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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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Foltsbrook Center for Nursing and Rehabilitation has been in violation of health codes and has received 77 citations over the last four years for failing to protect residents from accidents leading to injuries, failing to prevent infections, and for not protecting residents from being abused by other residents.

Foltsbrook Center for Nursing and Rehabilitation received 77 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on September 17, 2021. It has also received two fines totaling $12,000 since 2018. The Herkimer nursing home’s citations resulted from a total of six surveys by state inspectors. The violations they describe include the following:

1. The nursing home did not adequately protect residents from accidents. Under Section 483.25 of the Federal Code, nursing home residents have the right to an environment “as free of accident hazards as is possible” and with adequate supervision to prevent accidents. A June 2021 citation found that Foltsbrook Center for Nursing and Rehabilitation failed to ensure such. The citation specifically describes a a resident who microwaved soup and then spilled it on her legs, resulting in a second-degree burn described in the citation as a “non-healing wound.” In a later incident, the resident received reheated soup which spilled on her abdomen, resulting in blisters. According to the citation, the facility did not have any policy to ensure the safe reheating of foods, and there were no thermometers available in the unit for staff members to check the temperature of reheated foods. A plan of correction undertaken by the facility included the removal of microwaves from common areas.

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New York nursing home, The Grand Rehabilitation and Nursing at Barnwell, has been in violation of public health codes 66 times in the last four years and has been cited for medication failures, failure to prevent accidents and falls, and for neglect which has lead to incontinence and pressure ulcers.

The Grand Rehabilitation and Nursing at Barnwell received 66 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on September 17, 2021. It has also received eight fines totaling $78,000 since 2012. The Valatie nursing home’s citations resulted from a total of 17 surveys by state inspectors. The violations they describe include the following:

1. The nursing home did not adequately protect residents from neglect. Section 483.12 of the Federal Code ensures nursing home residents the right to be free from neglect. A December 2018 citation found that The Grand Rehabilitation and Nursing at Barnwell failed to ensure such. The citation specifically describes the nursing home’s failure to timely provide one resident with interventions for skin, incontinence, and pressure ulcer care; to timely provide another resident with planned interventions with skin and bladder incontinence care; and to timely provide a third resident with planned interventions for pressure ulcer development and incontinence. According to the citation, the facility left the first resident uncared for for a period of 6 hours and 10 minutes, the second resident uncared for for a period of 11 hours and 37 minutes, and the third resident uncared for for a period of 11 hours and 51 minutes. A plan of correction undertaken by the facility included the educational counseling of nurses and nursing aides.

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Recent reports show that nursing homes are prescribing antipsychotic drugs at an alarmingly high rate to patients that do not even require these medications.

Nursing homes are over-diagnosing patients with schizophrenia in order to conceal the high rates at which they’re prescribing antipsychotic medications, according to a recent report by the New York Times. Schizophrenia diagnoses among nursing home residents have “soared” as much as 70% since the federal government started making public disclosures of antipsychotic drug prescriptions in 2012. These prescriptions factor into nursing homes’ funding and ratings: nursing homes that prescribe them at high rates can receive lower ratings from the government, which in turn can affect their funding.

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Linden Center For Nursing and Rehabilitation located in Brooklyn, NY has received multiple citations for being in violation of public health code and failing to protect their residents from infection and unnecessary medication.

Linden Center for Nursing and Rehabilitation received 16 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on September 3, 2021. The Brooklyn nursing home’s citations resulted from a total of two surveys by state inspectors. The violations they describe include the following:

1. The nursing home failed to adequately protect residents from infection. Under Section 483.80 of the Federal Code, nursing homes are required to create and maintain a program to prevent and control the development and transmission of disease. A January 2019 citation found that Linden Center for Nursing and Rehabilitation failed to ensure such. The citation states specifically that the facility did not clean or adequately maintain certain areas in its laundry room. State inspectors observed “laundry bins in disrepair,” walls that were “chipped, dirty, in need of painting,” a dirty and clogged water drain, a floor in need of cleaning and sweeping, milk crates filled with dirty used mops, used employee coats and hats in the clean linen area, and overflowing garbage bins. In an interview, the facility’s Director of Housekeeping said that the facility had one housekeeper assigned to the area. A plan of correction undertaken by the facility included the education of laundry and housekeeping staffers.

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Rebekah Rehab and Extended Care Center has failed to protect residents from being given unnecessary psychotropic drugs.

Rebekah Rehab and Extended Care Center received 10 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on September 3, 2021. The Bronx nursing home’s citations resulted from a total of three surveys by state inspectors. The violations they describe include the following:

1. The nursing home did not implement adequate measures to control infection. Section 483.30 of the Federal Code stipulates that nursing homes must create and maintain an infection prevention and control program to prevent the development and spread of viruses and disease. An August 2017 citation found that Rebekah Rehab and Extended Care Center failed to ensure such. The citation specifically describes a Licensed Practical Nurse who “did not remove gloves, perform hand hygiene and don’t clean gloves” after cleansing a resident’s pressure ulcer. In an interview after the procedure, the nurse stated, “I thought I was washing my hands as needed in regard to washing my hands and changing my gloves.” A plan of correction undertaken by the facility included the re-education of the staffer and the observation of other nursing staffers “to ensure that they were following appropriate wound care techniques.”

