Nursing Home Abuse in New York
Two New York Nursing Home Workers Fired for Nursing Home Abuse
March 30, 2011
Two nursing home workers at Northgate Health Care Facility in Wheatfield, NY were fired last spring for their involvement in nursing home abuse, according to a New York State Health Department report.
The report shows that the two workers placed two mentally impaired patients, one who is blind, in the same bed, told them they were married, and tried to get them to behave inappropriately.
The nursing home administrator said the abuse happened last April and resulted in the two employees being fired immediately and the incident reported to the State Health Department. The State Health Department concluded after their investigation that Northgate Health Care Facility handled the incident appropriately.
The ex-employees are no longer allowed to work in the field of nursing.
Nursing home abuse comes in many form, all if it devastating to the victims and their family members. We encourage you to fight against nursing home abuse and neglect by contacting a qualified nursing home abuse lawyer if you know of or suspect abuse in a nursing home.
New York Worker Accused of Nursing Home Abuse
April 3, 2013
A worker at a Tarrytown, New York nursing home has been accused this week of nursing home abuse after reports of violence and name-calling.
According to the Tarrytown Police, the Tarrytown Hall Care Center filed a report on the abuse. As mandated by the NYS Department of Health, any instances of abuse and neglect must be reported by witnesses and administrators. In addition, even suspected abuse and neglect should be reported.
Per the nursing supervisor at the Wood Court center, the incident occurred on March 15, close to 4 p.m. Two workers were helping an elderly male patient move onto a shower chair before taking a shower. Allegedly, the patient scratched one of the workers in the chest. As a result, the nursing supervisor stated that the second worker push the victim’s head down several times before shouting “Stop doing that, you crazy old man!” The worker who got scratched reported the altercation.
Police have investigated and notated the incident, but so far, no criminal charges have been filed. However, the state of New York allows victims and/or their family members to retain a nursing home abuse attorney and file for civil damages.
This isn’t the first time Tarrytown Hall Care Center has been in the hot seat. In November 2001, the facility was fined $2,000 for mistreating residents, a direct violation of the New York Facility Practices and Resident Behavior Law. The violation was founded during a routine inspection. The fine was paid directly to the New York Department of Public Health.
New York Nursing Home’s Shortcomings Led to Nursing Home Abuse
May 21, 2011
Twelve citations were issued to the Cayuga County Nursing Home in New York after an inspection in January. Some of the nursing home’s deficiencies resulted in incidents of nursing home abuse.
One incident of abuse involved a resident falling and breaking a bone. And an Alzheimer’s patient was improperly restrained resulting in bruising.
Another citation was issued for the nursing home failing to prevent and properly treat a bed sore, which resulted in the sore becoming a Stage II ulcer.
The nursing home was also cited for other inadequacies such as uncomfortable temperatures and poor food quality, infrequent physician visits, and not making sure nurse call systems worked in every room, among other problems.
The Department of Health reported that all of the problems were corrected when another inspection took place in April.
A lack of proper care in nursing homes across our country is not uncommon. We urge family of nursing home residents to make frequent visits to their relatives nursing home and look for signs of abuse or neglect. If you do suspect any form of abuse, you need to contact the police right away and get in touch with a nursing home abuse lawyer.
New York Nursing Homes Issued Fines for Nursing Home Abuse
August 14th, 2010
The Westmount Health Facility in Queensbury, NY is one of 11 New York nursing homes to be issued fines by the federal government for failure to comply with quality care requirements.
Westmount and Warren County, where the nursing home is located, were fined $4,550 after a survey was conducted this past February. The fine reflects a 35% reduction due to the nursing home waiving its legal right to a hearing. Earlier in the year another failure to comply with quality care requirements fine was issued to Westmount by the Centers for Medicare and Medicaid Services. The fine of $31,297 was also reduced by 35%.
An inspection in May of 2009 led to the fines by the Centers for Medicare and Medicaid Services. The inspection concluded that the county created an immediate jeopardy to resident health and safety by failing to hire only people who have no legal history of abusing, neglecting or mistreating residents or report and investigate any acts or reports or nursing home abuse, nursing home neglect, or mistreatment of residents. In addition, the inspection found that Westmount failed to make sure that the nursing home is free of dangers that cause accidents, failed to be administered in a way that leads to the highest possible level of well being for each resident, and failed to set up or keep a group of people to review and ensure quality.
