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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 2012. A dual-jury trial took place in July 2015 in Suffolk County Court.
Rios, a retired dental assistant and mother of three, was sent to Medford Multicare Center for six weeks of temporary rehab to treat pneumonia. On October 26, 2012 Rios’ ventilator became disconnected, which she depended on to breathe while asleep. The alarm signal on the ventilator was ignored by nurses, therapists, and aids for a period of two hours, resulting in her death shortly after. The incident was reported a few days after Rios’s death by an off-duty employee who was surprised by Rios’s death.
Jury A found respiratory specialist Kelthie Joseph guilty of Criminally Negligent Homicide, a class E felony, for causing the death of Aurelia Rios; Willful Violation of Public Health Laws, a class A misdemeanor, for failing to immediately report that Rios’ death was the result of neglect as required by the New York State Public Health Law; and was sentenced to nine months in jail with three years of probation. A statement by Joseph was submitted into evidence that she did not read the doctor’s orders stating that Rios must be on a ventilator while asleep and video camera surveillance showed Joseph walking past Rios’ room twice while the alarms were going off, failing to intervene.
Registered nurses Marianne Fassino and Kimberly Lappe ignored Rios’ audible and visual alarms of respiratory failure for two hours and cardiac alarms and messages to their pagers after Rios stopped breathing. Video surveillance showed that Fassino and Lappe were near several computer monitors displaying that Rios was in respiratory distress. Victoria Caldwell, a licensed practical nurse, falsely claimed that Rios was alive when she responded to her respiratory alarms in her nursing notes and statements to investigators. Christine Boylan, a licensed respiratory therapist and Medford Multicare’s former Director of Respiratory Therapy, was discovered to have hidden relevant computer records from a Department of Health investigator. Boylan attempted to conceal records, which described the nursing home staff’s neglect and failure to respond to Rios’ respiratory and cardiac alarms.
Jury B held Fassino guilty of Falsifying Business Records in the First Degree, a class E felony, one count of Endangering the Welfare of an Incompetent or Physically Disabled Person, a class A misdemeanor, and two counts of Willful Violation of Health Laws and was sentenced to six months in jail and five years of probation. Lappe was found guilty of two counts of Falsifying Business Records in the First Degree, Endangering the Welfare of an Incompetent or Physically Disabled Person and two counts of Willful Violation of Health Laws and was sentenced to nine months in jail and five years of probation. The jury found Boylan guilty of two counts of Falsifying Business Records in the First Degree and one count of Willful Violation of Health Laws and was sentenced to six months in jail and five years of probation. Caldwell was found to be guilty of four counts of Falsifying Business Records in the First Degree and one count of Willful Violation of Health Laws and was sentenced to forty-five days in jail and five years of probation.
In October 2015, three former Medford Mulitcare aides, Patricia DiGiovanni, Christina Corelli, and Leona Gordon were sentenced after they pleaded guilty to misdemeanor charges as a result of the circumstances surrounding Rios’ death. The defendants also had to forfeit their CNA certificates and were each sentenced to three years of probation on the condition that they cannot be employed taking care of any incompetent person. DiGiovanni’s sentence also required her to perform 840 hours of community service.
Attorney General Schneiderman stated that nursing home staff members have a responsibility and duty to care for their patients. The convicted nurses and respiratory therapists neglected the victim and attempted to cover-up the truth behind her death. A.G. Schneiderman further stated that his office will continue to prosecute those who neglect and abuse the elderly.
The New York State Office of the Attorney General also filed a civil lawsuit separately, charging Medford Multicare’s owners with corporate fraud and looting, due to a history of their employees’ criminal conduct. Medford Multicare profited greatly from Medicaid funds, but has a long history of neglecting their residents. Eighteen of Medford Multicare’s licensed and certified employees have been prosecuted for neglect and fraud in attempts to cover up instances of neglect and abuse since 2008. The Attorney General’s Medicaid Fraud Control Unit (MFCU) conducted a hidden camera investigation, which led to six of the eighteen convictions.
