Friday, October 29, 2010

Nursing Home Abuse filed Against Legacy Health Care

A New York law firm has filed a class action lawsuit against Legacy Health Care on behalf of residents who resided at Legacy facility from at least 2007 to the present, citing neglect and endangerment to the welfare of residents. Legacy Health Care operates numerous elderly care facilities including Ridge View Manor LLC, Williamsville Suburban LLC, Williamsville View Manor Nursing Home, and Sheridan Manor. Richard Zacher, owner and administrator of the named facilities, is also listed as a defendant in the case, as are John Doe 1-200, which includes agents or employees of the above-mentioned facilities.
The class action lawsuit alleges deprivation of rights and benefits to which residents were legally entitled. Among the causes of action brought in this lawsuit, the named defendants are accused of failing to ensure a dignified existence for residents, inadequate staffing, and quality of care issues.

Legacy Health Care Facilities and those named under their umbrella are also accused of fraud, breach of contract and negligence. The complaint states that defendants have violated Section 2801-d of the Public Health Law by failing to staff facilities with adequate and qualified personnel to care for residents, compromising dignity of residents and quality of care. Plaintiffs' complaint also claims breach of contract, as individual plaintiffs entered into contracts with defendants in return for health care services for related residents.

Questions raised by plaintiffs in this complaint relate to fraudulent conduct by defendants, failure to employ sufficient staff to properly care for residents, engagement in unfair or deceptive conduct in regards to administration, management and operation of facilities, and failure of defendants to support and advance environments that provide dignity and proper quality of care to residents.

all plaintiffs in this lawsuit have the right to be compensated for damages and other costs related to breach of contract, fraud, and misrepresentation of care and services provided.

Class Action Lawsuit Filed Against Legacy Health Care Facilities in NY on Behalf of 6 Families

Nursing Home Abuse Suspect Sentenced

Brianna Broitzman, who was accused of physically and sexually abusing nursing home residents in Albert Lea, was sentenced to 180 days in jail Friday afternoon.

Broitzman was given a staggered sentence. She was immediately taken to jail where she will serve 60 days. Under the agreement she'll serve another 60 days in May and another 60 in October.

However, she will be allowed the file an "option to stay" the final 120 days of her sentence. Judge Steven Schwab called it the most complicated sentence he's ever given.

Broitzman will also be required to write letters of apology to the victims and will have to meet with the victim's families. She'll also have to undergo a psychiatric evaluation.

Broitzman was among several nursing aides accused of mistreating residents at the Good Samaritan Society in 2008 by groping, poking and taunting them.

She pleaded guilty to three gross misdeamenors using the Alford Plea, which means she claimed she was innocent, but acknowledged there was enough evidence to convict her.

Her co-defendant, Ashton Larson, is scheduled for court in December.