New York Nursing Home Fined for Nursing Home Abuse Issue
August 4, 2011
Van Duyn Home and Hospital located in Syracuse, NY has been fined for allowing a man with a history of alcoholism to leave the facility which led to him getting drunk, having a seizure, cutting his head, and ending up in the emergency room. The Centers for Medicare & Medicaid Services issued a fine of $73,650 against the nursing home.
Van Duyn has a history of allowing at risk residents to leave the facility. The nursing home was cited earlier in the year when a quadriplegic resident ended up in the hospital after being given a pass to leave the facility. While the resident was away from the nursing home the resident had a seizure and developed other medical issues which caused the person to have to go to a hospital intensive care unit.
An inspection report said Van Duyn fixed it’s pass policy and made other corrective actions. However, this latest incident highlights that there is still a problem at the nursing home of allowing at risk residents to leave the facility which may cause them harm.
A nursing home abuse lawyer can help you and your family if nursing home abuse or neglect becomes an issue with a loved one at a nursing facility.
New York Nursing Home Fined Due to Nursing Home Abuse
December 16, 2011
Uihlein Living Center nursing home of Lake Placid, New York was fined $20,150 for “noncompliance that constituted immediate jeopardy to resident health and/or safety.”
The nursing home abuse involved a licensed practical nurse who refused to suction out a resident’s tracheostomy which would have helped him breathe better. The nurse also would not let him call his mother. The resident eventually got a hold of his mother via Facebook. The mother then reported the incident to the nursing supervisor.
The supervisor did assist the man with his tracheostomy care but allowed the LPN to continue working and did not document and immediately report the incident.
Additionally, inspectors cited the nursing home for not doing a thorough investigation of a complaint by the same man that a nurse removed his Passy-Muir valve which caused him to not be able to speak. The facility was also cited for not properly investigating facial lacerations and bruises on another resident.
A spokesperson for the nursing home says that the fine has been paid and a corrective action plan was implemented to fix the problems.
A nursing home abuse lawyer can help you and your family if nursing home abuse or neglect becomes an issue in your lives.
New York Nursing Home Cited for Nursing Home Abuse Issues
March 25, 2012
Two “immediate jeopardy” citations were recently issued to Pleasant Valley nursing home in Fort Edward, New York. These citations are the most serious citations issued by the Health Department.
The citations are characterized by issues that cause, or are likely to cause, serious injury, harm, impairment, or death to residents.
The citations were for infection control issues and for not immediately reporting possible nursing home abuse. One aide was subsequently fired and another was disciplined for their involvement.
Pleasant Valley nursing home has a history of poor performance with 13 actual harm or immediate jeopardy citations issued over the last three years.
These most recent citations came after a nine-day inspection by the state Health Department. The nursing home administrator says he expects the deficiencies will be fixed by Monday.
A nursing home abuse lawyer can help you and your family if nursing home abuse or neglect becomes an issue in your lives.
New York Nursing Home Abuse Firm Brown Chiari Files Class Action Lawsuit
November 1st, 2010
New York nursing home abuse and nursing home neglect law firm Brown Chiari LLP has filed a class action lawsuit against Legacy Health Care, the operator of numerous elderly care facilities. The lawsuit cites neglect and endangerment to the welfare of residents.
Among the elderly care facilities operated by Legacy Health Care are Ridge View Manor LLC, Williamsville Suburban LLC, Williamsville View Manor Nursing Home, and Sheridan Manor.
“Brown Chiari filed the class action lawsuit against the nursing home chain on behalf of plaintiffs due to alleged deprivation of rights and benefits to which residents were legally entitled,” said Mike Scinta of Brown Chiari. “Among the causes of action brought in this lawsuit, the named defendants are accused of failing to ensure a dignified existence for residents, inadequate staffing, and quality of care issues.”
