderly person, and endangering the welfare of a physically disabled person. The aide was caught in the sexual […]
Defendant Precluded After Improperly Obtaining Information From Treating Physician Without Authorization
Defense counsel in Muzio v. Napolitano, a recent medical malpractice case, conducted an interview of the plaintiff’s treating physician, a nonparty, without obtaining a Arons authorization. The Arons case requires that plaintiffs provide defendants with written authorizations allowing counsel for the defense to interview plaintiff’s treating physicians. However, this interview cannot take place without such […]
New York Nurse Sentenced To Six Months Incarceration After Cover-up Of Medication Error
At Terence Cardinal Cooke, a nursing home in New York, NY, Coral Quintyne, a Licensed Practical Nurse, was recently arrested and prosecuted for giving methadone to the wrong resident. As a result of the medication error, the elderly resident required hospitalization. What is more disturbing and likely the reason for the arrest is that the […]
