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NY Nursing Home Facing State Sanctions Now Sued by Family

A family is suing a Rochester, N.Y. nursing home but that is nothing new for the facility which is facing fines from the state for deficiencies in its resident care.

The story is a familiar one. A family claims the staff at Blossom South Nursing & Rehabilitation Center was neglectful in the care of its 92-year-old grandmother who suffered gangrene and pressure ulcers, according to WHEC-TV, the NBC affiliate in Rochester.

Ruby Myers had her right leg amputated below the knee after gangrene set in. "The pictures are horrendous," said family attorney Van White. "There is no question that this resident was completely ignored."

Myers’s granddaughter and grandson allege neglect and medical malpractice in the lawsuit. The problems with Myers’ leg began after she broke it last September. The brace she wore allegedly caused severe pressure ulcers and open sores, said the television station.

Gloria Boyd, the granddaughter, said, "because of her age, doctors didn't want to risk surgery to repair the break, so they opted for a soft cast.” Boyd contends staff ignored Myers and let her sit for long periods in her wheelchair. Boyd also thinks the circulation in her grandmother’s leg was cut off. "Between the cast, sitting and fragile skin, her leg was just eaten up at the bottom," added Boyd, who now cares for her grandmother at home.

White, the attorney, said, "This is the kind of neglect that should result in criminal prosecution. These are the kinds of injuries that should result in this facility, not being fined, but being closed down."

For now, the New York State Department of Health will investigate before the district attorney considers criminal charges, the television station reported.

The NYSDH confirmed the nursing facility is above the state average for care deficiencies. Over the last three years, Blossom South had 70 standard health deficiencies, while the statewide average was 16, WHEC reported.


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