nursing home fight injury

Nursing home aide punches elderly dementia patient, leading to his death

Frank Mercado, 77, was suffering from dementia and limited vision. He was a patient of the University Nursing Home in New York until his death in December 2014.


CBS News: Bronx Nursing Home Aide Charged In Death Of 77-Year-Old Patient

A nursing home aide is facing criminal charges for Mercado’s death.

Reportedly, a fight had broken out between the nursing home aide and the elderly patient.

According to the prosecuting attorney, the aide punched the elderly man. After being assaulted, Mr. Mercado fell and was impaled on a piece of metal sticking out from a broken table.

He died from the injury.

The aide, a 41-year-old woman, had worked for University Nursing Home for 14 years. Yet, she apparently never learned to control an elderly dementia patient without the use of physical violence.

University Nursing Home is a small facility, but part of a large consortium of rehabilitation and home health companies called Centers Health Care. In the last four years, the state has found 19 life safety code deficiencies at the care facility. The statewide average was 11 safety code violations.

In one case, an 86-year-old woman’s hand was lacerated on nails sticking out from a wardrobe; in another, an 81-year-old man with dementia complained of shoulder pain and then developed large bruises on his arm that went uninvestigated. –

The nursing home employee has pleaded not guilty to criminal negligent homicide, assault and endangerment charges. No trial date has been set.

About Kevin

Kevin Coluccio was recently named one of the Top 10 Super Lawyers in Washington State. He has long history of successful elder abuse/neglect cases and has a stellar reputation for getting results for his injury clients in serious car crashes, pedestrian accidents, trucking accidents, maritime claims, and asbestos injury cases.