New York Nursing Home Medford Multicare Center Cited for Patient Choking Incident & Neglect
Medford Multicare Center for Living received 63 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on April 4, 2020. The Medford nursing home’s citations resulted from a total of 19 surveys by state inspectors. The deficiencies they describe include the following:
The nursing home did not adequately protect residents from neglect. Section 483.12 of the Federal Code requires nursing homes to ensure each resident’s “right to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A May 2018 citation found that Medford Multicare Center for Living did not ensure such for one resident. The citation states specifically that a Certified Nursing Assistant gave the resident food “that was intended for another resident,” and that the resident subsequently consumed the food from their tray and choked. A plan of correction undertaken by the facility included the termination of the CNA and the revision of the resident’s care instructions to include a “nothing by mouth” instruction.
The nursing home did not take adequate measures to prevent elopement. Section 483.25 of the Federal Code requires nursing homes to provide each resident with “adequate supervision and assistance devices to prevent accidents.” A June 2018 citation found that Medford Multicare Center for Living did not ensure such. The resident states specifically that a resident was able to exit undetected an alarmed door to the facility’s patio on two separate occasions, on the second one remaining on the patio “unsupervised for at least 25 minutes.” The citation goes on to state that staff reported not hearing the door alarms during the second incident. A plan of correction undertaken by the facility included the placement of the resident on one-to-one monitoring, and the education of a staffer who did not report to the nursing supervisor that the resident was on the patio.
The nursing home did not provide adequate pressure ulcer care. Section 483.25 of the Federal Code stipulates that nursing homes must ensure residents with pressure ulcers are provided “necessary treatment and services to promote healing, prevent infection and prevent new sores from developing.” An October 2016 citation found that Medford Multicare Center for Living did not ensure such for one resident. The citation states specifically that a Licensed Practical Nurse did not employ proper wound dressing change technique, and “did not use gauze pads to cleanse the surface of the wound bed to remove the loose foreign debris or contaminants in order to decrease microbial growth.” A plan of correction undertaken by the facility included the in-servicing of the LPN in question.
Medford Multicare Center Nursing Home Cited for Medication Errors
Medford Multicare Center for Living received 26 citations for violations of public health code between 2018 and 2022, according to New York State Department of Health records accessed on May 6, 2022. The Medford nursing home’s citations resulted from a total of 9 inspections by state surveyors. The deficiencies they describe include the following:
The nursing home did not adequately prevent medication errors. Under Section 483.45 of the Federal Code, nursing homes must keep their residents “free of any significant medication errors.” A July 2019 citation found that Medford Multicare Center failed to ensure such. The citation specifically describes an instance in which a resident did not receive their physician-ordered medications upon admission, including insulin, an anticoagulant, and an antihypertensive. In an interview, the facility’s MD stated that in cases where medications are unavailable, he expects facility staff to call him so he can order a substitute, adding that the “insulin and antihypertensive medications were significant medications.” A plan of correction undertaken by the facility included the educational counseling of relevant staff.
The nursing home did not maintain sufficient nursing staff. Section 483.35 of the Federal Code stipulates that nursing homes “must have sufficient nursing staff with the appropriate competencies and skills sets to provide nursing and related services to assure resident safety and attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.” An October 2019 citation found that Medford Multicare Center failed to ensure such. The citation specifically describes a resident council meeting in which residents, family members, and a visitor “complained of insufficient staff to care for residents needs in a timely manner including waiting for up to two hours for toileting and personal hygiene needs.” The citation goes on to describe the facility’s failure to staff its certified nursing assistants “as per their Facility Assessment.” A plan of correction undertaken by the facility included the correction of the nursing home’s facility assessment to accurately reflect sufficient staffing levels, as well as the counseling of certified nursing assistants.
The nursing home did not keep residents free from the unnecessary use of psychotropic medications. Section 483.45 of the Federal Code requires that nursing homes keep residents’ drug regimens free from the unnecessary use of any drugs that affect “brain activities associated with mental processes and behavior,” including anti-psychotics. An October 2019 citation found that Medford Multicare Center failed to ensure such. The citation states specifically that one resident was administered an antipsychotic medication, Quetiapine, in the absence of “documented evidence that an approved indication and supportive documentation was completed to address the continued use of the antipsychotic medication.” A plan of correction undertaken by the facility included the implementation of a gradual dose reduction of the medication.
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, obstructing government administration, tampering with physical evidence, and endangering an incompetent person. The charges were originally brought about by the Attorney General’s office, which is handling the criminal case.
