Nursing home aide facing charges of neglect

By Rheingold Giuffra Ruffo & Plotkin LLP

On April 11, the New York State Attorney General made the announcement that a certified nurse’s aide was taken into custody and charged with neglecting and endangering a nursing home resident. The nurse’s aide allegedly caused a serious head injury to a quadriplegic patient when she tried to move the patient from a wheelchair to a bed with a mechanical lift by herself.

The incident occurred on the morning of Aug. 23, 2012. The aide transferred the patient with a mechanical lift but without the help of another staff member, a violation of the patient’s care plan. The patient fell to the floor during the transfer and suffered multiple injuries including a significant laceration to her head. The aide allegedly denied having moved the resident by herself and later wrote on the patient’s record that she had followed the care plan. According to the patient’s care plan, two staff members were required to move the patient. Further neglect occurred when the aide failed to seek help for the patient.

The aide has been charged with misdemeanor charges of endangering the welfare of an incompetent or physically disabled person and willful violation of health laws. She is also facing two first-degree felony counts of falsifying business records. If convicted, the defendant may face up to a four-year prison sentence.

Although a nurse’s aide may be directly responsible for acts of negligence or abuse towards nursing home residents, the care facility may also be held financially responsible for failing to provide proper training and supervision of the staff. An attorney with a background in nursing home abuse and neglect cases may be able to assist in seeking compensation for the mistreatment of a patient.

Source:, “Aide Charged With Endangering Suffolk County Nursing Home Resident“, April 11, 2014

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