New York Nursing Home Operation Hit With Class Action Lawsuit

A class action <"">nursing home abuse lawsuit has been filed against Legacy Health Care on behalf of all of the residents who resided there from at least 2007 to the present. The lawsuit cites 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 these facilities.

The class action lawsuit was filed against the nursing home chain on behalf of the plaintiffs due to alleged 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 its facilities with adequate and qualified personnel to care for residents, compromising the dignity of its residents, and quality of care.

The plaintiffs’ complaint also claims breach of contract since 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 the defendants; failure to employ sufficient staff to properly care for all residents; engagement in unfair or deceptive conduct regarding the administration, management, and operation of the facilities; and failure of the defendants to support and advance environments that provide dignity and proper quality of care to residents.

Problems with nursing homes are becoming more and more prevalent and we have long followed the horrendous and harrowing issues surrounding such abuse. This is only one of many, many such cases. We recently wrote that neglect and fraud were involved in the destruction of a patient’s face following an oxygen machine explosion. Just prior, regulators in North Carolina State issued a recommendation for $20,000 in penalties against Britthaven of Chapel Hill nursing home where a former nurse is accused of patient abuse related to morphine overdoses and, most seriously, murder.

Kentuckians for Nursing Home Reform asked the governor of Kentucky to appoint a task force to review nursing home abuse and death cases and the lack of prosecution into the growing problem of nursing home abuse in that state. Just prior, we wrote that a Superior Court judge in California upheld a $29 million verdict in a nursing home abuse case. A lawsuit filed against the La Salle County Nursing Home in Illinois involved allegations about a sexually abusive male resident, and a Brooklyn nursing home was ordered to pay about $19 million in damages to a family whose loved one allegedly died following abject neglect.

Most recently, a case in New York state involving nine workers and a 175-count indictment, involved a Physician Assistant, two Certified Nursing Assistants, and six Licensed Practical Nurses who were charged with not appropriately caring for a patient deemed incapacitated and for falsifying records to make it seem as if the patient was properly treated.

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