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Turner v. N. Manhattan Nursing Home, Inc., 2018 N.Y. Slip Op. 30406 (N.Y. Sup. Ct. 2018) involves the unfortunate circumstances surrounding the injury and subsequent death of Sarah Louise Drayton, a long-term resident of a New York nursing home. The legal action arose from alleged negligence by the nursing home staff during a routine transfer using a Hoyer lift.
A Hoyer lift transfer is a procedure used to safely move individuals with limited mobility, such as those in nursing homes or hospitals, from one position to another, typically from a bed to a wheelchair or vice versa. The Hoyer lift is a mechanical device that consists of a hydraulic or electric-powered lift and a sling, which is placed under the patient. The sling is then attached to the lift, and the patient is carefully lifted and transferred to the desired location. This process requires trained caregivers to ensure that the sling is properly positioned and secured, minimizing the risk of injury to both the patient and the caregivers. Hoyer lifts are commonly used to assist patients who cannot move on their own due to conditions such as paralysis, severe injury, or chronic illness.
Background Facts
Sarah Louise Drayton had been a resident at a nursing home located on East 125th Street in New York for approximately ten years. On February 18, 2015, she was being transferred from her bed to a wheelchair by two certified nursing attendants (CNAs) using a Hoyer lift. The lift was equipped with a pad or sling, which was secured to the lift by straps. During the transfer, Drayton fell when the strap on the pad broke, causing her to fall to the ground. As a result of the fall, Drayton sustained multiple serious injuries, including a subdural hematoma, bilateral nasal fractures, a vertebral fracture, and severe facial bruising. She was immediately taken to Mount Sinai St. Luke’s Hospital, where she remained until her death on March 7, 2015. The death certificate listed hypertensive and atherosclerotic cardiovascular disease as the immediate cause of death, with blunt head trauma, diabetes mellitus, and end-stage dementia as contributing factors.
The nursing home staff involved in the incident testified that they had used the same pad in previous transfers but did not know how many times or for how long. One of the CNAs, Marie Paula Fluerant, claimed that she had inspected the pad before use but admitted that she did not notice any defects. The other CNA, Ivonne Parker, did not inspect the pad before the transfer. A subsequent report from the nursing home’s director of nursing indicated that the pad had loose threads where the strap was connected, suggesting wear and tear. Despite this, the pad was discarded after the incident, preventing any further inspection.
The defendant nursing home moved for summary judgement dismissal of the lawsuit.
Issue
Whether the nursing home was negligent in its care and treatment of Drayton, particularly in the use and maintenance of the Hoyer lift and the associated pad. The case also raised questions about whether the nursing home violated Drayton’s rights under New York’s Public Health Law, specifically regarding the adequacy of the care she received and the facility’s responsibility to prevent harm.
Holding
The court denied the defendants’ motion for summary judgment, finding that there were genuine issues of material fact regarding the nursing home’s negligence and potential violations of Public Health Law. The court found that the nursing home staff failed to properly inspect the pad used during the transfer, which may have contributed to Drayton’s fall and subsequent injuries. Additionally, the court held that the nursing home’s decision to discard the pad after the incident could be seen as spoliation of evidence, further complicating the case against the defendants.
Rationale
The court’s decision was based on several key factors. First, the court found that the nursing home staff did not follow their own policies and procedures, which required a thorough inspection of the pad before each use. The staff’s failure to detect the pad’s wear and tear, which ultimately led to the strap breaking, was a significant factor in the court’s decision to deny summary judgment.
Second, the court noted that the nursing home’s actions after the incident, particularly the decision to discard the pad, could be interpreted as an attempt to prevent further investigation into the cause of the accident. This raised questions about the nursing home’s compliance with legal requirements and the potential for spoliation of evidence.
Third, the court considered the expert testimony provided by both parties. The plaintiff’s expert argued that the nursing home violated applicable standards of care by using a defective pad, while the defendants’ expert contended that the incident was unforeseeable and that the staff had acted appropriately. However, the court found that the plaintiff’s expert testimony raised enough doubt about the nursing home’s compliance with the standard of care to warrant further examination by a jury.
Finally, the court addressed the issue of punitive damages. While the defendants argued that punitive damages were not warranted, the court found that the nursing home’s conduct, particularly in discarding the pad, could be considered grossly negligent or reckless, justifying a potential award of punitive damages.
Conclusion
This case underscores the critical responsibility of nursing homes to maintain and regularly inspect patient equipment, such as Hoyer lifts, to ensure safety and prevent accidents. Proper upkeep of such devices is essential to avoid failures that could lead to severe injuries. Additionally, the defendant’s actions after an accident can significantly impact liability. Attempts to cover up or minimize the incident may suggest negligence or a lack of accountability, potentially increasing their liability. Conversely, prompt, honest reporting and corrective measures can demonstrate responsibility, possibly mitigating some legal consequences.
If you or a loved one has suffered severe injuries in a New York nursing home, it’s essential to seek legal assistance. Reach out to an experienced New York nursing home abuse lawyer at Stephen Bilkis & Associates to discuss your rights and potential claims, to help ensure that you receive the justice and compensation you deserve.