Arbitrator awards $1.4M to nursing home patient for negligent care

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An arbitrator has awarded damages of $1.4 million to an Oswego County nursing home patient for negligent care.

The patient, a 64-year-old man, was admitted for short-term rehabilitation to St. Luke Health Services, a nursing home located at 299 East River Road in Oswego. St. Luke Residential Health Care Facility Inc. owns and operates this nursing home.

One week after his admission on Nov. 1, 2019, St. Luke documented that the patient developed a pressure sore on his left heel. The pressure sore became infected, resulting in a below-the-knee amputation of the patient’s left leg.

Attorney John M. Wells, a partner at Lacy Katzen LLP, filed a lawsuit on behalf of the patient in August 2020. After over 2 ½ years of litigation the parties agreed to binding arbitration.

At the arbitration, Wells submitted evidence, including St. Luke’s medical record, that St. Luke failed to take basic measures to prevent the pressure sore from developing.

Wells offered additional evidence that, after the sore developed, St. Luke failed to provide basic treatments, failed to schedule a consultation with a vascular specialist, and failed to notify the attending physician that the patient had a pressure sore on his left heel.

Despite no improvement to the wound after approximately five weeks at St. Luke, The patient was discharged home without a vascular consult, without the attending physician being informed of the pressure sore, and without being told that he was at risk for infection and amputation of the limb.

The arbitrator found that St. Luke violated regulations establishing minimum standards for nursing home care pursuant to New York’s Public Health Law. The arbitrator further found that the nursing home was negligent in its care and treatment of the patient.

After hearing testimony from the patient and receiving expert witness evidence establishing St. Luke violated nursing home care standards and linking the infection and amputation to St. Luke’s violations, the arbitrator determined the patient sustained damages, including pain, suffering, losses of enjoyment of life’s pleasures, and past and future medical expenses totaling more than $1.9 million.

The arbitrator determined that St. Luke was 75% at fault for the patient’s damages, amounting to more than $1.4 million.

“Those inside New York’s nursing homes are some of the most vulnerable people in our communities. Many suffer from cognitive impairments or are otherwise unable to recognize when they are the victim of poor care. Others are not capable of complaining about substandard care or advocating for themselves,” Wells said.

“Many lack family and friends who live close enough to visit regularly. I am proud to be an advocate for this vulnerable population. The nursing home industry must learn that neglect, abuse, negligence, and violations of care standards will not be tolerated,” he said.

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