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With toothless regulations and ineffective oversight, many nursing homes are still failing the neediest patients. With its budget for overseeing nursing homes slashed in half, the Center for Medicare and Medicaid Services (CMS) has failed to identify failing nursing homes and keep them accountable. As a consequence, some nursing homes are choosing to accept the […]
Nursing Home Abuse
Caretaker Charged After Elderly Man Complains of “Being Thrown Around Like a Rag Doll”
A Berkshires caretaker has been charged with elder abuse after an 84-year-old man told hospital staff that his two broken ribs were caused by being “thrown around like a rag doll.” The 52-year-old man, Anthony Marcella II, was arraigned in Central Berkshire District Court on charges of assault and battery on a person over 60 […]
Court Allows Family to Seek Punitive Damages from Rehabilitation Center Where Resident Went Missing
On the morning of September 12, 2009, a man (identified only as “Plaintiff”) went missing from Arms Acres, a rehabilitation center for alcoholics. The Plaintiff, in addition to being an alcoholic, also suffered from schizophrenia and bipolar disorder, according to the Court’s decision. Shortly before going missing the Plaintiff became “extremely disoriented, began having hallucinations” […]
After Death from Pressure Ulcers, Bronx Family Sues Nursing Home
On June 17, 2013, a patient at Barnabas Nursing Home passed away from complications arising from her pressure ulcers. Her family has sued the nursing home and hospital and believes that their family member received negligent treatment and that the hospital and nursing home should be held responsible for her death.
Court Allows Family’s Suit Against Nursing Home to Proceed After Resident’s Fracture and Death Caused by Fellow Resident’s Push
On May 10, 2011, a resident (described only as “Resident X”) in the dementia/Alzheimer’s unit at Sprain Brook Manor Nursing Home became agitated, falsely believing that the television in his room had been stolen or was otherwise missing. The resident, according to the Plaintiff, had a “known history of aggression.” The nurse in the unit […]
Family Seeks to Hold Nursing Home Liable After Resident Dies of Septic Shock
On February 27, 2008, a nursing home resident (whose name is not listed) at Sunrise Manor Center for Nursing and Rehabilitation passed away. The nursing home resident had only been at the center since February 19 – a mere 8 days. The cause of death was listed as septic shock – a condition where an […]
Rehabilitation Worker, Jacky Stanly, Convicted of 33 Counts of Sex Abuse
Jacky Stanley, a former rehabilitation worker at Northeast Center for Special Care in Lake Katrine, New York was convicted of sexually abusing six male residents at the facility – each of whom were in the facility after suffering traumatic brain injuries. All six male residents testified in court that Stanley molested them in some way […]
Caregiver Arrested for Tying Up Developmentally Disabled Residents
Andrew Hatcher, 28, of Brooklyn, New York, has been charged with endangering the welfare of two developmentally disabled residents under his care at Centerreach Intermediate Care Facility. Hatcher has been charged with two counts of Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, a class E Felony, stemming from […]
Hospice CEO Salary: Why Compensation for Hospice CEO’s Soars and How They Game the Medicare System
Long-Term Care Facilities are becoming a more lucrative business in America as the country’s CEO’s compensation continues its upward trend. In 2016, the average salary for CEOs jumped to $465,875 according to a report by The Hospital & Healthcare Compensation Service. This increase not only reflects the general trend in hospice CEO salary but also […]
Nurse Who Ignored Resident’s Seizures for 11 Hours Found Negligent by State
According to a report by the Minnesota Department of Health, Kenneth Allers suffered seizures for over 11 hours while a nurse (only identified in the report as “Alleged Perpetrator”) ignored him. Allers died the next day. The report states that on the morning of August 31, 2016 Allers had two seizures, approximately one-and-a-half hours apart. […]
New York City Comptroller Report Calls for Long-Term Planning for New York City Seniors
As the number of senior-citizens in New York City is expected to rapidly increase in the near-future, New York City Comptroller Scott Stringer is calling for a city-wide, long-term plan to meet the needs of New York’s senior population. Between 2005 and 2015, the number of senior citizens (those over the age of 65) rose […]
Nursing Home Resident Dies as Result of a Fall on Christmas Morning
On Christmas morning, a certified nursing assistant (CNA) at Woodbriar Health Care in Wilmington, Massachusetts improperly placed a resident in a mechanical lift when transferring her from bed to wheelchair, causing the resident to slip out of the lift and fall, breaking both her legs. The CNA attempted the transfer alone in violation of an […]
Six Individuals Arrested for Stealing from Nursing Home Residents
On October 18, 2016, six individuals were arrested in New York for exploiting the financial vulnerability of nursing home residents; defendants are from Bronx, New York, Queens and Suffolk Counties. The five New York City defendants stole personal identity information from residents in order to secure cash or credit they were not entitled to; and […]
Study Suggests Cure to Alzheimer’s May Be on the Horizon
