When we discuss civil liability that can arise from care of elders in a nursing home, we typically describe such negligence as inadequate living conditions, negligent nurses and orderlies, ignorance of medical needs, even physical, emotional, and verbal abuse. Often, it’s exactly this kind of behavior from nursing home owners and employees that leads to […]
Nursing Home Abuse
Westchester Nursing Home Cited for Failure to Prevent Pressure Ulcers
Dumont Center for Rehabilitation and Nursing Care, a Westchester Nursing Home located in New Rochelle, was cited by the Department of Health in a September, 2014 deficiency report. Among the numerous failures uncovered by the DOH were failure to prevent the development of pressure ulcers. The resident was admitted to the nursing home as a […]
Long Island Nursing Home Fined After Resident Chokes to Death
Woodhaven Nursing Home, located in Suffolk County, was fined $21,937.50 by the Department of Health after an unsupervised resident choked on a sandwich in December, 2013. The resident was allowed to eat unsupervised despite being a known choking risk due to underlying conditions including dysphagia and impaired cognition. The nursing home had also implemented an […]
Department of Health Fines Monroe Nursing Home Almost $78,000 for Medication Error
Following a December, 2013 certification survey during which the Department of Health found a significant medication error, Hill Haven, an upstate New York nursing home, has been fined $77,935.00. The fine comes in the form of a Federal Civil Money Penalty, used by state and federal governments when a nursing home does not adhere to […]
Bronx Supreme Court Denies Defendant’s Motion for Summary Judgment as to Negligence and Public Health Law Violations
A Decision and Order issued by the Hon. Stanley Green in Bronx County Supreme Court in March, 2014 denied defendants’ summary judgment motion as to negligence and violations of NY Public Health Law in a Bronx nursing home negligence action. Judge Green did grant summary judgment for the defendants as to an assault and battery […]
First Department Upholds Summary Judgment for Defendant in Bronx Nursing Home Action
A March, 2014 Decision and Order by the Supreme Court Appellate Division, First Department, upheld a lower court’s finding of summary judgment for a defendant nursing home. The underlying complaint, negligence against the Bronx nursing home for failure to properly treat and heal a pressure ulcer, leading to amputation, was therefore dismissed. Plaintiff-appellant had been […]
Plaintiff Awarded Judgment in Legal Malpractice Action After Attorney Fails to Timely Commence Pressure Ulcer Suit
A March, 2013 judgment in Suffolk County Supreme Court awarded a plaintiff roughly $463,000.00 in a legal malpractice action. The case was brought when the plaintiff’s attorney failed to timely commence an action for negligence, medical malpractice, and violations of NY Public Health Law section 2801-d against a defendant nursing home. The underlying cause of […]
Second Department Finds Potentially Inflammatory Language Relevant to Matter in Brooklyn Nursing Home Action
A case recently decided by the Supreme Court Appellate Division, Second Department, shines some light on the extent that a nursing home defendant will go in order to have language excised from a lawsuit that is not to its liking. The Appellate Court denied them the opportunity to strike the language, but it is a […]
Summary Judgment Motion for Queens Nursing Home Denied by Supreme Court
In February, the Supreme Court, Queens County denied the summary judgment motion of defendant Flushing Manor Care Center in an action claiming violations of the New York Public Health Law. The Court, in its opinion, noted that the differing expert affidavits of plaintiff and defendant precluded a finding of summary judgment. The plaintiff was admitted […]
Utica Nursing Home Nurse’s Aide Charged with Sexual Abuse of Elderly Resident
New York State Attorney General Eric T. Schneiderman recently announced that John Tamba, a 48 year old CNA from Utica, NY was indicted in October on nine counts of abusing a female patient. Tamba worked at the Focus Rehabilitation and Nursing Center at Utica, located at 1445 Kemble St, Utica, NY, and is being held […]
