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The attorneys at the Law Offices of Thomas L. Gallivan, PLLC provide effective, aggressive representation to individuals injured in the New York area. Our priority is to maximize the recovery of our clients injured due to the neglect of others.

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A nursing home in Rochester, New York has received citations for accident hazards and medication errors.

Kirkhaven has received 25 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on May 7, 2021. The Rochester nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following: Continue reading

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A nursing home in Delmar, New York has been cited for infection control failures.

Delmar Center for Rehabilitation and Nursing has received 81 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on May 7, 2021. The facility has additionally received two fines totaling $20,000 since 2013. The Delmar nursing home’s citations resulted from a total of six surveys by state inspectors. The deficiencies they describe include the following: Continue reading

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The nursing home in Buffalo, New York has received $30,000 in fines.

Buffalo Center for Rehabilitation and Nursing has received 126 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on April 30, 2021. The facility has additionally received three fines totaling $30,000 since 2008. The Buffalo nursing home’s citations resulted from a total of 15 surveys by state inspectors. The deficiencies they describe include the following: Continue reading

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A nursing home in Oswego, New York has received $46,000 in fines since 2013.

Pontiac Nursing Home has received 37 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on April 30, 2021. The facility has additionally received three fines totaling $46,000 since 2013. The Oswego nursing home’s citations resulted from a total of six surveys by state inspectors. The deficiencies they describe include the following: Continue reading

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New data reveals that US nursing homes were understaffed during the height of the pandemic this past winter.

Last week the Long Term Community Care Coalition published fourth-quarter 2020 staffing data for every nursing home in the United States. Noting that staffing levels in nursing homes “have played a critical role in determining the health outcomes of nursing home residents during the COVID-19 pandemic,” the LTCCC argues that nursing homes with adequate staffing levels are better positioned to mitigate transmission of Covid-19, treat residents with the disease, and prevent the pandemic’s psychological side effects with a level of resident care that helps stave off isolation. Continue reading

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Lawmakers in the House and Senate are examining whether nursing homes are spending enough money on resident care.

A recent column in the Washington Post argued that the Covid-19 pandemic revealed dire problems in nursing home facilities across the country. The column’s author, Syracuse University law professor Nina Kohn, wrote that these systemic problems, which include understaffing and poor quality of care for nursing home residents, stem in part from “owners who place profit-seeking above their residents’ welfare.” While policymakers have turned their eye towards solutions to the structural flaws in nursing homes, Kohn states that a more concerted effort is necessary to create safer, fairer elder care in the United States. Continue reading

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The nursing home in Williamsville, New York has received 115 citations since 2017.

Comprehensive Rehab and Nursing Center at Williamsville has received 115 citations for violations of public health code between 2017 and 2021, according to health records accessed on April 21, 2021. It has also received seven fines totaling $79,000 since 2011. The Williamsville nursing home’s citations resulted from a total of 11 inspections by state surveyors. The violations they describe include the following:

1. The nursing home did not adequately prevent infection. Section 483.80 of the Federal Code requires nursing homes to establish and maintain an infection prevention and control program. A May 2020 citation found that Comprehensive Rehab and Nursing Center at Williamsville failed to ensure such. The citation states specifically that the facility “did not establish and maintain an Infection Control Program to ensure the health and safety of residents to help prevent the transmission of COVID-19.” It goes on to describe the nursing home’s failure to practice social distancing in two units, its failure to assess residents for “signs and symptoms of COVID-19,” and a “lack of proper hand hygiene” in connection to three residents. The citation states that these deficiencies had the “potential to cause more than minimal harm.” Continue reading

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A nursing home in the Bronx, New York was cited for infection control and other failures.

New Riverdale Rehab and Nursing has received 12 citations for violations of public health code between 2017 and 2021, according to health records accessed on April 21, 2021. The Bronx nursing home’s citations resulted from a total of four inspections by state surveyors. The violations they describe include the following:

1. The nursing home did not take adequate steps to prevent infection. Section 483.80 of the Federal Code requires nursing homes to provide residents with a safe, sanitary environment through the creation and maintenance of an infection prevention and control program. An October 2019 citation found that New Riverdale Rehab and Nursing failed to ensure such. The citation states specifically that a nursing home who received oxygen through a nasal cannula was observed with their oxygen tubing resting on the floor of their room, in contravention of facility policy. In an interview, a Registered Nurse Supervisor said in part, “The tubing is not supposed to be on the floor. The oxygen tubing should not touch the floor in any way. It should be hanging on the mattress next to the residents head. This is an infection control issue. You can transmit an infection to the resident from the floor.” A plan of correction undertaken by the facility included the replacement of the tubing and the observation of the resident for signs of infection. Continue reading

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The nursing home in Syracuse, New York was cited for findings of improper PPE use during the Covid-19 pandemic.

Bishop Rehabilitation and Nursing Center has received 75 citations for violations of public health code between 2017 and 2021, according to health records accessed on April 16, 2021. The Syracuse nursing home’s citations resulted from a total of 15 inspections by state surveyors. The violations they describe include the following:

1. The nursing home did not take adequate steps to prevent infection. Section 483.80 of the Federal Code requires nursing homes to create and maintain an infection control program designed to prevent infection. A September 2020 citation found that Bishop Rehabilitation and Nursing Center failed to ensure such. The citation states specifically that the nursing home two registered nurses and a licensed practical nurse “were observed wearing face masks below their noses” while treating a resident, and that a unit aide was observed “wearing a face mask below her nose and mouth while sitting with 2 residents and speaking with another staff member,” in contravention of the facility’s guidelines concerning the use of personal protective equipment. A plan of correction undertaken by the facility included the re-education of relevant staff.

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The nursing home in Valley Cottage, New York has received 49 citations since 2017.

Tolstoy Foundation Rehabilitation and Nursing Center has received 49 citations for violations of public health code between 2017 and 2021, according to health records accessed on April 16, 2021. The Valley Cottage nursing home’s citations resulted from a total of two inspections by state surveyors. The violations they describe include the following:

1. The nursing home did not adequately protect residents from accident hazards. Section 483.25 of the Federal Code stipulates that nursing homes must provide residents with an environment as free as possible of accident hazards and with adequate supervision to prevent accidents. A December 2019 citation found that Tolstoy Foundation Rehabilitation and Nursing Center failed to ensure such. The citation states specifically that one resident who was observed smoking cigarettes outside the building’s rear entrance “did not have a safe smoking evaluation completed since admission” and that his “comprehensive care plan did not include safety measures for smoking including the use of cigarettes and lighters.” In an interview, the resident stated he had never been spoken to regarding the nursing home’s smoking policies. A Certified Nursing Assistant said in an interview that he was not aware where the resident kept his smoking materials, had never asked if the resident was allowed to smoke, and had never been directed regarding the resident’s smoking status. A Registered Nurse manager stated in a separate interview that she was not aware whether a smoking assessment had been or should be performed for the resident, nor “who was responsible for completing the smoking care plans.” A plan of correction undertaken by the facility included a safe smoking evaluation of all smoking residents.

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