The estate of a 55 year-old single mother with four children settled a trucking accident case involving a tractor-trailor for $125,000 In Queens County, NY. The plaintiff died instantly after being struck by the tractor-trailer. Plaintiff’s estate claimed that she had completed turning after stopping at a stop sign. The defendant tractor-trailer contended that the […]
Miscellaneous
Clerk Awarded $237,000 By Westchester County Jury After Falling On Ice
The plaintiff, a 38 year-old administrative clerk employed by a tenant in an office building in Armonk, NY was recently awarded a $237,000 verdict by a Westchester County, New York jury. She claimed that she tripped and fell on an icy patch while exiting the building. Plaintiff claimed that the owners of the building failed […]
Pedestrian Struck In Westchester County Settles Bulging Discs Case For $700,000
The plaintiff in a Westchester County, NY pedestrian car accident case recently settled for $700,000. The plaintiff, a 45-year-old male, allegedly suffered bulging discs at L4-5 and L5-S1 after being struck by defendant’s car while crossing the street. The defendant’s vehicle (vehicle #1) was reportedly trying to avoid a collision with another vehicle (vehicle #2), […]
Right Of Sepulcher Under New York Law: Melfi v. Mount Sinai Hospital
Generally speaking, the “right of sepulcher” means the right to choose and control the burial, cremation, or other final disposition of a dead human body. Under New York Law, the next of kin of a decedent can commence a lawsuit for a violation of his or her right of sepulcher when 1) a next of […]
Suffolk County (NY) Nursing Home Fined For Cover-up And Falsification Of Records After Resident Breaks Hip
Medford Multicare Center For Living, a Suffolk County, Long Island, NY nursing home must pay a $35,300 civil penalty due to neglect of a resident that was caught on videotape. Two certified nurses’ aides (C.N.A.’s) at the nursing home transferred a 94 year-old resident from her bed to a wheelchair without using a hoyer lift […]
NY Elder Abuse: Attorney General Uses Hidden Cameras To Bring Charges Against Four Long Island (NY) Nursing Home Employees
Four additional employees at a Long Island, NY nursing home, Medford Multicare Center, have been arrested and charged with endangering the welfare of a patient and falsifying business records in order to conceal neglect. Two of the arrests were made as part of the New York State Attorney General’s ongoing use of hidden cameras. Attorney […]
Decubitis Ulcer (Bedsore, Pressure Sor) Trial in New York Postponed
A nursing home neglect and wrongful death case involving the development of a Stage IV bedsore (pressure sore, decubitis ulcer) has been postponed by an Oregon court until 2010. The plaintiffs in the lawsuit claim that during a 49 day admission to Evergreen Milton Freewater Health & Rehabilitation Center, Alice Train, a 90 year-old diabetic, […]
Fall From Scaffold On Brooklyn (NYC) Construction Site Results in $2.5 Million Pre-Trial Settlement
A 50 year-old construction worker fell from a 15 foot scaffold while working on a residential construction site in Park Slope, Brooklyn (NYC). The plaintiff was painting an exterior wall of a four-story condominium at the time of the fall. The scaffold’s platform collapsed, and he fell approximately 15 feet. He suffered fractures of both […]
Bedsore Lawsuit Against Orange County (NY) Nursing Home Settles For $525,000
The family of an 87 year-old Orange County, NY nursing home resident recently settled a case involving allegations of dehydration, malnutrition and the development of multiple bedsores (pressure sores, decubitis ulcers) for $525,000. The plaintiff was reportedly admitted to St. Teresa’s Nursing Home in Middletown, NY with a history of dementia, heart failure and hypothyroidism. […]
Premises Accident: Slip And Fall In Westchester County Yields $650,000 Settlement At Mediation
Plaintiff, a 53 year-old insulator, allegedly slipped and fell on oil that had leaked onto the ground while working at a Westchester County, NY power plant. This matter recently settled for $650,000 at mediation. Plaintiff claimed that the owner/operator of the plant, Entergy, was negligent in its maintenance of the premises, and that its negligence […]
East Haven Nursing Home In Bronx (NYC) Receives Lowest Rating From CMS
The Centers for Medicare and Medicaid Services have given East Haven Nursing & Rehabilitation Center in the Bronx, NY its lowest rating (one out of five stars) due to below average findings in three categories: 1) health inspections, 2) nursing home staffing and 3) quality measures. Based on a June 15, 2009 survey, the Bronx […]
Bronx (NYC) Nursing Home Cited For Allowing Resident To Elope For Twelve Hour Period Without Being Noticed
Terrace Health Care Center, a Bronx (NYC) nursing home, was cited in a May 27, 2008 survey for failing to supervise and monitor a resident who was able to elope from the facility for a twelve and half hour period without being noted as missing. The resident had a history of illicit drug use and […]
Nursing Home Neglects Dying Man