Nurse Charged With Accidently Giving a Patient Morphine and Falsifying Medical Records to Cover Up Her Mistake
The New York State Attorney General has announced the unsealing of a felony indictment against Vicki Price charging her with a range of crimes in connection with the accidental overdose of a patient at the nursing home where Price was a nurse. When an indictment is sealed it is available to the public. Indictements may […]
Nurse Accused of Switching Oxycodone For Allergy Pills in Ulster Care Home
In September the Attorney General Eric T. Schneiderman announced that Amy DeAngelis-Martin a licensed practical nurse was arrested on charges including Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree. DeAngelis-Martin was employed as a nurse at the Northeast Center for Special Care in the Town of Ulster, New York. […]
Two Certified Nurse’s Aides at the Terrace View Long Term Care Facility in Buffalo Charged with Abuse and Neglect
In September the NYS Attorney General’s office announced that two certified nurse’s aides at the Erie County Medical Center Skilled Nursing Facility in Buffalo, which has recently changed its name to the Terrace View Long Term Care Facility, have been charged with neglecting an elderly resident of the facility. Donna Laury and Nakeia Green were […]
Rye Nursing Home Receives Deficiency for Pressure Sore Care
The Osborn, a Westchester nursing home located in Rye, received a citation by the Department of Health in February, 2014 for failure to provide proper treatment to a resident with a pressure ulcer. Per federal regulations, a facility must provide necessary treatment to a resident who enters with a pressure ulcer. In the case detailed […]
Discussing the Legality of Nursing Home Surveillance
It is difficult to ignore the continuous flow of headlines regarding nursing home abuse. It has become a prevalent issue across the U.S. However, imagine the number of cases that go unreported. Many times incidents of abuse and neglect are brought to light because of video surveillance. We have seen an increase in the number […]
Tips for Choosing the Right Nursing Home for Your Elderly Loved One
Selecting a nursing home for your loved one is a difficult decision. It is not easy to trust someone else or a stranger to meet the needs of your mother, father, spouse, or family member. Here is a list of factors you should consider when picking the right living arrangement and nursing home for your […]
The Importance of Having a Board Certified Physician
Approximately 90% of practicing physicians in the U.S. are board-certified. While this is a fairly high percentage, it still shows that a number of doctors practicing in the U.S. without board certification. Receiving medical care from a qualified and competent physician is important when it comes to your healthcare. Take a look at the following […]
Attorney General Reaches $2.2M Settlement with New Rochelle Nursing Home after Fraudulent Billing
Eric T. Schneiderman, New York State Attorney General, reached a settlement in August with Glen Island Center for Nursing and Rehabilitation, a Westchester County nursing home, after allegations arose that the facility defrauded Medicaid. The fraudulent billing stemmed from services that in some cases were actually performed by the nursing home, but at inflated prices. […]
Rochester Certified Nursing Assistant Arrested for Hitting Elderly Dementia Patient
A Certified Nursing Assistant (CNA) at a Rochester, NY nursing home was arrested last month on charges that he slapped a ninety year old woman in the face. The woman, a resident of the facility at which the CNA works, also suffers from dementia. The CNA, Adrian King, is charged with Endangering the Welfare of […]
Queens Nursing Home Fails to Promote Healing of Pressure Sores
Silvercrest, a nursing home in Jamaica, Queens, NY received a deficient rating in a January, 2014 Department of Health Complaint Survey. The deficiency involved the facility’s failure to provide proper and necessary treatment to a resident suffering from a pressure ulcer. The resident had had a previous pressure sore that had healed in December, 2012. […]
Nassau County Nursing Home Cited for 19 Deficiencies
