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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.

East Neck Nursing & Rehabilitation Center received 29 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 28, 2020. The West Babylon nursing home’s citations resulted from a total of six surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not prevent residents from being administered unnecessary drugs. Section 483.25 of the Federal Code requires nursing homes to keep “each resident’s drug regimen… free from unnecessary drugs.” A May 2016 citation found that East Neck Nursing & Rehabilitation Center did not ensure such for one resident. The citation states specifically that there was an increase in the resident’s antidepressant medication without any “documented evidence as to why the medication was increased.” In an interview, the facility’s neurologist was asked where the documentation for the dosage increase was, he said that he “will write it next time.” A plan of correction undertaken by the facility included an updating of the resident’s medical record and re-education of nursing staff regarding unnecessary medications.

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Carillon Nursing and Rehabilitation Center received 21 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 28, 2020. The Huntington nursing home’s citations resulted from a total of four surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did implement adequate measures to prevent abuse. Section 483.12 of the Federal Code ensures nursing home residents “the right to be free from abuse.” An August 2019 citation found that Carillon Nursing and Rehabilitation Center did not ensure this right for one resident. The citation states specifically that a Certified Nursing Aide pushed a resident “in her bed using his hand over her head/face three times when the resident was trying to get out of bed.” The citation states that according to the patient, the CNA in question “was verbally abusive,” put his hand over her face, and pushed her head into her pillow “three times asking her to shut up.” The resident stated further that the CNA’s aggression and demeanor “shocked” her. A plan of correction undertaken by the facility included the termination of the CNA in question.

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Gurwin Jewish Nursing and Rehabilitation Center received 29 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 29, 2020. The Commack nursing home’s citations resulted from a total of seven surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not adequately prevent verbal abuse. Section 483.12 of the Federal Code requires nursing homes to ensure each resident’s “right to be free from abuse.” A July 2018 citation found that Gurwin Jewish Nursing and Rehabilitation Center did not ensure such for one resident. The citation states specifically that a Certified Nursing Assistant “told the resident that she smelled and instructed the resident to void in the brief when the resident requested toileting assistance” from the CNA, while another CNA was present. The citation states that the second CNA neglected to report the abuse to appropriate authorities. A plan of correction undertaken by the facility included the suspension of the first CNA, and noted that the second CNA “is no longer employed.”

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Berkshire Nursing & Rehabilitation Center received 26 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 27, 2020. The West Babylon nursing home’s citations resulted from a total of four surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not implement adequate measures to protect its residents from sexual abuse. Under Section 483.12 of the Federal Code, nursing homes have a right “to be free from abuse.” A September 2019 citation found that Berkshire Nursing & Rehabilitation Center did not ensure one resident was free from sexual abuse. The citation states specifically that a “cognitively intact resident… inappropriately touched” a resident with “severely impaired cognition,” and that the nursing home did not launch an investigation “until 2 days after the incident.”  A plan of correction undertaken by the facility included the suspension and re-education of the Nursing Supervisor found to be responsible “for failure to communicate.”

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Good Samaritan Nursing and Rehabilitation Care Center received 21 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 28, 2020. The Sayville nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not provide adequate pressure ulcer (bedsore) care. Section 483.25 of the Federal Code requires nursing homes to ensure that a resident with pressure ulcers receives “necessary treatment and services, consistent with professional standards of practice, to promote healing, prevent infection and prevent new ulcers from developing.” A March 2018 citation found that Good Samaritan Nursing and Rehabilitation Care Center did not ensure such for one resident. The citation states specificaly that the resident developed a deep tissue injury on their right heel while in the facility, but that “multiple observations were made of the heel not being offloaded (to prevent contact with any surface) per physician’s orders.” In an interview, the facility’s Director of Nursing Services stated that the facility should have provided the resident with “better coordinated” care and that the resident’s “care plan should have been updated” with more specific interventions.

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Brookside Multicare Nursing Center received 37 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 27, 2020. The facility has also received four fines: a 2019 fine of $10,000 in connection to findings in a 2018 inspection that it violated unspecified health code provisions; a 2016 fine of $10,000 in connection to findings in a 2014 inspection that it violated health code provisions regarding resident rights, quality of care, and administrative practices and procedures; a 2015 fine of $10,000 in connection to findings in a 2014 inspection that it violated health code provisions regarding quality of life, accidents and supervision, and administrative practices and procedures; and a 2012 fine of $4,000 in connection to findings in a 2011 inspection that it violated health code provisions regarding quality of care and administrative practices. The Smithtown nursing home’s citations resulted from a total of five surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not take adequate measures to prevent accidents. Section 483.25 of the Federal Code requires nursing home environments to remain “as free of accident hazards as is possible.” A January 2018 citation found that Brookside Multicare Nursing Center did not ensure such. The citation states specifically that a resident who “had severely impaired cognition and required assistance with bed mobility and transfers” was discovered with his bed against his room’s heating unit and his legs “resting on the heating unit,” having sustained “extensive” burns. The resident was later transferred to a hospital. In interviews, facility staff said they did not know how the resident’s legs ended up on the radiator.

