The children of a 72-year-old woman who was a short-term resident of a New York nursing home where she was supposed to be receiving rehabilitation services but died on October 26, 2012 from a heart attack because the nursing home staff allegedly had failed to have her on a ventilator at night, as ordered by the woman’s physician, have filed a nursing home negligence and wrongful death lawsuit against the owners and staff of the nursing home, alleging that their failures to provide timely and appropriate care led to their mother’s death.
The nursing home malpractice case was filed in June 2014 in the New York State Supreme Court in Riverhead. The nursing home defendants are the owners of the nursing home, the administrator of the nursing home, the nursing home’s director of respiratory therapy, as well as nine employees of the nursing home, seven of whom were on duty the night that the woman died.
The woman was admitted to the nursing home’s ventilator unit on September 28, 2012 for rehabilitative services after she had pneumonia. Her physician specifically ordered that the woman be on a ventilator a night, to help her breath. The woman’s son and daughter, who filed the New York nursing home negligence and wrongful death action, allege that the nursing home failed to maintain their mother on a ventilator on the night she died, and that their mother showed signs of distress, including low blood-oxygen levels and a faint pulse; they further allege that the nursing home staff ignored for almost two hours the audible warnings regarding the woman’s dire medical condition.
An investigation of the nursing home conducted by the New York Attorney General’s office resulted in numerous employees of the nursing home being indicted for patient neglect, patient abuse, and for falsifying business records; nine of the nursing home employees pleaded not guilty to criminal charges on June 5, 2014.
On July 17, 2014, a spokesperson for the nursing home reportedly stated, “As we have said all along, we believe that [our nursing home] offers excellent care to its patients.”
The nursing home was reportedly cited by the New York Department of Health in 2007 for numerous deficiencies in the care and treatment of its residents. In 2008, six of its employees were criminally charged with the neglect of residents and with falsifying business records and all six were convicted, according to the recently filed nursing home negligence lawsuit.
Not all nursing homes have ventilator units where people on ventilators can receive necessary care. But for those that do offer care for ventilator patients, they must provide timely and appropriate care for these vulnerable patients – their lives depend upon it!
If you or a loved one were injured (or worse) as a result of nursing home negligence or nursing home abuse in New York or in another U.S. state, you should promptly contact a nursing home claim attorney in New York or in your state who may investigate your nursing home claim for you and represent you in a nursing home case, if appropriate.
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