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Nursing Home Abuse
NURSING HOME ABUSE IN HUDSON FALLS, NY
Proudly serving the following areas: Glens Falls, Queensbury, Lake George, Hudson Falls, Saratoga, and surrounding areas
Making the decision to place a loved one in a nursing home
or assisted living facility is a hard one. We have to make the decision to
trust the administration to carry out doctors’ orders, provide an enriching
environment that is conducive to recovery at minimum. This takes proper
organizational procedures, a caring staff and a clean environment. If you suspect nursing home neglect or you
have experienced the wrongful death of a loved one due to any of these elements
not properly in place, call the Law Office of William Nikas
to get justice.
GATHERING EVIDENCE OF NURSING HOME ABUSE AND NEGLECT
Untrained/Negligent/Over-worked Staff
The support staff or care agency is trained to help your
loved ones with basic day to day function regardless of their motor
skills. Personal care, a healthy diet
and minimal mobility training should be a part of their daily life. The staff
is there to interact with the individuals and provide them with human contact
and companionship.
Patient Mishandling and Outright Abuse
If you notice these changes in your loved one, make an effort among your support system to visit more and be observant of the care they receive.
o They may be ignored due to being short staffed
o Their position is not being shifted
- Bedsores. Bedsores are an indication of several things:
- Poor Personal Hygiene. Urine odors, unkempt hair, or soiled underwear/adult diapers mean they are not bathing regularly or addressing incontinence in a timely manner.
- Injury from falls.
This could be an indication of an inattentive staff or incompetent staff planning. Think about how frustrating it must be to need someone to help get you to the restroom or do things you once did for yourself.
Patient mishandling and abuse may not always come in the
form of bruises. It can be emotional as well. Very often residents are afraid
to complain for fear of retaliation. But it will impact their health and
happiness if they are being abused.
- Change in
disposition.
Watch your loved one’s
relationships with staff. If you notice that your loved one is withdrawn and
depressed or even becomes uncommunicative, reassure them that there are other
options and encourage them to speak out against offenders.
- Medication
issues.
Check charts to see if
medications are dispensed at the frequency they are supposed to be. If you
notice infrequent or double dosing, make notes.
- Sudden
weight loss and obvious dehydration.
Sit in for a meal with your loved one. Their water should be easily
accessible and fresh. Even with dietary
restrictions, it should be obvious that there are no nutritional deficiencies.
- Environmental
hazards.
The environment at a
nursing or assisted living facility should be conducive to a great mood and a
healthy body. Inadequate lighting can add to depressive states. If a patient
has an issue with balance, devices that help mobility should be positioned for
easy access and with slip control mats underfoot.
- Financial
exploitation.
Check financial
records to notice any unexpected expenses billed by the facility or caregiver.
DON'T LOSE HOPE
It’s a position we may all find ourselves in. Don’t run or
make excuses when you notice the signs. One in ten elderly Americans experience
elder abuse in America. Social isolation makes it easy for caregivers to get
away with it. If you suspect elder abuse, you have an ally in the Law Office of
William Nikas. Call us immediately to help with building your case.
THE POST-STAR
LOCAL | REGION
LOCAL | REGION
National group recognizes Nikas
By DON LEHMAN | dlehman@poststar.com
The American Association for Justice, formerly known as The Association of Trial Lawyers of America, recently recognized the accomplishments of Hudson Falls trial attorney William Nikas in the specialized litigation area of nursing home negligence.
The recognition follows the success Nikas experienced in the trial of The Estate of D'Aust vs. Champlain Valley Physicians Hospital Medical Center which took place in Plattsburgh last year. The case involved a Mrs. D'Aust who was, an elderly resident of the CVPH nursing home wing when she became entrapped in her bed rail and died of strangulation and asphyxiation. After a two week trial, the case settled during jury deliberations for a confidential amount.
The case was one of only six nursing home litigation cases in the country selected by the national trial association for inclusion in its 2011 trial publication addressing the issue of be rail entrapment.
The publication is a training resource for the exclusive use of plaintiff's trial attorneys, and consists of copies of all pertinent documents prepared by Nikas for the trial, such as his opening and closing statements, trial testimony and legal briefs.
The publication is a training resource for the exclusive use of plaintiff's trial attorneys, and consists of copies of all pertinent documents prepared by Nikas for the trial, such as his opening and closing statements, trial testimony and legal briefs.
UPSTATE
CLINTON COUNTY
NURSING HOMES
Restraints - Wrongful Death - Survival Damages
Restraints - Wrongful Death - Survival Damages
Nursing facility's patient
suffocated in bed mishap
suffocated in bed mishap
| SETTLEMENT | $190,000 |
| CASE | Ralph D'Aust as Executor of the Estate of |
| Lottie M. D'Aust, Deceased v. Champlain | |
| Vally Physicians Hospital Medical Center, | |
| No. 759/05 | |
| COURT | Clinton Supreme |
| JUDGE | Kevin K. Ryan |
| DATE | 3/17/2010 |
| PLAINTIFF | |
| ATTORNEY(S) | William L. Nikas, Hudson Falls, NY |
| DEFENSE | Thomas W. Plimpton, Stafford, Piller, |
| ATTORNEY(S) | Murnane, Plimpton, Kelleher & Trombley, |
| PLLC, Plattsburgh, NY |
FACTS & ALLEGATIONS On Oct. 28, 2003, plaintiff's decedent Lottie D'Aust, an 83-year-old woman with end-stage dementia, was sleeping in a bed in a skilled nursing facility at Champlain Valley Physicians Hospital Medical Center, in Plattsburgh. During the night, she slid out of bed and got trapped between the bed and bedrail, with her face down against the mattress. She suffocated.
