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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.

Harlem Center for Nursing and Rehabilitation received 32 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on January 31, 2020. The Manhattan 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 provide residents with an environment free of accident hazards. Section 483.25 of the Federal Code requires that resident environments remain “as free from accident hazards as is possible.” An August 2017 citation found that  Harlem Center for Nursing and Rehabilitation did not comply with this section. An inspector specifically observed “multiple resident rooms” that contain counters and/or wall surfaces with “sharp, jagged edges.” The citation states that an inspector also observed a television cord that was “plugged into an extension cord and taped to the wall,.” The citation states further that there was no documentation of any requests for repairs to the concerns described by the inspector, and that in an interview, a Licensed Practical Nurse said: “I hadn’t noticed the broken pieces of the sink or other resident rooms or equipment in need of repair. I will put a request for repairs in the maintenance book.” The citation describes these deficiencies as having the “potential to cause more than minimal harm.”

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Terence Cardinal Cooke Health Care Center received 34 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on February 13, 2020. The facility has also been the subject of a 2011 fine of $2,000 in connection to findings during a 2010 inspection that it violated health code provisions regarding quality of care. The Manhattan 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 ensure residents an environment free of accident hazards. Under Section 483.25 of the Federal Code, nursing homes must provide residents an environment as free as possible from accident hazards, and which also has adequate staff supervision to prevent accidents. A February 2018 citation found that Terence Cardinal Cooke Health Care Center did not provide one resident with necessary supervision to prevent an accident. The citation notes that the resident had been identified as at high risk for fall and injury, and that her comprehensive care plan documented that staff would monitor the resident directly when the resident was at the nursing station. In spite of this, according to the citation, the resident sustained a fall and injury at the nursing station. A Licensed Practical Nurse stated in an interview that she had not assigned anyone to monitor the resident, and that none of the six Certified Nursing Assistants on the unit witnessed the fall. In an interview, the facility’s Director of Nursing stated of the resident’s care plan documentation for monitoring while at the  nursing statement, “it has a greater chance that staff will see the resident more often, and does not mean that the resident must be on Line of Sight.”

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Northern Manor Geriatric Center received 34 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on February 13, 2020. The facility has also been the subject of a 2016 fine of $10,000 in connection to findings during a 2014 inspection that it violated health code provisions regarding pressure sores; and another 2016 fine of $10,000 in connection to findings during a 2015 inspection that it violated health code provisions regarding pressure sores. The Nanuet 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 take adequate steps to prevent residents from sustaining falls. Section 483.25 of the Federal Code stipulates that nursing homes must provide residents an environment “as free of accident hazards as is possible” and with “adequate supervision and assistance devices to prevent accidents.” A January 2019 citation found that Northern Manor Geriatric Center did not ensure effective assistance devices were provided to residents who required them. The citation states specifically that in connection to a resident’s fall while being transferred from their bed to their wheelchair via a mechanical lift using a sling, the nursing home did not ensure “the sling was laundered according to the manufacture’s [sic] instructions,” that the facility’s staff had been trained to assess the sling’s functionality before using it, and that the nursing home had a system to inspect such slings. The citation notes that the residents sustained a redacted injury from the fall, and was sent to the hospital.

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Northern Metropolitan Residential Health Care Facility received 17 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on February 13, 2020. The Monsey nursing home’s citations resulted from a total of two surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not implement proper steps to care for pressure ulcers and bedsores. Section 483.25 of the Federal Code stipulates, among other things, that nursing home facilities must provide residents with the necessary treatment and care to promote the healing of pressure sores. A March 2017 citation found that Northern Metropolitan Residential Health Care Facility did not ensure the provision of necessary care and treatment to a resident with a sacral pressure ulcer. The citation states specifically that the nursing home “did not ensure that a protein supplement was administered to the resident as ordered by a Nurse Practitioner to promote wound healing.” In an interview, one of the facility’s Registered Nurses stated that the supplement “was not correctly picked up” and as such was not given to the resident. The citation describes this deficiency as having the “potential to cause more than minimal harm.”

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Nyack Ridge Rehabilitation and Nursing 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 February 13, 2020. The Valley Cottage 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 adequately treat pressure ulcers and bedsores. Section 483.25 of the Federal Code requires nursing homes to ensure patients receive necessary care and services to prevent the treatment of pressure ulcers. A June 2018 citation found that Nyack Ridge Rehabilitation and Nursing Center did not provide necessary care and treatment to one resident. The citation states specifically that “redness and scab formation developed on the resident’s left cheek from a nasal cannula oxygen tubing applied on the resident’s face.” In an interview, the facility’s Registered Nurse manager stated that “the reddened area on the resident’s cheek should be addressed in the care plan,” and the citation notes that interventions were subsequently added to the care plan.