An experimental drug may have led researchers one step closer to preventing Alzheimer’s disease. The drug is called ‘aducanumab’ and was developed by Biogen, a pharmaceutical company based in Massachusetts who also funded the study; results were published on Wednesday on Nature.com. In patients with Alzheimer’s, scientists have found an abnormal structure called ‘plaques’ in […]
Nursing Home Staff Arrested For Failing to Provide Care to 94 Year-Old Resident
Four nursing home staff members were arrested for neglecting to provide care to a 94-year old resident at Focus Rehabilitation and Nursing Center, Cooperstown, NY. The elderly female resident was diagnosed with a 4cm x 2cm pressure sore after allegedly being left in the same recliner for 41 hours over Memorial Day weekend this year. […]
Nursing Home Counselor Arrested for Alleged Sexual Abuse
New York Attorney General Eric T. Schneiderman has announced the arrest of nursing home counselor, Jack Stanley, for alleged sexual abuse of 2 residents at the Northeast Center for Special Care. Both residents involved suffer from traumatic brain injuries. Also known as “Northeast, ” the facility specializes in the care of brain injury, spinal cord […]
CMS Cracks Down on Social Media Misuse in Nursing Homes
A report published by ProPublica, a non-profit investigative newsroom journal, showed a spike in cases of elder abuse and invasion of privacy in nursing homes on social media. Twelve incidents were investigated within the first 7 months of 2016, totaling the amount of these occurrences in 2015. As a result, federal health agencies have announced […]
Dementia Patient Chokes on Grilled Cheese Sandwich in NY Nursing Home
An Upstate New York Nursing Facility is being sued by the son of a 63 year-old patient, who died after choking on a grilled cheese sandwich. Maureen A. Bali, a resident at Huntington Living Center from May through December 2015, suffered from dementia. As part of Bali’s resident plan of care, she was fitted for […]
83-year-old Alzheimer’s patient punched by security guard at Staten Island Nursing Home
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 […]
Resident-On-Resident Abuse Prevalent in NY Nursing Homes
A study published June 14, 2016 in the Annals of Internal Medicine found that at least one out of five seniors residing in a nursing home has experienced resident-on-resident abuse. Reports of resident-on-resident abuse were tracked over a period of one month in 5 urban and 5 suburban New York nursing homes through interviews, observation […]
Nurses Caught on Video Abusing Nursing Home Resident in Queens, NY
On June 2, 2016, two nurses were indicted after being caught on video surveillance ignoring an injured patient at Peninsula Nursing and Rehabilitation Center. The incident occurred in October 2015. A 51 year old disabled male patient fell in the hallway at the facility, injuring his head and jaw. Nurses Funmilola Taiwo and Esohe Agbonkpolor […]
Nursing Home Resident Dropped From Lift Breaks Both Legs and Dies Two Days Later
Woodbriar Health Center of Wilmington, Massachusetts faces up to $100,000 in fines following the death of a resident that resulted from a fall on Christmas day of 2015. The nursing home has been accused several times of poor care by the state and families of residents. An 83 year old resident, Mary Meuse, was dropped […]
Monroe County New York Nursing Homes as Repeat Offenders
Monroe County nursing homes have been cited for numerous deficiencies that often place residents at risk, yet they are still open for business; a Rochester nursing home remained open for two years after receiving chronic violations from the government. Democrat and Chronicle, a newspaper in Rochester, NY found that more than 1/3 of violations received […]
Lax Oversight of Nurses in New York Endangers the Public According to Propublica Investigations
According to a Propublica article,New York State’s oversight in the field of nursing care in considerably more lenient when compared with other states in the country. Over the past 15 years, nursing boards around the country have taken steps to tighten the screening process of nurse applicants before issuing licenses and implemented stricter punishments for abusers. […]
State Senate Proposes Bill to Help in the Prosecution of Elder Abuse
There are around six million cases of elder abuse in the United States each year. Five states account for more than 1/3 of those cases. New York is one of the five states. A report released in 2013 identified five obstacles prosecutors faced in handling elder abuse cases, which was the impetus for new bill […]
Camera Catches Nurse Assistants Physically Abusing and Taunting a Resident
Two certified nurse assistants in Florida were arrested after being caught on camera abusing an elderly patient at Palm Garden Nursing Home. Dale Wilson, the patient’s son, noticed bruising on his father, which prompted him to set up a hidden camera which captured three videos on physical abuse. Yashika Zenobiaha Jones, 28 and Rose Dorlean […]
Nursing Aid Sentenced to Jail after Sexually Abusing Resident
A Bronx nursing assistant accepted a plea to six months in jail and five years’ probation after being found guilty of Endangering the Welfare of an Elderly Person in the second-degree and Sexual Abuse in the second-degree of a nursing home resident at Manhattanville Rehabilitation and Health Center in the Bronx. He pled guilty to […]
NY Nursing Home Attorney Report: The Cover-up is Worse Than the Crime (Usually)
On January 4, 2016 Attorney General Eric T. Schneiderman announced several guilty pleas in connection with allegations against Mohawk Valley Health Care Center (MVNH) for falsifying business records and covering up nursing home resident abuse and neglect. In a separate civil settlement, MVNH Associates, LLC also agreed to pay a $1,000,000 fine to Medicaid for […]