93 year-old nursing home resident, Charles Bradley, was allegedly the victim of neglect at Everett Care & Rehabilitation in the winter of 2004. A lawsuit initiated by Bradley’s family claims that staff at the nursing home failed to refer the resident to a physician when an open wound was found on his penis. According to […]
Elder Abuse Charges Filed In New York Local Court: Nurse Allegedly Ignored Nursing Home Resident’s Pleas For Help
A former charge nurse at a Central New York nursing home, Maura Quinn, is alleged to have been involved in the abuse of an elderly resident. She has been formally charged with endangering the welfare of an incompetent or physically disabled person and willful violation of various health laws. All charges were filed following an […]
Bronx Resident Sues Westchester County Nursing Home After Mother Dies From An Infected Bedsore
Bronx, NY: A lawsuit has been filed in Bronx County Supreme Court on behalf of Verda Henry, who allegedly developed a bedsore (pressure sore, decubitus ulcer) while a resident at Sutton Park Center For Nursing & Rehabilitation in New Rochelle, NY. Ms. Henry was reportedly admitted to Sutton Place for short-term rehabilitation after she fell […]
Nursing Home Administrator Charged With Elder Abuse
A nursing home administrator at Kern Valley Hospital, Pamela Ott, has been charged with eight felony counts of elder abuse for allegedly authorizing the administration of high doses of psychotropic medications to residents in inappropriate circumstances. The court documents indicate that the medications were administered in order to keep the dementia and Alzheimer’s patients sedated […]
Nursing Home In Newburgh, NY Cited For Actual Harm Or Immediate Jeopardy
An Orange County, NY nursing home, The Elant at Newburgh, received a citation for an incident that caused “actual harm” or placed residents in “immediate jeopardy.” The details regarding the incident are not currently available, but the citation was confirmed by a statement released by the facility. Apparently the incident was investigated by state and […]
New York Nursing Homes Identified As Special Focus Facilities By CMS
The Long-Term Care Community Coalition provided me with an updated list of nursing homes, including NY nursing homes, that have been identified as Special Focus Facilities (SFFs) by the Centers for Medicare and Medicaid Services (CMS). The Special Focus Facility program identifies facilities that have exhibited 1) a pattern of quality care problems, 2) more […]
Brief Overview Of New York Public Health Law Section 2801-d
New York Public Health Law § 2801-d provides a private statutory cause of action for residents of nursing homes injured as a result of any deprivation of certain “resident’s rights” that cause an injury. This private right of action is cumulative and separate from any other plausible causes of action, such as medical malpractice and/or […]
Westchester County Nursing Home Aide Sentenced For Abuse Of Resident
Pierre Obas, a 72 year-old nursing assistant, was sentenced in a North Salem, New York Court for abusing a resident at Waterview Hills Rehabilitation and Nursing Home. Mr. Obas tied an 83 year-old resident to her wheelchair with a bed sheet and took a nap after depositing her in a lounge area. Apparently, Mr. Obas […]
Closet Falls On 90 Year Old Nun At Rockland County Run Nursing Home
A 90 year-old Catholic nun was tragically killed after an unsecured closet fell on her head while she was a resident at Summit Park Nursing Care Center, a Rockland County-run nursing home. Sister Mary suffered from dementia and heart disease. The freestanding wardrobe was not bolted to the wall appropriately. She was found unconscious and […]
Abuse At Assisted Living Facility Results In $11,000,000 Jury Verdict
An Arizona jury awarded $11,000,000 in damages ($2,000,000 for the decedent, $5,000,000 for his widow, and $4,000,000 in punitive damages) in a case involving outrageous incidents of abuse perpetrated by employees at Liberty Manor Residence, an assisted living facility. The verdict is the highest reported amount awarded to a plaintiff in a case against an […]
Gold Crest Nursing Home In The Bronx Fined For Substandard Care
Gold Crest Care Center in the Bronx, New York was fined $18,712.504 for substandard nursing home care found during an August 28, 2008 inspection. The fine was levied by state inspectors for numerous deficiencies, including an immediate jeopardy finding (the most severe category). A resident suffering from dementia with a history of wandering was allowed […]
Orange County NY Nurses Cited For Falsifying Nursing Records
Jean Frantz Louisme and Aniamma Alex Philip, both nurses at Rockland Psychiatric Center, were cited by the New York Board of Regents for falsifying medical records stemming from a November 27, 2007 incident. Nurse Louisme was advised by another staff member that a patient had not received Risperidone, a psychotropic medication, for approximately three weeks, […]
Failure to Meet Minimum Standards In New York Nursing Homes Leads To Fines And Sanctions
According to a Long-Term Care Community Coalition (LTCCC) report released this week, 16 New York nursing homes were fined by the federal government for failing to comply with quality care requirements. In addition, 10 New York nursing homes were fined by the state. Adirondack Medical Center in Lake Placid received the most severe sanction, a […]