Midway Nursing Home in Maspeth is under investigation by the State Department of Health (SDOH), seventeen months after the death of 65-year-old resident Adriana Neagoe.

NBCNewYork.com reported last Thursday that Neagoe’s nephew, Cristin Buiciuc, is suing Midway after Neagoe’s fall from a bed surrounded by guard rails which resulted in her death six days later.

Biuciuc told reporters his aunt said before her death that she was dropped on her head. Furthermore, Neagoe was paralyzed with the exception of one arm, so Buiciuc maintains she could not have fallen on her own.

The State Health Department’s records indicate that Midway received an average of 43.5 complaints and incidents per 100 occupied beds. The statewide average is 24.4.

“The resident’s fall was not reported to us and it should have been. State regulations require that nursing homes report injuries to the State Department of Health,” said Claire Pospisil, a spokeswoman for SDOH.

Pospisil said the State Health Department can levy fines up to $2,000 per incident. Buiciuc is reportedly seeking punitive damages and reversal of the final $51,749 bill the family received from the nursing home.

Midway Nursing Home’s administrator could not be reached for comment.