Legacy Health Care is also accused of fraud, breach of contract and negligence. The complaint states that Legacy Health Care failed to staff facilities with adequate and qualified personnel to care for residents, compromising dignity of residents and quality of care.
Brown Chiari LLP is one of the biggest nursing home abuse and neglect law firms in the state of New York. Brown Chiari is the exclusive New York law firm of the Nursing Home Abuse Center. If you live in the state of New York and suspect a loved one is a victim of nursing home abuse or neglect we urge you to contact the experienced law firm of Brown Chiari LLP.
New York Nurse and Caregiver Plead Not Guilty to Nursing Home Abuse
June 27, 2013
Two Port Jefferson Station, New York nursing home workers plead not guilty this week to nursing home abuse, stemming from an alleged 2012 incident.
According to reports, personal caregiver Laura Harper and registered nurse Raquel Bouton both worked at the Woodhaven Nursing Home in 2012, when they reportedly abused an 88-year-old male resident who suffers from dementia.
In March of 2012, the two suspects tied the elderly victim’s hand up and began to punch him after he wouldn’t allow them to change his urine-soaked clothes. They also placed a pillow over his head, which resulted in breathing problems.
Per the indictment against the two workers, the victim not only suffered from breathing problems, but also had extensive bruising in the torso area and complained of physical pain.
Another aide at the nursing home witnessed the incident, and came forward to the administration at the nursing home a few days later. The nursing home administration then reported the incident to authorities.
Earlier this year, another case of nursing home abuse stemmed from Woodhaven. Two different workers reportedly took alarming videos and photos of the nursing home residents.
Both Bouton and Harper have been charged with felony nursing home abuse. If convicted, they may face up to seven years in prison.
If you or a loved one have been victim to nursing home abuse, an experienced nursing home abuse lawyer can assist you. At McIver Brown law firm, our leading nursing home abuse attorneys have helped many clients go on to win the justice they’re entitled to. Give us a call for a free consultation.
New York Man Gets Prison for Sexual Nursing Home Abuse
May 25, 2011
An aide at a New York City nursing home was sentenced to seven years in prison for the sexual nursing home abuse of a 61-year-old stroke patient. The partially paralyzed woman is unable to speak but was able to point to letters to communicate and testify against her attacker.
A nurse found the man sexually abusing the resident after the victim managed to hit a call light for help. The nursing home aide was acquitted of rape but was convicted of sexual abuse and other charges.
The victim communicated with the court using an interpreter who read the words the woman spelled out by pointing to letters on a board.
Although unthinkable to most, sexual nursing home abuse is a pervasive form of abuse in nursing homes. We urge family of nursing home residents to check in with their loved ones in nursing homes frequently, and take any signs of abuse seriously by reporting them to police immediately. You should also contact a qualified nursing home abuse lawyer who can help you navigate what legal action you can take.
New York Man Charged with Nursing Home Abuse
July 9, 2013
Last week, a New York man was charged with sexual assault against an Albany, New York nursing home resident in a severe case of sexual nursing home abuse that happened the month prior.
According to reports, 64-year-old Richard Ragone assaulted the victim, a resident of the Loudonville Home for Adults, on November 30, when he touched her in an inappropriate manner while doing maintenance in her room. Ragone worked as a handyman for the nursing home, and initially went to the victim’s room in order to change her lightbulb. He was immediately fired when nursing home officials heard about the accusations.
This isn’t the first time Ragone has been charged with sexual abuse. He is a Level 3 sex offender, and have spent over 16 years in prison for a previous sexual crime. When confronted with the allegations, Ragone admitted to the abuse. He was arrested and has been charged with a misdemeanor sexual charge and a felony charge of endangering the welfare of the elderly.
The investigation is ongoing and police are still asking for any tips or clues in the criminal case. However, Ragone may also face civil charges should the victim or the victim’s family retain a nursing home abuse attorney and file for damages.
Ragone’s previous convictions consist of sodomy, attempted sexual abuse, and first degree rape. The nursing home didn’t specify whether Ragone was given a criminal background check before being hired. He remains in jail on a $25,000 bond.
