N.Y. Nursing Home Sued After Patient’s Death

On Friday a case was filed in the New York Supreme Court for Richmond County. The case was filed by a deceased person’s estate against Eger Lutheran Homes and Services, Inc. and their subsidiaries. The case is regarding the treatment and care as well as lack thereof provided to a patient leading to his illness and death.

The plaintiff was an 89 year old resident of the Eger Lutheran Health Care and Rehabilitation Center, the complaint explained. The facility is licensed by the State of New York to provide rehabilitation center and residential living facility to the sick, invalid, infirm, disabled, or convalescent persons,in addition to lodging and board or health related services pursuant to New York Public Health Law §2801(2), court documents state.

As a result of the plaintiff’s age and medical conditions, he was subject to bowel issues, the complaint explained; the defendants allegedly performed treatment of these issues poorly, resulting in internal bleeding, hospitalization, and blood transduction. According to the plaintiff estate, these treatments exacerbated his pre-existing congestive heart failure and COPD, and the plaintiff died as a result of respiratory failure from these events.

The estate alleges negligence on the part of the staff and facility for the poorly performed procedure, for failure to take appropriate precautions to ensure the patient did not end up with the original condition, for failure to take into account the patients frailty in performing the procedure, as well as other negligent acts.

The estate is suing for negligence, gross negligence, wrongful death, and violations of New York statutory law regarding nursing home services. The estate is represented by the firm of Finkelstein & Partners.