New York Nursing Home Sued in Nun's Wrongful Death
We discussed Summit Park nursing home in our previous blog. Sister Mary Daniel, 90, was fatally injured on August 31, 2008 at the facility after a 200 pound freestanding closet fell on her, fracturing her skull and breaking her jaw. She succumbed to her injuries on September 7, 2008.
Her family filed a wrongful death lawsuit in state Supreme Court in New City against the facility alleging "gross recklessness and gross negligence". The family is also investigating the possibility of criminal charges in her death.
Sister Mary's death was preventable. Two other incidents involving closets tipping over had occurred at the facility - one of which occurred mere weeks before Sister Mary's injury. After each of the incidents, the closets were bolted to the wall, but there was never an order that all similar closets at the facility be attached. The suit alleges that both Administrator Aldo Troiani, the Director of Nursing, and the Assistant Director of Nursing attended meetings held after each of the incidents and were aware of the danger.
The facility was not forthcoming with information concerning the accident for Sister Mary's family. After her August 31 injury, someone from the facility contacted her family and told the family that she had "fallen on some furniture in her room". The family was completely unaware that she had been taken to Good Samaritan Hospital until they received a telephone call from a physician at the hospital more than eight hours later. That physician informed the family that her injuries were so serious she was being transferred to Westchester Medical Center.
Family rushed to Westchester Medical Center and were stunned at her condition. Although Sister Mary appeared to recognize her family, physicians told her family that she would never walk or talk again or be able to eat food by mouth - if she survived.
The family continues to struggle emotionally with the knowledge that Sister Mary was alone for hours in the emergency room with no family there to comfort her.