Parkview Care and Rehabilitation Center, a nursing home in Massapequa, Long Island, was cited in an April Department of Health certification survey for nineteen deficiencies. The most serious of these deficiencies resulted in “actual harm” to a resident. A finding of actual harm is the second most serious level of severity that the DOH assesses […]
NYS Health Inspectors: Resident’s Blood Clot Caused by Medication Error
After receiving a complaint in October 2013 against the Edna Tina Wilson Living Center, a 120-bed facility located in Rochester, the New York State Department of Health (DOH) fined the facility $4,450 for a medication error that caused a resident to develop a blood clot in her leg. The affected resident was admitted into the […]
Office Worker Stole Over $45K from Nursing Home Residents
Johnna Scanlon-Howland, a former office worker at the Sunrise Nursing Home, a facility located in Oswego, New York, was convicted in July 2013 of stealing $45,363 from the resident trust account at the nursing home. Investigators from the state’s Medicaid Fraud Control Unit (MFCU) stated that Scanlon-Howland falsified business records to make unauthorized withdrawals from […]
Study: NY Nursing Homes Failed to Meet Federal Goal to Reduce Use of Antipsychotics
The Long Term Care Community Coalition (LTCCC), an advocacy group that promotes the improvement of nursing home care, released a report in April 2014 about the use of antipsychotic medications in New York nursing facilities. The study, titled “Antipsychotic Drug Use in NY State Nursing Homes: An Assessment of New York’s Progress in the National […]
Brooklyn Nursing Home Cited in Deficiency Report
Saints Joachim & Anne Nursing and Rehabilitation Center, a nursing home located in Brooklyn, NY, was cited in an October, 2013 certification survey issued by the Department of Health. Among the several deficiencies noted by the DOH was a failure to establish an infection control program at the facility. A nursing home must ensure that […]
NYS Officials Warn the Elderly to Beware of Phone Scams that Spike During the Summer Months
According to the National Council on Aging, phone scams targeting elderly victims have become so prevalent that they are now considered the “crime of the 21st Century.” The scams are often difficult to trace and are considered a “low risk” crime by fraudsters. Beth Finkel, Director of the AARP in New York, remarked, “It’s estimated […]
Unsupervised Patient Dies While Eating at New York Nursing Home. Glengariff Health Care Fined over $22k.
The New York State Department of Health (DOH) fined Glengariff Health Care Center, a 262-bed facility located in Glen Cove, New York, $22,879 for numerous deficiencies that contributed to the death of a 65-year-old resident. The affected resident had suffered from a stroke and was also diagnosed with multiple sclerosis and dysphagia, a medical condition […]
N.Y. Health Inspectors: Nursing Home Failed to Provide Appropriate Care to Respiratory Patients Requiring Oxygen
In response to a complaint made in August 2013 against St. Luke’s Home, a 202-bed nursing home located in Utica, New York, officials from the New York State Department of Health (DOH) determined that the facility failed to provide appropriate care to residents suffering from respiratory illnesses. One affected resident had suffered from a stroke […]
Albany Nursing Home Fined $25K for Failing to Treat Patient’s Wound that Developed into Gangrene
The New York State Department of Health (DOH) fined the Teresian House Nursing Home, a 302-bed facility located in Albany, New York, $25,350 in November 2013 for failing to treat a patient’s open wound that developed into gangrene. The affected resident was originally diagnosed with a thyroid disorder, high blood pressure, osteoporosis and peripheral vascular […]
N.Y. Nursing Home Failed to Provide Adequate Treatment for Suicidal Patient
Investigators from the New York State Department of Health (DOH) recently cited the Indian River Rehabilitation and Nursing Center, a 122-bed facility located in Grandville, New York, for failing to provide adequate treatment to a suicidal patient who died 18 days after being admitted into the center. The DOH report concluded that “the facility did […]
Upstate Nursing Home Fined $44K for Multiple Deficiencies Related to Poor Care of Residents
