BRONX, NY — A widow has filed a wrongful death lawsuit against ArchCare at Providence Rest, alleging that negligent care during her husband's rehabilitation stay led to his death from sepsis at age 85.
Mary Ann Spadacini claims in court filings that her husband Robert entered the facility on Waterbury Avenue on November 28, 2023, following a brief hospitalization for lower extremity swelling and breathing difficulties. According to the lawsuit, Robert was readmitted to Montefiore Weiler Hospital on January 12, 2024, with pneumonia, a bacterial infection, and sepsis. He died twelve days later on January 24.
The legal complaint alleges that during his stay at the nursing home, Robert developed a stage 4 pressure ulcer severe enough to expose muscle and bone. The lawsuit names both the facility, operated by Benefice Advantage Inc., and physicians from Essen Medical Associates as defendants, claiming they demonstrated "careless, negligent, wanton and reckless" conduct and showed "reckless disregard for the safety and well-being" of the patient.
"It's two years, and it just eats at me every day," Mary Ann Spadacini told the Bronx Times.
According to Mary Ann, she visited her husband twice daily by walking across the street from their home to the facility. She stated she observed him remaining in bed without receiving the physical therapy he had been admitted to receive. When she raised concerns with staff members, she reported being told his blood pressure was too low for therapy, according to the news report.
Mary Ann described noticing a "terrible sound in his chest" by Christmas that was later identified as pneumonia, but stated he was not given antibiotics while at the nursing home, as reported by the Bronx Times.
Jon Goldberg, a spokesperson for ArchCare, stated the organization believes the lawsuit is without merit. "Delivering excellent care with grace and compassion to all who come to our doors is the very heart of our mission at ArchCare at Providence Rest," Goldberg said in a statement to the Bronx Times. "The safety and well-being of every resident for whom we are privileged to care is always our priority."
Robert Spadacini had worked as a bus driver for the Transit Authority and was the father of a daughter with severe autism. Mary Ann described him as a devoted parent who remained actively involved in his daughter's care when many fathers of that generation did not. His father had lived to age 95, and Mary Ann stated she believed her husband should have had many years remaining.
CMS Inspection History
ArchCare at Providence Rest holds a five-star overall rating from the Centers for Medicare & Medicaid Services, the highest possible score. The 200-bed facility also received five stars for both health inspections and quality measures, though it holds a three-star rating for staffing levels.
Federal inspection records show the facility has accumulated 25 deficiencies across seven inspections. The most recent CMS survey, conducted on March 7, 2025, identified five deficiency areas at the facility.
Inspectors cited the nursing home for failing to allow residents to easily view survey results and communicate with advocate agencies. The facility was also cited for inadequate reporting of suspected abuse, neglect, or theft to proper authorities.
Additional deficiencies from the March 2025 inspection included failure to create and implement care plans meeting residents' immediate needs within 48 hours of admission, and failure to develop complete care plans with measurable timetables and actions. Inspectors also found the facility did not ensure adequate supervision to prevent accidents in certain areas.
All five deficiencies identified in the March 2025 inspection were classified at severity levels D or G, indicating issues that had potential for more than minimal harm but did not cause actual harm to residents.
The facility operates as a non-profit corporation. Federal records do not indicate any formal complaints related to pressure ulcer development during the time period of Robert Spadacini's stay, though such complaints may be filed separately from routine inspections.
Stage 4 pressure ulcers represent the most severe category of bedsores under medical classification systems. Federal regulations require nursing homes to ensure residents who enter without pressure sores do not develop them, and that residents who enter with such wounds receive necessary treatment and services to promote healing and prevent infection.
Resources for Families
Families with concerns about care quality at New York nursing homes can contact the New York Long-Term Care Ombudsman at 1-855-582-6769. The ombudsman program provides free, confidential assistance to residents and families addressing care concerns.
Complaints about potential violations of federal nursing home standards can also be filed with the New York Department of Health. The National Long-Term Care Ombudsman Resource Center operates a hotline at 1-800-677-1116 and maintains resources at ltcombudsman.org.
Family members who observe potential neglect or abuse should document their concerns in writing and request written responses from facility administrators. State and federal regulations require nursing homes to investigate complaints and provide written responses within specified timeframes.
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