Articles Posted in Physical Abuse

rehabilitation-111391__480-300x200

Foltsbrook Center for Nursing and Rehabilitation has been in violation of health codes and has received 77 citations over the last four years for failing to protect residents from accidents leading to injuries, failing to prevent infections, and for not protecting residents from being abused by other residents.

Foltsbrook Center for Nursing and Rehabilitation received 77 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on September 17, 2021. It has also received two fines totaling $12,000 since 2018. The Herkimer nursing home’s citations resulted from a total of six surveys by state inspectors. The violations they describe include the following:

1. The nursing home did not adequately protect residents from accidents. Under Section 483.25 of the Federal Code, nursing home residents have the right to an environment “as free of accident hazards as is possible” and with adequate supervision to prevent accidents. A June 2021 citation found that Foltsbrook Center for Nursing and Rehabilitation failed to ensure such. The citation specifically describes a a resident who microwaved soup and then spilled it on her legs, resulting in a second-degree burn described in the citation as a “non-healing wound.” In a later incident, the resident received reheated soup which spilled on her abdomen, resulting in blisters. According to the citation, the facility did not have any policy to ensure the safe reheating of foods, and there were no thermometers available in the unit for staff members to check the temperature of reheated foods. A plan of correction undertaken by the facility included the removal of microwaves from common areas.

nursing-home-1-300x137

A Brooklyn nursing home has received a total of 19 citations from state inspectors between 2017 and 2021.

NY Congregational Nursing Center received 19 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on August 27, 2021. The Brooklyn nursing home’s citations resulted from a total of five surveys by state inspectors. The violations they describe include the following:

1. The nursing home failed to protect its residents from abuse. Under Section 483.12 of the Federal Code, nursing home residents have “the right to be free from abuse.” A March 2021 citation found that NY Congregational Nursing Center failed to ensure such. The citation states specifically that the failed to protect a resident from abuse by another resident with a history of aggression. After the incident in question, the victim was observed “lying in bed with blood all over their face, blood at the back of the head; with swollen eyes and swollen and bleeding lips.” The citation goes on to state that “a lot of blood was on the floor next to the nightstand.” An investigation found that staff did not foresee the incident and had not implemented interventions to prevent the aggressor from entering other residents’ rooms, even though the resident was known to do so. A plan of correction undertaken by the facility included the education of facility staff.

mask-5503414_640-300x200

The Rye, New York nursing home has received 18 healthy and safety citations in recent years.

Pinnacle Multicare Nursing and Rehabilitation Center received 18 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on August 6, 2021. The Rye nursing home’s citations resulted from a total of six inspections by state surveyors. The violations they describe include the following:

1. The nursing home did not adequately protect residents from abuse. Section 483.12 of the Federal Code ensures nursing home residents “the right to be free from abuse.” A June 2021 citation found that Pinnacle Multicare Nursing and Rehabilitation Center failed to ensure this right for several residents. The citation states specifically that the nursing home failed to adequately monitor “a resident with a history of wandering and combative behavior” who entered another resident’s room, in which “a physical altercation ensued” and the first resident “sustained serious injuries and expired in the hospital.” In another incident described by the citation, another resident with “a history” of aggressive behavior was inadequately monitored by the facility, wandered into a fourth resident’s room and assaulted them, causing a fractured nose. In a third incident, a third resident with “a history of aggressive behavior” was not adequately monitored by the facility “and assaulted their roommate,” who sustained injuries. The citation states that these failures resulted in “actual harm.”

mask-5503419_640-1-300x200

A nursing home in Norwich, New York has received numerous health code citations.

Valley View Manor Nursing Home received 17 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on July 9, 2021. The Norwich nursing home’s citations resulted from a total of three inspections by state surveyors. The violations they describe include the following:

1. The nursing home did not implement adequate accident-prevention measures. Section 483.25 of the Federal Code stipulates that nursing homes must ensure resident environments remain as free as possible of accident hazards. A September 2019 citation found that Valley View Manor Nursing Home failed to ensure such. The citation states specifically that when a resident was suspected of smoking in the nursing home, “there was no investigation completed to assess safety and address interventions to prevent reoccurrence.” The citation goes on to state that the resident’s “history of smoking was not care planned timely to ensure the safety of herself and other residents.” A plan of correction undertaken by the facility included the re-education of staff on the facility’s smoking and accident policies.

The Citadel Rehab and Nursing Center at Kingsbridge has received eight citations for violations of public health laws between 2017 and 2021, according to New York State Department of Health records accessed on June 18, 2021. Those citations include a finding of systemic accident hazards in the facility, which also received a $10,000 fine in 2016. The Bronx nursing home’s citations resulted from a total of five inspections by state authorities. The violations they describe include the following:

1. The nursing home did not take adequate steps to prevent accidents such as elopement. Section 483.25 of the Federal Code stipulates that nursing homes must keep their facilities “as free of accident hazards as is possible” and provide residents with adequate supervision to prevent accidents. A February 2021 citation found that The Citadel Rehab and Nursing Center failed to ensure such for one resident. The citation states specifically that after new windows were installed in the resident’s rom, the nursing home “failed to ensure the window’s safety latch was in place to prevent the window from tilting into the room and fully opening.” The resident had been identified as at risk for elopement, and had been observed exhibiting increased “exit-seeking behaviors” that were not reported to the physician. At a redacted date, surveillance video showed, the resident opened the window in their room, “threw tied sheets out, and climbed out the window.” They then fell to the ground and were found by staff several hours later, after which they were “transferred to the hospital and expired.” A plan of correction undertaken by the facility included the termination of two Certified Nursing Assistants and a Licensed Practical Nurse.