The Washington Center for Rehabilitation and Healthcare, a 122-bed facility located in Argyle, New York, was fined $44,000 in February 2014 for numerous deficiencies related to quality-of-care provided by the nursing home. The fine is the result of Department of Health (DOH) inspections conducted in 2011. Formerly known as Pleasant Valley, the Washington Center was […]
Nursing Home Failed to Respect Residents’ Dignity by Not Providing Incontinence Care
The New York State Department of Health (DOH) cited the East Neck Nursing & Rehabilitation Center, a 300-bed facility located in West Babylon, New York, for failing to respect patients’ dignity by not providing timely and adequate incontinence care. According to a DOH report issued in April 2013, the nursing home failed to “promote care […]
Two Westchester Nursing Home Employees Arrested for Allegedly Neglecting Dementia Patient
Two employees of the New York State Veterans Home at Montrose, a 252-bed facility located in Westchester County, were arrested in June 2014 for allegedly neglecting an elderly dementia patient under their care. The employees apparently tried to cover up their neglect by falsifying the patient’s medical records. Licensed practical nurse (LPN) Joyce Opoku, 41, […]
Nursing Aide Faces Four Years in Prison for Allegedly Slapping Elderly Dementia Patient in the Face
Rose Marie Hall, a 53-year-old certified nursing aide (CNA) at the North Shore University Hospital Stern Family Center in Manhasset, New York, was arrested in June 2014 for allegedly slapping a 78-year-old resident in the face. The resident suffers from dementia, stroke-related complications, diabetes, and behavioral issues. She is totally dependent upon staff members for […]
Nursing Home in Troy Received 93 Percent More Citations than Other NY Facilities
According to the New York State Department of Health (DOH) website, the Diamond Hill Nursing & Rehabilitation Center, a 120-bed facility located in Troy, New York, received 93 percent more health citations than other New York nursing care facilities. On average, most New York nursing homes received 2.2 citations per 100 occupied beds; however, Diamond […]
Nursing Home Fined $5K after Unsupervised Alzheimer’s Patient Chokes to Death
The New York State Department of Health (DOH) fined the Loretto Health & Rehabilitation Center, a 585-bed facility located in Syracuse, New York, $5,000 after an unsupervised Alzheimer’s patient choked to death. According to the DOH report about the incident, the resident was admitted into the facility on July 16, 2012 after she underwent hip-repair […]
Patient’s Leg Amputated after Nursing Home Fails to Provide Timely Treatment for Broken Ankle
The New York State Department of Health (DOH) issued a citation against the Baptist Health Nursing and Rehabilitation Center, a 262-bed facility in Scotia, New York, for failing to provide adequate and timely treatment for a resident’s broken ankle. Due to the facility’s negligence, the elderly woman’s right leg had to be amputated below the […]
Nursing Facility Fined Over $6K for Multiple and Chronic Deficiencies that Placed Residents in Immediate Jeopardy
The New York State Department of Health (DOH) fined the Westgate Nursing Home, a 124-bed facility located in Rochester, New York, $6,338 for numerous deficiencies that placed many residents in immediate jeopardy. Some deficiencies were repeat violations that the facility was cited for during previous inspections. In June 2013, a DOH report revealed that the […]
Nursing Aide Loses Certification License after Pinching Patient’s Breast
Elesia Howard, a former certified nursing assistant (CNA) at the Pathways Nursing & Rehabilitation Center, a 112-bed facility located in Niskayuna, New York, pled guilty in September 2012 to charges that she pinched a patient’s left breast nipple. The former employee was convicted of Wilful Violation of Public Health Laws and agreed to surrender her […]
N.Y. Nursing Aide Pleads Guilty after Breaking 92-Year-Old Patient’s Leg
Rashawn Owens, a former certified nursing assistant (CNA) at the Daughter of Sarah Nursing Home, a 210-bed facility located in Albany, New York, pleaded guilty in November 2012 to breaking a 92-year-old patient’s leg in September 2010. The patient died as a result of his injury. Owens pleaded guilty to Endangering the Welfare of a […]
Employees of Medford Multicare Nursing Home Indicted on Charges Related to Patient’s Death