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Bellhaven Center for Rehabilitation and Nursing Care received 23 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 27, 2020. The Brookhaven nursing home’s citations resulted from a total of four surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not provide adequate pressure ulcer (bedsore) care. Section 483.25 of the Federal Code requires nursing homes to ensure that residents who enter without pressure sores do not develop them “unless the individual’s clinical condition demonstrates that they were unavoidable.” A July 2016 citation found that Bellhaven Center for Rehabilitation and Nursing Care did not ensure effective care for a resident at risk of developing a pressure ulcer so as to prevent them from developing a pressure ulcer. The citation states specifically that the resident’s medical records “lacked an individualized plan of care specific to the resident,” and that the resident developed a Nosocomial Stage III pressure ulcer. According to the citation, records revealed that there was “no documented evidence that the resident was turned and position” to prevent the development of ulcers, and a facility staffer stated that “there is no documented evidence that ski n checks were completed.” The citation states that this deficiency resulted in the “potential to cause more than minimal harm.”

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The Grand Rehabilitation and Nursing at Great Neck received 45 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 20, 2020. The Great Neck nursing home’s citations resulted from a total of four surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not ensure residents were free from abuse. Section 483.12 of the Federal Code requires nursing homes to ensure residents’ right to freedom from abuse. A July 2018 citation found that The Grand Rehabilitation and Nursing at Great Neck did not ensure such for one resident. The citation states specifically that a Certified Nursing Aide “spit on a severely cognitively impaired resident… when the resident was exhibiting verbal and physically abusive behavior.” In an interview, the CNA in question said her action was a “reflex action to spit back when the resident had spit had her.” In another interview, the facility’s Director of Nursing said that “the resident’s dignity was violated and the CNA’s behavior was unacceptable.” A plan of correction undertaken by the facility included disciplinary action for several CNAs.

2. The nursing home did not provide adequate treatment and care for pressure ulcers. Section 483.25 of the Federal Code stipulates that nursing homes must ensure residents receive necessary treatment and services to promote the healing of existing pressure ulcers. A June 2018 citation found that The Grand Rehabilitation and Nursing at Great Neck did not provide such for one resident.

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Townhouse Center for Rehabilitation & Nursing received 29 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 20, 2020. The facility has also received four fines: a 2019 fine of $10,000 in connection to findings in a 2019 inspection that it violated unspecified health code provisions; a 2018 fine of $16,000 in connection to findings in a 2018 inspection that it violated unspecified health code provisions; a 2017 fine of $2,000 in connection to findings in a 2017 inspection that it violated health code provisions regarding the use of physical restraints; and a 2017 fine of $4,000 in connection to findings in a 2016 inspection that it violated health code provisions regarding quality of care and administrative practices. The Uniondale nursing home’s citations resulted from a total of ten surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not ensure residents were protected from neglect. Section 483.12 of the Federal Code guarantees nursing home residents the right to “be free from… neglect.” An August 2018 citation found that Townhouse Center for Rehabilitation & Nursing did not ensure such for one resident. The citation describes specifically an instance in which the facility’s security guard on duty “left his post unattended,” after which a resident eloped. The resident was later found a block away from the nursing home and returned to it ‘without any injury.” A plan of correction undertaken by the facility included the termination of the security guard in question.

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White Oaks Rehabilitation and Nursing Center received 22 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 21, 2020. The Woodbury nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not implement measures to adequately treat and care for residents’ bedsores / pressure ulcers. Section 483.25 of the Federal Code requires nursing homes to provide residents with necessary treatment and services to promote the healing of pressure ulcers, prevent infection of pressure ulcers, and prevent the development of new ulcers. A February 2017 citation found that White Oaks Rehabilitation and Nursing Center did not ensure such for one resident. The citation states specifically that the physician’s wound care treatment orders for a resident’s Stage IV sacral pressure ulcer “were not revised to address the depth of the wound.” In an interview, the wound care physician stated that the wound’s measurements change with the position of the resident, that the wound was stable, and that he did not expect it to close, so the goal of its treatment was to prevent infection. A plan of correction undertaken by the facility included the evaluation of the resident and clarification of the treatment.

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