Ralph D' Aust, acting as the executor of the estate of Lottie D'Aust, sued the Champlain Valley Physicians Hospital Medical Center. He alleged that the hospital's nursing home was negligent in its care for the patient.
Plaintiff's counsel contended that the hospital failed to remove the bedrails from Ms. D'Aust's bed. He argued that there was no need form them to be on the decedent's bed and that they should have been removed sooner. Plaintiff's counsel also argued that the defendant failed to have monitors placed on the decedent's bed, which could have signaled an alarm as soon as D'Aust had a problem. He contended thatif the monitor had been in place, the hospital's staff could have been alerted to a problem sooner and possibly saved her life. Plaintiff's counsel argued that Ms. D'Aust's death was preventable and foreseeable, but that the defendant was negligent in its care of her.
Champlain Valley Physicians Hospital contended that it was in the process of removing bedrails from several beds there and that D'Aust's bed was scheduled to have its bedrails removed. Defense counsel called a manufacturer of the hospital bed to testify that the beds and bedrails in question were previously tested and found to be safe, pursuant to FDA guidelines.
The defendant's geriatrics expert testified that the use of monitors in a nursing home is not the standard of care because they could be more problematic than they are worth. He asserted that alarms on the monitors can go off for a variety of reasons - not just because the patient is in trouble. He opined that this could confuse the patient in a nursing facility and that the frequency of the alarms could cause them to be ignored by the nursing staff. The expert claimed that he doesn't use monitors at the facility he works at for the same reason.
INJURIES/DAMAGES
asphyxia; death
D'Aust was asphyxiated, resulting in death.Plaintiff's counsel contended that D' Aust had a few minutes of conscious pain and suffering and that it would have been a terrifying and horrific way to die. The estate sought recovery for D' Aust's conscious pain and suffering.
Defense counsel contended that D'Aust was asleep just prior to the incident and that there was no proof she was ever conscious before her death. He contended that, if she did suffer, it would have been for a very short amount of time.
RESULT After the jury's third day of deliberations, the parties negotiated a settlement. The defendant's insurer agreed to pay $190,000.
D'Aust was asphyxiated, resulting in death.Plaintiff's counsel contended that D' Aust had a few minutes of conscious pain and suffering and that it would have been a terrifying and horrific way to die. The estate sought recovery for D' Aust's conscious pain and suffering.
Defense counsel contended that D'Aust was asleep just prior to the incident and that there was no proof she was ever conscious before her death. He contended that, if she did suffer, it would have been for a very short amount of time.
RESULT After the jury's third day of deliberations, the parties negotiated a settlement. The defendant's insurer agreed to pay $190,000.
| PLAINTIFF EXPERT(S) | Jeffrey M. Levine, M.D., geriatrics, |
| New York, NY | |
| DEFENSE EXPERT(S) | Bruce Naughton, M.D., geriatrics, |
| Buffalo, NY |
EDITOR'S NOTE
This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond to the reporter's phone calls. -Tim Heinz
Verdict Resources
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Access our easy-to-useverdict and settlement database
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Access our easy-to-useverdict and settlement database
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PROFESSIONAL NEGLIGENCE
LAW REPORTER
LAW REPORTER
VOLUME 23, NUMBER 8 OCTOBER 2008
Resident falls from elevated toilet seat: Failure to provide adequate assistance: Head injury: Wrongful death: Verdict.
Colvin v. Co. of Wash., N.Y., Wash. Co. Sup., No. 6049, May 12, 2008
Nolan, a 75-year-old woman who required assistance with dressing and toileting, was admitted to a nursing home. Nine days later, she used her call button to summon assistance from a nursing home aide. When the aide came to Nolan's room, she found Nolan lying on the bathroom floor, bleeding.
Nolan was then taken to a hospital, where she was diagnosed as having a head injury. Her condition deteriorated,and Nolan died of aspiration pneumonia allegedly caused by her preexisting conditions-including pulmonary disease and heart and renal failure three weeks after she was first admitted to the home. She is survived by her two adult children and several grand children.
Nolan was then taken to a hospital, where she was diagnosed as having a head injury. Her condition deteriorated, and Nolan died of aspiration pneumonia allegedly caused by her preexisting conditions-including pulmonary disease and heart and renal failure - three weeks after she was first admitted to the home. She is survived by her two adult children and several grandchildren.
The jury awarded $300,000, including $250,000 forpain and suffering and $50,000 for wrongful death. The jury found that defendant was 75 percent liable and Nolan was 25 percent at fault. The reported basis of this finding was Nolan's failure to timely tell nursing home staff that the toilet seat did not fit properly.
Plaintiffs' expert was j effrey Levine, geriatric medicine, New York, NY Defendant's expert was Robert Irwin, pulmonology, Troy, NY
Plaintiffs' Counsel
William L. Nikas, Hudson Falls, NY
William L. Nikas, Hudson Falls, NY
