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Home Health Care

Aide charged with manslaughter in care center death

Bill Fallon by Bill Fallon
October 25, 2013
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Maureen Flowers, a certified nurse aide, was arraigned this week in Westchester County Court on manslaughter and criminally negligent homicide charges for the 2012 death of an 86-year-old resident at Tarrytown Hall Care Center, where she worked.

If convicted of the top count Flowers, 54 of the Bronx, faces up to 15 years in state prison.

In addition to manslaughter in the second degree, a class C felony, and criminally negligent homicide, a class E felony, Flowers is charged in the same indictment with endangering the welfare of a vulnerable elderly person or an incompetent or physically disabled person in the first degree, a class D felony; falsifying business records in the first degree, a class E felony; and two counts of willful violation of health laws, which are misdemeanors.

“Because of this aide”™s disregard of basic safety measures and precautions meant to protect the vulnerable seniors she served, a woman died,” said Attorney General Eric Schneiderman, whose office is prosecuting the case. “The egregious lack of care afforded this frail resident warrants the serious charges against this aide. It is my office”™s duty and obligation to investigate and prosecute those that place our seniors at risk.”

On Feb. 15, 2012, according to Schneiderman”™s office, Flowers was assigned to provide care for the resident who suffered from several debilitating physical ailments. Due to her condition, the resident”™s care plan required a mechanical lift and two persons to move her from her bed to a wheelchair. Flowers, who was then responsible for the daily care of residents at the center, had been trained extensively in the use of mechanical lifts, including the necessity of two persons to perform any transfer.

Flowers allegedly used the lift by herself and ignored other safety measures when she transferred the resident. During the transfer, she dropped the resident to the floor causing her to suffer fractures to her spine and right leg as well as a broken nose and bruising on her face, Schneiderman alleges.

Schneiderman further alleges that instead of seeking immediate help for the woman, Flowers left her bleeding on the floor while she sought out another aide, Donna Pagan, and asked her to lie and say she had assisted her when she transferred the resident.

Pagan pleaded guilty March 20 in Tarrytown Justice Court to falsifying business records in the second degree, a misdemeanor. She faces a sentence of three years probation when she is sentenced.

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Bill Fallon

Bill Fallon

Bill Fallon is editor of the Fairfield County Business Journal. He has worked at Westfair Communications for more than five years, previously editing an upstate New York daily and a national motorcycle magazine in Nevada. He attended Iona Prep in New Rochelle, N.Y., and the University of Virginia.

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