Berkshire Nursing & Rehabilitation Center Cited for Pressure Ulcers

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.”

2. The nursing home did not take adequate measures to prevent the development of pressure ulcers (bedsores). Section 483.25 of the Federal Code requires nursing homes to ensure that residents without pressure ulcers do not develop them unless their condition renders such unavoidable. A July 2016 citation found that Berkshire Nursing & Rehabilitation Center did not ensure such for one resident. The citation states specifically that the resident was admitted without pressure ulcers and was assessed as requiring “total assistance for bed mobility,” but in spite of this “there was no documented evidence that the resident was turned and positioned until a pressure ulcer had developed.” A plan of correction undertaken by the facility included the in-servicing of all nursing staff.

3. The nursing home did not adequately prevent medication errors. Section 483.45 of the Federal Code stipulates that nursing home facilities must keep residents “free of any significant medication errors.” An August 2017 citation found that Berkshire Nursing & Rehabilitation Center did not ensure such for one resident. The citation states specifically that an inspector observed a Licensed Practical Nurse administer a controlled anxiety medication to a resident “without a current physician’s orders” specifying that the LPN should do so. A plan of correction undertaken by the facility included the education of physicians regarding medication orders.

The attorneys at the Law Offices of Thomas L. Gallivan, PLLC work diligently to protect the rights of nursing home residents.  Please contact us to discuss in the event you have a potential case involving neglect or abuse.

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