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Pine Valley Center for Rehabilitation and Nursing received 14 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on February 14, 2020. The Spring Valley 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 prevent residents from eloping. Under Section 483.25 of the Federal Code, nursing homes are required to ensure residents are provided an environment “as free of accident hazards as is possible” and in which they have “adequate supervision and assistance devices to prevent accidents.” An April 2019 citation found that Pine Valley Center for Rehabilitation and Nursing did not ensure adequate supervision or assistive devices were employed to prevent one resident from eloping, and further that the facility did not adequately investigate the incident of elopement to prevent it from recurring. The citation states specifically that the resident, who had “known wandering behavior” as well as a wander guard, and who had expressed a desire to leave the nursing home, “exited the 3rd floor undetected” before eloping from the nursing home through its front door, past the facility’s receptionist, and triggering an alarm. According to the citation, “The receptionist reset the alarm without investigating to determine the source of the alarm or intervening by following the facility’s policy and procedures for a resident at risk for elopement with a wander guard,” and as such the resident’s elopement went undetected. The citation notes that the resident was redirected back into the facility, which updated its third floor wander guard notification system.

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The Willows at Ramapo Rehabilitation and Nursing Center received 53 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on February 14, 2020. The Suffern 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 keep low enough medication error rates. Section 483.45 of the Federal Code stipulates that nursing homes must maintain medication error rates below five percent. An April 2019 citation found that The Willows at Ramapo Rehabilitation and Nursing Center did not ensure a low enough rate. The citation states specifically that during a medication pass, one of the facility’s Licensed Practical Nurses did not administer a resident’s mineral ingredient of their multivitamin medication. In an interview, the LPN stated that the omission was an oversight. A plan of correction undertaken by the facility included the education of the LPN.

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Rutland Nursing Home received 21 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on January 21, 2020. The facility has also been the subject of a 2015 fine of $12,000 in connection to findings it violated health code provisions regarding nutrition and pressure sores; a 2013 fine of $4,000 in connection to findings it violated health code provisions regarding accidents and administration; and a 2012 fine of $22,000 in connection to findings it violated health code provisions regarding quality of care, pressure sores, and accidents. The Brooklyn nursing home’s citations resulted from a total of two surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not ensure the competency of its nursing staff. Under Section 483.35 of the Federal Code, nursing home facilities are required to “ensure that licensed nurses have the specific competencies and skill sets necessary to care for residents’ needs, as identified through resident assessments, and described in the plan of care.” A May 2018 citation found that Rutland Nursing Home failed to comply with this section. The citation specifically describes a Certified Nursing Assistant who “did not know how to apply a resident’s knee device.” The resident in question was nonverbal and had impaired cognition, according to the citation, and required the assistance of corrective devices to improve her range of motion. The resident was observed without wearing her knee splint; in an interview, the CNA said that she did not know how to apply it, and that another CNA typically applied it instead. A plan of correction undertaken by the facility included the disciplining of the CNA in question, who “is no longer an employee of Rutland Nursing Home.”

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Oxford Nursing Home received 22 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on January 21, 2020. The Brooklyn 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’ right to freedom from abuse. Under Section 483.12 of the Federal Code, nursing home residents have a right “to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A January 2019 citation found that Oxford Nursing Home did not protect a resident from abuse. The citation states specifically that the nursing home’s surveillance camera captured, in July 2018, a resident spitting on a newspaper in the facility’s dining room. A Certified Nursing Assistant then grabbed the resident’s hand and “repeatedly rubbed the resident’s hand into the oral substance that the resident expectorated on the newspaper and table,” according to the citation. In an interview, the CNA in question “admitted to the actions,” and the facility’s Director of Nursing said that the facility had provided its CNAs with “no written instructions” regarding the resident’s behavior of spitting on the table. The citation found this deficiency as having the “potential to cause more than minimal harm.”

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Haym Solomon Home for the Aged received 25 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on January 21, 2020. The Brooklyn 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 adequately protect residents free from neglect. Section 483.12 of the Federal Code requires nursing home to ensure residents’ “right to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A June 2018 citation found that Haym Solomon Home for the Aged did not protect one of its residents from neglect. The citation states specifically that one of the facility’s Certified Nursing Assistants did not properly supervise a resident during a shower, in accordance with the resident’s plan of care. According to the citation, “The CNA left the resident alone in the shower room, and the resident fell from the shower chair. After the resident fell, the CNA did not call for the assistance of a nurse, picked the resident up alone, and placed the resident back onto the shower chair.” The citation notes that the resident’s plan of care required the resident to receive shower assistance from two persons, and that the resident experienced a small cut and redness on parts of their skin as a result. The citation notes that “actual harm has occurred” as a result of this incident.

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