A Suffolk County grand jury handed down a 46 count indictment against six employees of the Medford Multicare Center for Living, a 320-bed nursing facility in Medford, New York. The indictment alleges that the employees neglected a patient who died under their care. It also charges at least six employees with abuse, falsifying business records, […]
Police Issue Silver Alert after Mentally Disabled Nursing Home Resident Wanders from Facility
The Suffolk County Police Department issued a Silver Alert in May 2014 after a deaf and mentally disabled man wandered from the Maple Rest Home, an assisted living facility in West Sayville, New York. As a result of the alert, police officials were able to locate Peter Fallon, 73, and return him uninjured to the […]
Investigators: New York Nursing Facility Failed to Provide Adequate Treatment to Prevent Bedsores
According to a New York State Department of Health inspection conducted in December 2013, the Avon Nursing Home in Avon, New York, failed to provide adequate care to prevent a patient from developing stage II bedsores. The inspection report cited that the facility did not perform routine skin assessments and that staff members failed to […]
Video Camera Captures Two Nurse Aides Taunting and Abusing Elderly Dementia Patient
Two certified nursing assistants (CNAs) at the Barnwell Nursing and Rehabilitation Center, a 228-bed facility located in Valatie, New York, were caught on camera taunting and abusing an elderly dementia patient in August 2013. According to a New York State Department of Health investigation report, the two CNAs kicked, hit and yanked at dolls that […]
Nursing Home Resident Dies after Staff Member Fails to Administer CPR
An inspection report in July 2013 by the New York State Department of Health (DOH) revealed that a resident of Hornell Gardens, a 114-bed nursing facility located in Hornell, New York, died after a licensed practical nurse (LPN) failed to administer CPR after the resident was found without a pulse and was “gasping for air.” […]
DOH Officials: Nursing Home Failed to Take Appropriate Action against Employee who Allegedly Stole Patients’ Medications
In November 2013, the NYS DOH cited Rosewood Rehabilitation and Nursing Center, an 80-bed nursing home located in Rensselaer, New York, for failing to take appropriate actions against a licensed practical nurse who may have diverted narcotics from patients for her own personal use. The investigation concluded that the problem was “widespread” and place residents […]
Long Island Nursing Home Receives Numerous Citations for Failing to Identify Patients with Do-Not-Resuscitate Orders
Per a recent New York State Department of Health (DOH) survey, Avalon Gardens Rehabilitation & Health Center, a 353-bed Smithtown, Long Island nursing home facility, failed to have a proper system in place to quickly determine if a patient had a Do-Not-Resuscitate (DNR) in place. The DOH stated that the situation was widespread and placed […]
Report: Financial Exploitation of Elderly Costs $2.9 Billion Annually
The results of a 2011 report, a collaboration of numerous agencies, show that financial exploitation of the elderly resulted in $2.9 billion in losses to victims in 2010. Moreover, the study, titled, “The MetLife Study of Elder Financial Abuse: Crimes of Occasion, Desperation, and Predation against America’s Elders,” further concluded that losses from financial abuse […]
Highpointe on Michigan Health Care Facility Received 67 Percent More Citations than Most NY Nursing Homes
According to the New York State Health Department’s website, the Highpointe on Michigan Health Care Facility, a 300-bed nursing home in Buffalo, New York, received 67 percent more citations than other state nursing homes. From April 2010 through March 2014, the Department of Health (DOH) received 119 complaints about the facility. On average, the state […]
Hidden Camera Investigation Leads to 17 Arrests of Nursing Home Employees Charged with Neglecting Patient
Seventeen employees of the Highpointe on Michigan Health Care Facility in Buffalo, New York were arrested and charged in April 2014 with neglecting a 56-year-old resident under their care. The male patient suffers from Huntington chorea, a neurological disease that makes him bedridden and totally dependent on staff members for his care. The eight nurses […]