New York LPN Arrested on Nursing Home Abuse Charges
August 26, 2012
A former staff member at Pleasant Valley nursing home in Argyle, NY was arrested last Thursday on nursing home abuse charges. The licensed practical nurse is accused of not giving patients their medication and lying in records to say the patients had received their medicine.
The woman is accused of not giving five residents their morning dose of Synthroid, and faces five felony counts each of physical abuse and neglect of a resident, willful violation of health laws, and falsifying business records. In total, 15 charges have been filed against her.
The LPN has stated she did indeed give the patients their medication but was arrested following a state investigation.
It is not known whether the neglected residents suffered any negative health consequences.
The accused woman had been released from jail but is due back in court in September.
Pleasant Valley nursing home has had a string of nursing home abuse and neglect problems, failing multiple inspections, and is currently for sale by the county.
Staff stealing or otherwise being negligent with patient medications is one of the many forms of abuse seen in nursing home throughout the country. If you believe a loved one has suffered abuse or neglect, or if you have been a victim, a nursing home abuse attorney can help you get justice and any financial compensation you’re owed.
Nursing home abuse lawyers specialize in nursing home issues such as bed sores and other forms of neglect, as well physical, sexual, and other forms of abuse found in nursing homes.
New York Family Receives $130 Million Medical Malpractice Settlement
May 17, 2013
A Suffolk County family was victorious last month, winning a $130 million medical malpractice settlement after their attorney originally turned down an $8 million settlement and lost at trial.
According to reports, Shannon Reilly, a 10-year-old with Cerebral Palsy, will be confined to a wheelchair for the rest of her life. Her disability stems from a serious mistake made when she was born. Nurses at the St. Charles Hospital in Port Jefferson failed to observe that Reilly was being deprived of oxygen right after birth. As a result, the young girl will now face life suffering a debilitating disease.
Per the family’s attorney, if Reilly’s situation had only been noticed 15 minutes earlier, she wouldn’t be facing any of the health difficulties she has today:
“The saddest part of this case is that despite the litany of errors, this baby could have been rescued. Had the nursing team communicated with the obstetrician just 15 minutes sooner — and delivered the baby — this terrible tragedy could have been avoided,” the attorney said in court.
Originally, the victim’s attorney refused the the hospital’s previous 2008 settlement of $8 million. The case went to trial and the family lost. Most considered this a bad move on the attorney’s part, yet he was determined that the settlement amount was not enough to cover the damages done to the young victim. The family carried on, however, and the state appellate granted them a new trial in 2011, which resulted in a hung jury.
The third and final trial started last month, resulting in the jury handing down a $138 million verdict, signed by a Suffolk County judge. The family is reported to be ecstatic with the new settlement amount, which will be enough to provide for the victim for the rest of her life.
If you or a loved one have been victim to medical malpractice, an experienced medical malpractice lawyer may be able to assist you. At McIver Brown law firm, our leading team of experienced Texas medical malpractice lawyers have helped numerous clients win the maximum financial compensation they deserve. Give us a call today for a free consultation.
More Details Released in New York Nursing Home Abuse Case
April 3, 2011
The Niagara Gazette reported new details regarding a case of nursing home abuse where two certified nurses assistants put two mentally impaired residents into bed together and tried to get them to have some type of sexual interaction.
According to a state Department of Health report the two ex-employees of Northgate Health Care Facility in New York “joined in humiliating, distressing, and violating the dignity” of the two nursing home residents. The abuse occurred last April and an investigation wrapped up in February.
The report says the two abusers engaged in this activity “for their own entertainment”. The abuse included making sexual comments to the two residents and taking pictures on a cell phone camera.
Telling the two residents that they are married, the workers placed the man and woman into bed together. The abuse happened in the man’s room, which he shares with his real wife. The man’s real wife was present as the abuse happened. The man was coerced into touching the other woman’s shoulder as she protested.
The CNAs who engaged in the abuse were fired, as were two other workers who saw the abuse and did not stop or immediately report it.
Heinous abuse such as this calls for family members of the victims contacting a nursing home abuse lawyer to discuss what legal actions can be taken.