In October 2012, Aurelia Rios, a 72-year-old woman, was admitted into the facility for respiratory problems. A doctor ordered that Rios be hooked up to a ventilator at night. Staff members ignored these orders, according to officials. Because Rios’ breathing was still monitored electronically, an alarm sounded to alert staff members that the patient was breathing; the alarm sounded every 15 seconds over a period over several hours, but staff members, including a nurse who sat several feet away from a computer showing the alarms, ignored the patient who eventually died. An administrator then deleted computer records of the alarms in an apparent attempt to conceal how the patient had died. All six employees have been placed on paid leave pending the outcome of the case.
Andrew Moesel, a spokesperson for the facility, stated, “This is just the next step in the legal process that began in February. Medford remains confident that these allegations will be proven false, and it will show that the facility in fact provides excellent quality of care.”
The nursing home has been cited by the Department of Health (DOH) for numerous deficiencies in the past. During an August 2012 inspection, officials discovered that the facility failed to provide timely treatment to a resident who had a bedsore. The dementia patient was transferred to the Medford home after being in the hospital. The hospital’s medical records, which should be reviewed by nursing home staff members in charge of admitting residents, indicated that the patient had a stage III pressure ulcer which wasn’t detected by nursing home employees until several days later. As a result, the bedsore grew in size and worsened. Because pressure sores progress quickly, they can cause serious medical complications, such as sepsis, if left untreated.
In addition, DOH investigators determined that the nursing facility failed to respond to the immediate needs of a dementia patient with a history of behavioral issues. According to the patient’s care plan, staff members were instructed to intervene with therapeutic remedies if the patient became upset or agitated. However, a DOH inspector observed the man screaming for help while he was left unattended in the dining room. A social worker sitting at the nurse’s station repeatedly ignored the man’s pleas for help. She later admitted that she should have intervened.
For more on this story, visit newsday.com.
Nurse At Medford Multicare Center Sentenced After Neglecting Resident And Falsifying Medical Records
Nicole Campo, a former Licensed Practical Nurse at Medford Multicare Center in Medford, New York was recently charged criminally for neglecting an elderly resident and falsifying medical records. More specifically, LPN Campo reportedly ignored the repeated call bell of an 82 year old resident. As a result, the resident urinated in her bed and became so frustrated that she got herself into her wheelchair and wheeled herself to the nurse’s station, where Campo was standing. Campo blamed a young CNA for the failure to respond to the call bell, and drafted a false statement to the facility during it investigation into the incident. The C.N.A. was subsequently fired. However, the nursing home’s security cameras confirmed the resident’s version of events and revealed Campo’s statement to be false.
As a result of the criminal charges, Campo was sentenced to three years probation with
special conditions that she refrain from employment caring for any incompetent
person (age, physical disability, or mental disease or defect) and required completion of a state-approved substance abuse program.
Website Resource: Long-Term-Care Community Coalition Report, 3/16/10-6/15/10.
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 General Cuomo stated, “Today’s arrests highlight this office’s ongoing effort to investigate and prosecute individuals who shamelessly mistreat Long Island’s most vulnerable patients. My office will continue to use innovative techniques, including surveillance cameras, to expose and bring to justice anyone jeopardizing those who cannot care for themselves. Let me be clear that this is an ongoing, expanding investigation and the charges brought today underscore my commitment to protect elderly patients at nursing homes across the state.”
LPN Janet Coleman, 49, of Moriches, New York, allegedly, among other instances of neglect, allegedly falsified medical records to conceal the fact that she failed to provide treatment to a resident’s gastrostomy tube site. CNA, Marie Pierre, 35, of Elmont, New York, allegedly failed to perform Range of Motion exercises on a resident to prevent his muscles from contracting; failed to turn and position a resident to prevent skin breakdown and pressure ulcers (bedsores, decubitis ulcers); and failed to change a resident every two hours.
Another CNA, Paulette George, allegedly failed to bathe a resident for weeks and falsified records to indicate that the resident had been showered. LPN Kim Purdum, 36, of South Beach, New York, allegedly falsified a resident’s chart to conceal that she had not performed necessary blood tests to monitor dosage of Coumadin, a blood thinning medication. The lack of this routine testing and monitoring resulted in the resident suffering internal bleeding and extensive external bruising.
Website Resources: New York State Attorney General, Cuomo’s Hidden-Camera Investigation Nets More Employees of Medford Multicare Center for Endangering Patients and Falsifying Records to Conceal Neglect, October 30, 2009.
