New York Nursing Home Cited for Negligence after Aide Empties Water Pitcher on Resident’s Head during Argument

At the time of this latest incident, the Van Duyn Center for Rehabilitation and Nursing in Syracuse was already under investigation by The New York Attorney General’s Office for 40 allegations of nursing home malpractice that caused serious harm and wrongful death to its residents.

The New York nursing home cited for not protecting a resident from abuse following an incident in which a nurse aide seized a resident’s arm and dumped a pitcher of water on her head, says an article in Following a state Health Department inspection report in January that outlined the details of the incident, the Van Duyn Center for Rehabilitation and Nursing was cited for negligence and the aide accused of the nursing home malpractice was fired.

The article describes the incident as follows: A resident requiring the constant care of two nursing staff members at all times was receiving a bed bath from two nurse aides when she demanded the return of a bed pillow that had been removed to facilitate back washing. The resident began an argument with the aide who had rolled her on her side, and when she did not receive her pillow, she grabbed an item from the windowsill with the intent of throwing it. After removing the item from the resident’s hand, the aide, reportedly with a “look of rage” on her face, poured the contents of a water pitcher over the resident’s head and then pinned the woman’s right arm to the bed with both her hands. After witnessing this event, the other aide reported the incident of nursing home malpractice to the nurse manager. The first aide claimed that the resident, who had a history of being verbally and physically abusive to staff, had punched and kicked the aides trying to bathe her.

According to the report, the aide accused of engaging in an act of nursing home malpractice was fired; the resident was uninjured following the event.

Van Duyn has a history of problems with nursing home malpractice, and is currently under investigation for 40 allegations of nursing home neglect. The home, the subject of dozens of abuse complaints, has also been watchlisted as one of the nation’s worst-performing nursing homes.

Nursing home residents are granted by both state and federal law numerous rights, including the right to be free from nursing home abuse and neglect, which includes the right not to be subject to corporal punishment or to be restrained. The victim of the aforementioned alleged incident of nursing home malpractice was both restrained and subjected to abuse.

It is important to recognize that many types of nursing home abuse can occur within nursing home facilities, including physical, psychological, sexual, and financial (theft) abuse. Those with loved ones in nursing homes should be aware of the warning signs that nursing home malpractice in the form of abuse has occurred. Examples of these signs in your loved one include the following:

  • Unexplained cuts, bruises, burns, or fractures
  • Sudden uncharacteristic behaviors
  • An increase in falls
  • Bedsores
  • Poor hygiene
  • Sudden weight loss
  • Dehydration and Malnutrition

If you’ve noted any of the above signs or otherwise suspect your loved one in a nursing home is the victim of abuse and neglect, you should immediately reach out to a nursing home malpractice and wrongful death attorney.

Fighting Elder Abuse, Nursing Home Malpractice, and Wrongful Death

Your loved one living in a Philadelphia/PA or NJ nursing home should live without the fear of being subjected to any kind of nursing home malpractice that compromises his or her health or exposes him or her to the possibility of wrongful death. As a nursing home malpractice and wrongful death attorney, Brian P. Murphy is committed to fighting for the health and safety of Philadelphia/PA and NJ nursing home residents. With extensive experience as a wrongful death attorney fighting negligent nursing homes in Pennsylvania and New Jersey, Brian Murphy is committed to successfully resolving his clients’ nursing home malpractice cases. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.