New York Nursing Home Abuse Lawyer Blog
Beth Abraham Center for Rehabilitation and Nursing received 30 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on November 14, 2019. The Bronx nursing home’s citations resulted from a total of five inspections by state surveyors. The violations they describe include the following:
1. The nursing home did not properly ensure the prevention and control of infection. Under Section 483.80 of the Federal Code, nursing home facilities “must establish and maintain an infection prevention and control program designed to provide a safe, sanitary and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.” During a May 2019 inspection, a surveyor observed a Licensed Practical Nurse “performing blood pressure monitoring for 3 residents without cleaning the blood pressure cuff between residents”; another LPN administering eye drop medication without maintaining “proper hand hygiene”; and a third LPN failing to maintain proper hand hygiene while completing a wound care observation.
2. The nursing home did not ensure residents were kept free from abuse and neglect. Under Section 483.12 of the Federal Code, nursing home facilities must protect their residents’ “right to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A February 2019 citation describes two residents witnessing a Certified Nursing Assistant hitting a third resident with a cane. As a result, the resident “sustained swelling and pain to her left knee and left arm.” An investigation by the nursing home concluded that the assistant in question “abused” the resident, and the assistant was subsequently terminated.
3. The nursing home did not provide provide treatment and services adequate to prevent and heal pressure ulcers and bedsores. Section 483.25(c) of the Federal Code requires that nursing home facilities prevent persons who enter without pressure sores from developing them unless their condition renders such unavoidable; and that residents with pressure sores receive adequate treatment and services. A citation issued in July 2017 found that a resident “was observed on several occasions on her back and not repositioned and buttock wet with urine with no barrier between buttock and bed sheet,” despite the presence of “multiple pressure ulcers on both [her right and lower buttocks.” A state inspector noted that the resident’s care plan had not been amended to reflect that some of her wounds had reopened and worsened. The citation found that this lapse had the “potential to cause more than minimal harm.”
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.