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A Brooklyn nursing home has received a total of 19 citations from state inspectors between 2017 and 2021.

NY Congregational Nursing Center received 19 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on August 27, 2021. The Brooklyn nursing home’s citations resulted from a total of five surveys by state inspectors. The violations they describe include the following:

1. The nursing home failed to protect its residents from abuse. Under Section 483.12 of the Federal Code, nursing home residents have “the right to be free from abuse.” A March 2021 citation found that NY Congregational Nursing Center failed to ensure such. The citation states specifically that the failed to protect a resident from abuse by another resident with a history of aggression. After the incident in question, the victim was observed “lying in bed with blood all over their face, blood at the back of the head; with swollen eyes and swollen and bleeding lips.” The citation goes on to state that “a lot of blood was on the floor next to the nightstand.” An investigation found that staff did not foresee the incident and had not implemented interventions to prevent the aggressor from entering other residents’ rooms, even though the resident was known to do so. A plan of correction undertaken by the facility included the education of facility staff.

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Thousands of Covid-19 nursing home deaths are being examined in order to address underlying issues.

A report released last year by New York Assemblyman Ron Kim examined the thousands of deaths from Covid-19 in the state’s nursing homes in an attempt to identify underlying problems that caused the raft of fatalities and what can be done to address those problems. The report, published by Kim’s office in July 2020, is available here.

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A nursing home in Glen Cove, New York has received more than a dozen health and safety code citations in the last four years.

Emerge Nursing and Rehabilitation at Glen Cove received 14 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on August 14, 2021. The Glen Cove nursing home’s citations resulted from a total of five surveys by state inspectors. The violations they describe include the following:

1. The nursing home did not adequately prevent accidents. Section 483.25 of the Federal Code stipulates that nursing homes must ensure residents an environment as free as possible of accident hazards and with adequate supervision to prevent accidents. A February 2021 citation found that Emerge Nursing and Rehabilitation at Glen Cove failed to ensure such. The citation states specifically that the nursing home left “numerous chemical agents… unattended or unsecured” in two resident units. The cleaning chemicals in question included Fresh Scent Deodorizer Concentrate, Non-Acid Disinfectant Bathroom Cleaner, Glass Cleaner and Protector Concentrate, HB Quad Disinfectant Cleaner Concentrate, Peroxide Cleaner Concentrate, Lysol Foaming, and Lemon Polish. In an interview, the facility’s Director of Housekeeping said the items “should not have been left unsecured” and “were potentially hazardous to residents if ingested.” A plan of correction undertaken by the facility included the in-servicing of a housekeeper.

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A nursing home in Gowanda, New York has received citations for violations of health and safety code.

Gowanda Rehabilitation & Nursing Center received 28 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on August 14, 2021. The Long Beach nursing home’s citations resulted from a total of six surveys by state inspectors. The violations they describe include the following:

1. The nursing home did not provide adequate pressure ulcer care. Under Section 483.25 of the Federal Code, nursing homes are required to provide residents with professional levels of care to promote the healing and prevent the infection of pressure ulcers. A May 2019 citation found that Gowanda Rehabilitation & Nursing Center failed to ensure such for two residents. The citation states specifically that there was no “weekly assessment by a qualified person after a pressure area was identified” for one resident, and that for the other there was “a five-day delay in assessment  by a qualified person” following the identification of a pressure area. A plan of correction undertaken by the facility included a full-house audit, the revision of the facility’s skin care protocol, and the educational counseling of nursing staff who did not properly document a resident’s pressure area.

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A nursing home in Long Beach, New York has received numerous citations in the last four years.

Park Avenue Extended Care Facility received 14 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on August 14, 2021. The Long Beach nursing home’s citations resulted from a total of four surveys by state inspectors. The violations they describe include the following:

1. The nursing home did not properly prevent medication errors. Under Section 483.45 of the Federal Code, nursing home residents have the right to be “free of any significant medication errors.” A February 2020 citation found that Park Avenue Extended Care Facility failed to ensure such. The citation states specifically that the nursing home did not ensure one resident’s medication was administered in the parameters ordered by the physician. In an interview, a Licensed Practical Nurse said she had followed the instructions on the medication’s blister pack, and was not aware they reflected old physician’s orders that did not reflect current orders. In an interview, the facility’s Director of Nursing Services said that “the old blister pack should have been returned to the pharmacy by any one of the nurses on duty and replaced with the newly ordered medication blister pack.” A plan of correction undertaken by the facility included the educational counseling of the nurse in question.

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