Nursing Facility Operated Unlicensed and Gave Poor Care

Poor care in nursing homes is a far too common occurrence, and at a Brooklyn nursing facility, it cost a resident their life.

Grounds for Legal Action

Legal pursuits alleged that the owner of One Prospect Park ALF, a facility that was supposed to offer care as a dementia nursing home, operated for several years without a license and without properly caring for dozens of residents. One of the victims, Mary Joan Barnett, died as a result of the nursing home abuse and negligence.

A New York Supreme Court lawsuit brought forth by Georgia Levis, the daughter of Mary Joan Barnett, found that her mother died four months after moving from a Park Slope residence to the unlicensed facility where she did not receive assistance for her growing needs as a person with dementia.

Levis, who sought $40 million from the non-accredited facility, rightfully claimed wrongful death and mistreatment as compensation, though, no amount of money could restore her life.  

The non-legitimate dementia nursing home claimed its ability to provide care, but failed to receive state accreditation after applying to the New York State Department of Health in 2009 with an incomplete application.

The state ordered that Barnett and other residents with dementia be transferred to an accredited facility, however, the move never occurred. The lack of action only added to the illegality of the situation.

A Critical Concern: Poor Care in Nursing Homes

Mary Joan Barnett was a beloved retiree from West Virginia who served for many years as a talented interior decorator and watercolor painter. Her life did not deserve to be lost, due to the inaction of a non-accredited dementia nursing home operator.

In May of 2010, Barnett experienced a fall, and a change in her medication caused a shift in her behavior which was unable to be managed by One Prospect Park ALF. It wasn’t until nine months later that Barnett was able to find a proper new home – an act Levis was forced to take on and one that was devastating.

Poor care in nursing homes is nothing new and unfortunately, Barnett was not the first victim. Three other litigants filed suit against the facility, including relatives of an esteemed New York judge.

While the reports indicated that the facility did, at some point, obtain a state license, it was unclear when that occurred It is clear that for a period of six years, they operated without the license all while providing poor care.

An attorney for the cases classified the situation as a home that “ran as a prison,” and that the facility management would be required to answer for their illegalities and poor care.

My Nursing Home Abuse Lawyers

Kelly & Grossman, LLP is your dedicated team of advocates to fight against nursing home abuse. As experienced nursing home abuse lawyers who pursue bad actors and recover compensation for our clients, we help you and your loved ones receive the closure you deserve.

Learn more about our background fighting against neglect and abuse. For representation or to simply share your story in a query of our services, contact us or call 631.314.4996 for more information.