2. The nursing home did not take adequate steps to prevent physical abuse. Section 483.12 of the Federal Code ensures nursing home residents “the right to be free from abuse.” A January 2021 citation found that The Citadel Rehab and Nursing Center failed to ensure such for one resident. The citation states specifically that during an incident in which a resident slapped a Certified Nursing Assistant, the Certified Nursing Assistant “retaliated and slapped” the resident’s left cheek, causing the resident’s eyeglasses to fall to the floor. The citation states that the incident was witnessed by a housekeeper and another Certified Nursing Assistant. A plan of correction undertaken by the facility included the suspension and then the termination of the Certified Nursing Assistant.

medical-mask-5085513_640-300x225

The nursing home in Syracuse, New York was cited for findings of improper PPE use during the Covid-19 pandemic.

Bishop Rehabilitation and Nursing Center has received 75 citations for violations of public health code between 2017 and 2021, according to health records accessed on April 16, 2021. The Syracuse nursing home’s citations resulted from a total of 15 inspections by state surveyors. The violations they describe include the following:

1. The nursing home did not take adequate steps to prevent infection. Section 483.80 of the Federal Code requires nursing homes to create and maintain an infection control program designed to prevent infection. A September 2020 citation found that Bishop Rehabilitation and Nursing Center failed to ensure such. The citation states specifically that the nursing home two registered nurses and a licensed practical nurse “were observed wearing face masks below their noses” while treating a resident, and that a unit aide was observed “wearing a face mask below her nose and mouth while sitting with 2 residents and speaking with another staff member,” in contravention of the facility’s guidelines concerning the use of personal protective equipment. A plan of correction undertaken by the facility included the re-education of relevant staff.

wheelchair-1230101_640-300x169

A nursing home based in Syracuse, New York has received 57 health citations since 2017.

Van Duyn Center for Rehabilitation and Nursing has received 57 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on April 8, 2021. The facility has additionally received seven fines totaling $90,000 since 2008. The Syracuse nursing home’s citations resulted from a total of 15 surveys by state inspectors. The deficiencies they describe include the following: Continue reading

seat-4127309_1280-300x200

A health inspector found that one resident of the New York nursing home kept his smoking paraphernalia when outside the designated smoking area and outside of designated smoking times.

The Eleanor Nursing Care Center has received received 48 citations for violations of public health code between 2017 and 2021, according to health records accessed on March 12, 2021, as well as two fines totaling $12,000 between 2016 and 2017. The Hyde Park nursing home’s citations resulted from a total of seven surveys by state inspectors. The violations they describe include the following:

1. The nursing home did not implement adequate measures to prevent accidents. Under Section 483.25 of the Federal Code, nursing homes are required to provide residents with environments as free as possible of accident hazards. A September 2019 citation found that The Eleanor Nursing Care Center failed to ensure such. The citation state specifically that “no ashtrays were observed in the designated smoking area” on several occasions, that eleven residents were observed “flicking cigarette ashes to the ground,” and that one resident “maintained possession of his personal smoking paraphernalia when not in the designated smoking area at scheduled smoking times,” in contravention of facility policy. A plan of correction undertaken by the facility included the purchase of non-combustible ashtrays and the education of staff on “the importance of safe disposal of ashes in the ashtrays.”

test-tube-5065426_640-300x200

An investigation found that nursing homes with five-star ratings often received citations for abuse and neglect.

A new investigation by the New York Times examines how nursing homes use the star rating system to “mislead the public.” As the article explains, the nursing home star rating system, in which one star is the lowest rating and five star is the highest ratings, has been “a popular way for consumers to educate themselves and for nursing homes to attract new customers.”

However, the report suggests, the system in fact offers “a distorted picture of the quality of care” at nursing homes, with many facilities manipulating the rating system to conceal failings that led to disproportionate nursing home resident deaths during the Covid-19 pandemic. The Times ultimately found that residents “at five-star facilities were roughly as likely to die of the disease as those at one-star homes.” Continue reading

Ira Davenport Memorial Hospital suffered 28 confirmed and 1 presumed COVID-19 deaths as of January 2, 2021, according to state records. The nursing home has also received 36 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on January 2, 2020. The Bath nursing home’s citations resulted from a total of six surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not adequately protect residents from accident hazards. Section 483.25 of the Federal Code requires nursing homes to ensure that resident environments are kept “as free of accident hazards as is possible” and that staff provide residents with “adequate supervision… to prevent accidents.” An April 2019 citation found that Ira Davenport Memorial Hospital failed to ensure such. The citation states specifically that one resident was not provided with sufficient protection from accidents and subsequently suffered a fall with injury. It a section describing the incident in question, the citation states that “the resident was walking in the hall, lost her balance, and fell to the floor hitting her head and sustaining a goose egg to her left forehead.” The registered nurse who documented the fall wrote that there were no fall protections in place for the resident. A plan of correction undertaken by the facility included the revision of her care plan “include the presence of safety devices, ambulation changed to assist of one due to presence of illness and 15 min checks instituted.”

2. The nursing home did not adequately protect residents from abuse. Under Section 483.12 of the Federal Code, nursing home residents are guaranteed the right “to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A May 2018 citation found that Ira Davenport Memorial Hospital did not ensure such for one resident. The citation states specifically that a Certified Nursing Assistant hit a resident on the resident’s left thigh after the resident grabbed the CNA’s hair. According to the citation, the facility’s policies forbade abuse, and the CNA had received abuse training. A plan of correction undertaken by the facility included the termination of the CNA.

Contact Information