Resident Rights

One-Third of Nursing Home Patients Harmed By Largely Preventable Events

Brian Nettles, Esq. A new report by the Office of Inspector General (OIG) of the US Department of Health and Human Services has revealed that roughly one-third of all nursing home patients are harmed by their treatment and that nearly 60% of those cases are preventable. The OIG estimates that care costs associated with such events add up to nearly $4.4 billion annually ($2.8 billion in just hospital visits). The report is the most comprehensive nursing home safety study ever done by the federal government. The Congressionally backed study analyzed hospital data from 2008-2012 of Medicare beneficiaries. They found that …


MN State Legislators Demand Health Dept to Review Mishandled Rape Case

Tad Thomas, Esq. Last month, Andrew Scott Merzwksi was sentenced to 53 months in prison for the rape of an 89-year old woman. Merzwski worked as a caregiver at Edgewood Vista Senior Home in Hermantown, MN. He admitted to giving the victim medication to impair her before committing the assault. A medical examiner stated that the vaginal lacerations from the rape were some of the largest she had seen in her career. Today, Minnesota legislators Reps. Tina Liebling of Rochester and Erik Simonson of Duluth, are concerned that the victim has suffered unnecessary trauma because of failures in care. They …


Minnesota Senior Living Home Accused of Witholding Facts About Rape Incident

In Minnesota, attorneys of an elderly rape victim contend that  the administration of a senior living home impeded rape investigation. They also accuse the administration of suggesting the rape was consensual. After the incident, attorneys believe that the administration did not notify the hospital that Andrew Scott Merzwski, age 30, had admitted to having sex with the woman.  Days after the incident, an administrator is said to have told a sexual assault nurse that the victim, age 89, flirted with the assailant and made up the story of rape. After the assault, the sheets and underwear of the woman, which …


Bronx Nursing Home Nurse Arrested for Alleged Rape of Disabled Patient

Saul Gruber, Esq. A nurse at a Bronx nursing home was arrested on Tuesday for allegedly raping a 64-year-old patient who cannot communicate. It is believe that the attack occurred overnight into Tuesday morning, but it is unclear how police learned of it. The accused is 42-year-old supervising nurse, Nanic Aidasani, of Manhattanville Health Care Center. He has made no comment and it is unclear whether he has an attorney. The victim’s guardians took her to New York Presbyterian Hospital for a rape kit examination, but were told by doctors that because the victim cannot speak, a court order is …


Sixty-one Percent of NYC Nursing Homes Fail in Staff Care

Saul Gruber, Esq. According to Medicare data, 61 percent of nursing homes in New York City fail to provide a sufficient level of staff care to be ranked as an average facility. 41 percent are far below average. Staff shortages cause a direct negative effect the quality of care that residents receive. Simply put, without staff, the elderly aren’t taken care of. Critical tasks such as feeding, bathing, and medical care are all jeopardized. Risks, such as falls and bedsores, increase dramatically. The Gotham Gazette has looked into court records, complaints, and inspection reports to investigate the city’s worst five …


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