Lawsuit Filed Following Newborn Death as Result of EMS Decisions / Medical Malpractice
The family of an infant child filed a lawsuit after the loss of their newborn in February of 2014 after emergency medical technicians and doctors made a series of medical errors, resulting in the infant’s death. On January 3, 2014, Sara Keenan breastfed her newborn baby Lana and put her down for a nap; an […]
Rochester Nurse Convicted of Falsifying Medical Records After Failing to Provide Blood Thinner
A Registered Nurse (RN) at St. Ann’s Community Home in Rochester, New York recently entered a plea of guilty in a criminal court case involving neglect of an elderly resident. RN Christine Deisenroth was prosecuted by the Medicaid Fraud Control Unit of the New York State Attorney General’s Office. AG Eric T. Schneiderman charged the […]
Beechwood Homes in Amherst, New York Cited for 56 Violations
Two employees at Beechwood Homes, an Amherst, NY nursing home, were recently convicted for crimes committed while they were supposed to be caring for residents. Kimberly Fay, a Licensed Practical Nurse (LPN), was convicted for stealing hydrocone. Ms. Fay falsely documented discarding tablets of hydrocone in part of a residents’ chart. Instead of discarding the narcotics, she […]
Nursing Home Residents Exploited on Social Media
Across the country, nursing home employees have been violating the rights of nursing home residents through social media, posting humiliating pictures and videos of residents against their will and without their knowledge. In 2012, a non-profit investigative newsroom found 35 instances of nursing home employees dehumanizing residents on social media networks; uploading pictures of residents […]
Group Home Workers Found Guilty of Endangering Residents
Two former Direct Service Assistant’s at Melville Estates, a state run group home for the mentally disabled, were convicted of Endangering the Welfare of an Incompetent or Physically Disabled Person. James P. Brown Jr. was found guilty of violently and aggressively punching a 53 year old developmentally disabled resident at a bench trial before Suffolk […]
Medford Multicare Center for Living Citations & Lawsuits
N.Y. Nursing Home Workers Convicted Of Crimes After Resident Death And Attempted Cover-Up An investigation conducted by Attorney General Schneiderman’s office resulted in the arrest of nine nurses in connection with the death and attempted cover up of the death of Aurelia Rios, a 72 year old nursing home resident at Medford Multicare Center for Living in […]
Nurse Pleads Guilty to Obtaining Narcotics Through Fraudulent Prescriptions
Linda Masse, a Licensed Practical Nurse, pled guilty in Schenectady County Court to one count of Criminal Possession of a Forged Instrument in the Second Degree, a Class D Felony, with a sentence of felony drug court. Masse also agreed to surrender her nurse practitioners license. Linda Masse was a licensed practical nurse at Women’s […]
Nursing Aid Arrested for Causing Injury to Resident and Trying to Cover it up
Certified Nurse Assistant, Fiona Jennings, was arrested on charges of endangering the welfare of a nursing home resident at Schuyler Ridge Residential Healthcare. The resident was a 74 year old woman prone to falls due to her recent knee fracture. Jennings failed to properly care for the resident resulting in bruising and swelling to her […]
Plaintiff’s Medical Malpractice Case Dismissed due to Expert’s Use of Unproven Medical Opinion
The New York Supreme Court, Appellate Division, First Department affirmed a trial judge’s order that granted the defendant’s motion for summary judgment, dismissing a medical malpractice complaint. The plaintiff was prescribed Lipitor and Azithromycin. Lipitor is FDA-approved to treat high cholesterol. Azithromycin is an anti-biotic used to treat bacterial infections. The plaintiff later suffered from […]
Nursing Aide Prosecuted for Brutal Assault against Resident of Nursing Home
The elderly victim of the assault was a resident of the West Lawrence Care Center in Rockaway, New York who suffered from osteoporosis, arthritis, and bone marrow disease. Due to her ailments, the victim was bedridden at the time of the assault. As such, she was unable to take care of herself on her own […]
Rockland Nonprofit Charged with Forging Medicaid Claims and Lying in Medicaid Audit
The nonprofit Mental Health Association of Rockland County, Inc. has agreed to settle with the New York State Office of the Attorney General for $304,000 in response to allegations that the nonprofit altered Medicaid records. In its settlement agreement, the nonprofit admitted to the allegations and accepted responsibility for its actions. Medicaid is a state […]
Criminal Charges Result from Bronx Nursing Home Death
CBS News brings us this disturbing story from a Bronx County nursing home: An aide at a Bronx nursing home is facing charges in connection with the death of a 77-year-old patient. According to law enforcement sources, the fight that broke out between the aide and the victim was so intense that witnesses told police […]
Elder-against-Elder Abuse in Nursing Homes
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 […]
Dumont Center for Rehabilitation and Nursing Cited for Failure to Prevent Pressure Ulcers in Westchester
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 […]
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 […]
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 […]
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 […]
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 […]
