• Leitner Varughese

Investigating New York nursing home fall incidents


Leading New York nursing home negligence, abuse and neglect law firm Leitner Varughese PLLC remains on the forefront of the battle on behalf of victims of neglect, abuse, negligence and other improper treatment in nursing homes. Leitner Varughese reports on recent news involving New York nursing home abuse, neglect and negligence:

New York State Comptroller Thomas DiNapoli recently brought to light the allegation that the New York State Department of Health has been performing insufficient inspections of nursing homes and equipment. The Comptroller's office found that the sample size taken into account in individual nursing home inspections was too small to obtain an accurate assessment of the facilities. A link to the report can be found here: https://www.osc.state.ny.us/audits/allaudits/093018/sga-2018-16s80.pdf

It has been our firm's experience that many investigations by the New York State Department of Health culminate in insufficient conclusions. Often times the state health inspector obtains the history from the nursing home's own witness statements, employee records and medical chart, which document the incident in a light favorable to the subject nursing facility.

let's take the following example. For instance, assume a resident required to be transferred via the use of a Hoyer lift with two staff members assisting at all times. The resident fell from the lift and fractured her femur and required extensive open reduction internal fixation surgery and never recovered. The victim's family calls in a complaint to the New York State Department of Health and indicates that they believe only one staff member was transferring their family member given that the facility is short of staff. The Department of Health investigator is given certain records by the nursing home which indicates that two staff members were transferring the resident at the time of incident and closes the case accordingly. However, if for instance, the Department of Health was never given the incident reports, witness statements, CNA statements, CNA accountability records, videotape, daily staffing sheets, assignment records, and various other materials which may show only one staff member was on the floor at the time of accident. If the investigator was in possession of all of these documents, instead of merely the one-sided, favorable records supplied by the nursing home, the investigator may very well reach a different conclusion.

The attorneys at Leitner Varughese, a premier New York law firm which has spearheaded an effort to hold nursing homes accountable for negligence, abuse and neglect, is currently investigating potential cases against New York nursing homes located in Nassau County, Suffolk County, Westchester County, Rockland County, Kings County, Queens County, New York County (Manhattan), Richmond County (Staten Island), and Bronx County.

Our firm has investigated hundreds of fall incidents and accidents in nursing home throughout New York State.

If you or your loved one has suffered abuse or neglect, or sustained any of the following injuries, call LEITNER VARUGHESE today at (855) LV LAW NY (212-671-1110) or visit us on the web at www.lvlawny.com: Bed Sores or Pressure Sores (also known as “decubitus ulcers” or “pressure ulcers”) Falls resulting in fractures or other serious injury Infection or Sepsis Head injuries Injuries of unknown origin Malnutrition or Dehydration

Medication Errors Choking Clogged Breathing Tubes Infected PEG tubes Physical or Sexual Assault or Abuse Physical or Chemical Restraints Burns Alzheimer's and other dementias Assaults by staff

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The information you obtain on this site is not, nor is it intended to be, legal advice.  You should consult an attorney for individual advice regarding your own situation.

*Prior results do not guarantee a similar outcome.  The Firm's attorneys acted as trial counsel, attorneys of record and/or otherwise facilitated in the recoveries of the stated verdict and settlements.  Certain verdicts and settlements achieved by trial counsel and/or outside counsel.  Attorney advertising.