New York State Attorney General: Nine Employees Arrested from Long Island Nursing Home that Has History of Abuse and Neglect
Nine employees of the Medford Multicare Center for Living in Medford, New York were arrested in February 2014 for neglecting patients or trying to conceal the neglect from investigators. Seven of the arrests were linked to the death of a 72-year-old woman at the facility in 2012. In a separate civil suit filed in February 2014, the Attorney General alleges that the owners of the facility lined their pockets with $60 million in Medicaid funds while the quality of care at the facility deteriorated.
Kethlie Joseph, 61, a licensed professional trained in administering ventilator treatments, was charged with criminally negligent homicide for the death of a 72-year-old woman in her care. Joseph admitted that she ignored a doctor’s order to hook the woman up to a ventilator at night. The woman died as a result of not receiving the proper treatment. In addition, Joseph ignored alarms that sounded for two hours as well as messages to her pager that indicated that the patient had stopped breathing. Video camera footage shows Joseph walking away from the patient and not returning until hours later.
Other employees were also charged in connection with the resident’s death. Kimberly Lappe, 31, a licensed registered nurse, ignored alarms for two hours despite being inches away from monitor screens. Victoria Caldwell, 50, a licensed practical nurse, falsely claimed that the resident “looked up at me” when, in fact, the patient had probably been dead for some time. Christina Corelli, 37, claimed that the resident’s alarm was not hooked up and that the resident had been breathing normally, which was later revealed to be untrue. Finally, Patricia DiGiovanni, 62, an aide assigned to sit at the resident’s bedside, did nothing to respond to repeated alarms.
David Fielding, 56, a licensed administrator, and Christine Boylan, 49, director of respiratory therapy, were arrested for trying to conceal computer records that documented the alarms. An anonymous whistleblower later told authorities the truth about the woman’s death.
In two separate cases, Yolanda Monsalvo, 47, and Catherine Reyes, 49, were charged with Falsifying Business Records in the First Degree and Willful Violation of the Health Laws. Monsalvo was arrested for leaving the building while a dementia patient she was supposed to be caring for suffered from a traumatic brain injury and a broken arm. A patient under Reyes’ care was found in extremely unsanitary conditions.
In a separate civil suit against the owners of the facility, the Attorney General claims that the owners took more than $60 million in Medicaid payments for themselves while the quality of care suffered greatly. For instance, since 2008, 17 employees of the facility have been convicted of neglect or attempting to cover up the neglect. Moreover, the suit alleges that the owners paid themselves huge salaries while cutting back on medical supplies and slashing the salaries of staff who provide critical care to residents.
Website Resource: A.G. Schneiderman Announces Arrests Of Suffolk County Nursing Home Employees And Lawsuit Against The Home’s Owners Alleging Pattern Of Neglect
NY Nursing Home Neglect Attorney Report: Long Island Nursing Aide Punished For Improper Transfer And Documentation
Christine Butzbach, a former nurse’s aide at Medford Multicare Center Medford Butzbach, was recently punished for failing to abide by a care plan for transfers. Ms. Butzbach was reportedly seen bringing a resident and a Hoyer Lift into the resident’s room and then exiting the room with the Hoyer Lift. The witness told the resident’s wife that she believed Ms. Butzbach transferred the resident using the Hoyer Lift without the assistance of another caregiver as required. Investigation revealed that the defendant had done this on other prior occasions as well and that she signed the resident’s accountability record for those dates. Ms. Butzbach later admitted to investigators that she had performed the transfer alone.
After prosecution by the Medicaid Fraud Control Unit of the NYS Attorney General’s Office, Ms. Butzbach was sentenced to a one-year Conditional Discharge and 280 hours of community service. Special conditions include surrendering her certification, must refrain from being employed in any capacity taking care of any incompetent person and provide 3 month updates in which she must provide evidence that she is gainfully employed or in school or both.
Website Resource: Long-Term-Care Community Coalition, Enforcements, Winter 2010.
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 as called for in the resident’s care plan. The resident complained of pain and two days later an x-ray confirmed that she had a fractured femur. Both employees provided false written accounts of the incident to the facility.
Website Resources: Long-Term Care Community Coalition, Enforcement Actions
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 if you have a potential case involving neglect or abuse.
