Certified Nurse Assistant Sentenced To Jail For Endangering Patient

Attorney General Spitzer today announced that a Certified Nurse Assistant who recklessly broke the arm of a 92-year-old woman at the Elant at Newburgh Residential Health Care Facility was sentenced to 40 days in county jail, and barred from working in a health care facility for three years.

Quiana Mays, 23, of 167 North Miller Street in Newburgh appeared before Newburgh Town Justice Jude T. Martini on June 13, 2005, and pleaded guilty to Endangering the Welfare of an Incompetent or Physically Disabled Person. On August 15, 2005, Justice Martini sentenced her to 40 days of weekends in jail and three years’ probation, a condition of which is that she may not work as a Certified Nurse Assistant in any health care facility.

According to the Information filed at the time of defendant’s arrest in May 2005, the defendant violated a patient’s health care plan by moving her from a wheelchair to her bed, without assistance from another staff member. During that transfer, defendant dropped the resident, causing her to suffer a broken arm. The defendant did not seek help for the resident, and initially claimed that she had followed proper procedures before admitting that she had transferred the resident alone.

Mays was employed at Elant at Newburgh located at 172 Meadow Hill Road in Newburgh from April 2001until February 6, 2005, when she was terminated as a result of this incident.

Attorney General Spitzer thanked the state Department of Health for referring the matter to his office. He also thanked the administration and staff at Elant at Newburgh for its assistance and cooperation during the investigation.

Special Assistant Attorney General Dana A. Roth prosecuted the case. Special Investigator Timothy G. Connolly assisted in the investigation.

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