Two Nursing Home Residents’ Fight Results in Death Ruled as a Homicide in New York: The death of a 95-year-old woman who fell and hit her head during a clash with a fellow elderly resident in a Staten Island nursing home has been ruled a homicide.

A notice of complaint has been filed against a New York nursing home, and charges may be brought against an 84-year-old-woman, in the homicide death of a resident in her 90s as the result of a physical fight, says an article in the New York Daily News.

On April 9, Noemi Noto, 95, fell and hit her head on the floor during a scrap with an 84-year-old woman at the Carmel Richmond Nursing Home and Rehabilitation Center in Staten Island. Noto was rushed to the hospital but died eight days later. Due to the fact that she died from her injuries and that those injuries were sustained as the result of a fight, the city Medical Examiner’s office has ruled her death a homicide. An investigation into the incident by police and the Richmond County District Attorney’s office continues.

Noto’s family has secured a nursing home malpractice attorney who has filed the notice of complaint against Carmel Richmond in an attempt to hold the nursing home accountable for failing to protect Noto from the nursing home abuse that resulted in her wrongful death.

“[Noto] was the tragic victim of a homicide that was both foreseeable and preventable,” the attorney, Jesse Capell, said.

The two nursing home residents’ fight, which lead to a death ruled homicide, is less common, yet resident-on-resident abuse is an occurrence that should be held accountable to the workers. This is a form of nursing home abuse that frequently results from negligence on the part of nursing home staff to provide adequate supervision of their residents and to separate known violent residents from others. Failure to prevent resident-on-resident abuse can amount to nursing home malpractice.

When one resident causes the death of another—as has happened in the case of Noemi Noto—and the nursing home failed to take action to prevent that death, it is highly possible that nursing home wrongful death has occurred. Any suspicion of nursing home malpractice, especially any abuse or neglect that contributed to the death of a nursing home resident, should be brought to the attention of a skilled wrongful death attorney.

Protecting Your Loved One from Elder Abuse, Nursing Home Malpractice, and Wrongful Death

As a seasoned nursing home malpractice and wrongful death attorney, Brian P. Murphy has spent years fighting to hold Philadelphia/PA an NJ nursing homes accountable for any wrongful treatment of their residents. Residents of Philadelphia/PA or NJ nursing homes have rights protected under federal law and can expect those rights to be upheld at the homes where they reside. Above all, they should not fear being subjected to nursing home abuse/neglect.  With years of experience as a wrongful death attorney, Brian Murphy aggressively takes on negligent nursing homes and is committed to the successful resolution of his clients’ 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.