Male Nurse Aide Arrested in New York Following Nursing Home Rape Allegations
January 23, 2014
A 42-year old male nurse aide has been arrested after he was allegedly found on top of an elderly nursing home patient in the early hours of February 18th.
Nanic Aidasani was working at the Manhattanville Health Care Center in Kingsbridge in the city’s Bronx district when a fellow employee spotted him on top of a 64-year old female patient. The victim suffers from dementia and cannot speak. Aidasani had allegedly raped the patient. The victim’s daughter then took her mother to the New York Presbyterian Hospital for a rape kit examination but because her mother cannot speak, they can only get court approval to conduct the test. This examination could provide crucial information about what happened that night.
Families are greatly tested as they try to find the right nursing home facility for their loved ones. Often it can take weeks or even months to search through and scope out the various facilities that are available. Trust is a key factor is searching for the right home. But when that trust is broken, as in the above story, there is no greater feeling of devastation. Leaving your loved one with seemingly professional employees is a great risk and sadly more often than not stories emerge the world over about nursing home residents being abused or neglected.
There are many different forms that abuse can take and sexual abuse is one of the most difficult to comprehend. The consequences can affect entire families, and often it is family members who have to tirelessly and vigorously fight on behalf of the victim in order to bring those at fault to justice.
Nursing Home Abuse Center is an excellent resource full of intelligent and sound information regarding nursing home abuse issues. Backed by McIver Brown Nursing Home Law Firm, the site provides comprehensive information regarding all types of abuse and neglect cases, including what to look out for and who to contact if you do suspect that your loved one is not safe.
Janitor at New York Nursing Home Accused of Nursing Home Abuse
December 28, 2012
A janitor at a Bronx, New York nursing home has been accused of nursing home abuse after he attempted to sexually assault an 81-year-old resident.
According to reports, Jorge Sarmiento was working at the Hudson Pointe Nursing Home earlier this month when he lured Gertrudiz Munoz into a closet. Allegedly, Sarmiento then attempted to sexually abuse the senior citizen. Since Munoz suffers from Alzheimer’s,, she was unable to adequately convey what happened. Detectives on the case, however, pieced the information together.
After the incident, the nursing home called the family of Munoz, only to tell them that she was being taken to the hospital. It wasn’t until the family spoke with detectives that they learned of the attempted sexual assault. According to the detectives, a nursing assistant found the victim in a closet with no clothes on from the waist down. The assailant was kneeling down in front of her.
The family has retained the services of a nursing home abuse attorney and plans to seek damages. They aren’t satisfied with the fact that Sarmiento was only suspended from his janitorial position, and plan to fight for a better outcome.
The nursing home has declined interviews, but the administrator stated that the alleged abuse is not being taken lightly.
Hidden Camera Catches Nursing Home Abuse in New York
February 18, 2013
A New York woman who suspected nursing home abuse against her ailing grandmother in a Bronx nursing home installed a hidden camera. The results were devastating.
According to reports, Diana Valentin’s 89-year-old grandmother is a resident of the Golden Crest Care Center in the Bronx. Valentin started noticing marks and bruises on the witness when she would go visit. As a result, Valentin decided to investigate the situation by placing a hidden camera in her grandmother’s room.
Valentin recorded over 600 hours of footage. Although she was told by caregivers that her grandmother had gotten bruises through accidents of her own, the footage showed something entirely different. In one instance, nursing aide Sandra Kerr, 55 is allegedly seen grabbing the victim, twisting her arm, slamming her onto her bed, and pulling her out of bed.
Shortly after the video footage was turned over to police, Kerr was arrested on a misdemeanor charge of endangering the welfare of a physically disabled person. The victim suffers from Alzheimer’s and dementia.
Valentin has already secured legal representation via a nursing home abuse attorney, and because of the pending criminal and civil charges, the video footage has yet to be released. However, after seeing the footage, Valentin immediately requested that her grandmother be sent to an emergency room:
“I viewed the video on a Sunday and a Monday morning I was at the nursing home, and I requested that they transfer her to the emergency room because my grandmother was not safe there,” Valentin said in a recent interview to ABC News.
The victim is now safe and doing well. She’s been transferred to a new nursing home in New Rochelle.