Brooklyn Gardens Nursing & Rehabilitation Center Cited for Elopement, Infection

Brooklyn Gardens Nursing & Rehabilitation Center received 39 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on November 22, 2019. It also received a Department of Health fine of $11,000, in April 2011, over alleged violations of sections of the health code relating to the pressure sores and nutrition. The Brooklyn nursing home’s citations resulted from a total of six inspections by state surveyors. The deficiencies they describe include the following:

1. The facility did not provide adequate supervision to prevent elopement. Section 483.25 of the Federal Code stipulates that nursing home facilities must provide adequate supervision and assistive devices to prevent residents from sustaining accidents. A December 2016 citation found that Brooklyn Gardens failed to provide adequate supervision in an instance where a resident who had been placed on hourly monitoring “was able to walk out of the facility’s front gate undetected by staff.” The citation states that the resident exited through the facility’s front gate at 5:17PM on the evening in question, but a Registered Nurse Supervisor was not made aware of such until 9PM, at which point a missing resident alert was activated. The resident was returned to the facility by local police at about 12:57AM “with injuries of unknown origin.”

2. The nursing home did not take adequate infection prevention and control measures. Section 483.80 of the Federal Code states in part that nursing homes must “establish and maintain an infection prevention and control program designed to provide a safe, sanitary and comfortable environment.” An October 2018 citation described the facility’s failure to maintain infection control practices and procedures in two instances. In one, an inspector observed a resident’s oxygen tubing touching the floor, in contravention of protocol. In a second instance, an inspector observed a Licensed Practical Nurse neglecting to clean a glucometer after using it, also in contravention of protocol. The citation states that these deficiencies had “potential to cause more than minimal harm.”

3. The nursing home did not take adequate steps to investigate allegations of misconduct. Section 483.12 of the Federal Code states that nursing home facilities must investigate, and provide evidence of the investigations thereof, any allegations of abuse, neglect, exploitation, or mistreatment. A June 2017 citation found that Brooklyn Gardens did not ensure the investigation of an allegation of missing property. An inspector described specifically that a resident’s daughter reported to facility staff that certain items of the resident’s clothes were missing. However, despite facility policy mandating the investigation of alleged misappropriation with findings maintained in writing, the nursing home “did not conduct an investigation of [the resident’s] missing property and the missing items were not replaced.” The citation notes that the resident was subsequently reimbursed for the items in question.

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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