Bay Park Nursing Home in the Bronx was cited for many disturbing deficiencies in a February 16, 2011 New York State Department of Health survey. By law, New York nursing homes must ensure that the resident environment remains as free of accident hazards as is possible; and each resident receives adequate supervision and assistance devices to prevent accidents. The NYS DOH found that the staff at the facility violated these legal regulations in three separate instances. The surveyors specifically found the following: (1) a resident was not provided with adequate supervision and wheelchair leg rests which resulted in the resident sustaining a subdural hematoma; (2) protruding metal screws were observed in handrails provided in resident unit corridors; and (3) sharp edges were observed in radiators lacking proper covers.
Bay Park was also cited for failing to ensure that nurse aides employed at the facility were able to demonstrate competency in skills and techniques necessary to care for residents’ needs. The surveyors found that Bay Park did not ensure that the aide involved in the incident described above (#1) had competent skills and techniques. The resident involved suffered a subdural hematoma after the resident’s wheelchair leg rests were removed and the resident fell out of the wheelchair. Subsequently, the resident was hospitalized for seven days.
Under state and federal law, nursing home residents have the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion. Surveyors found that Bay Park failed to ensure that each resident was free from sexual abuse. Specifically, an unidentified resident was subjected to repeated incidents of inappropriate sexual behavior by another resident. In speaking with surveyors, the victim tearfully expressed that she was scared of the aggressor. Bay Park was also cited for failing to conduct an appropriate investigation after these incidents of abuse.
As a result of the NYS DOH findings, Bay Park was fined $18,000.00.
If you or a loved one has suffered due to neglect or abuse at a nursing home, please call the Law Offices of Thomas L. Gallivan, PLLC to protect your rights.