Physical Abuse

October 18, 2020

Elderwood at Waverly: 19 Coronavirus Fatalities

by Law Offices of Thomas L. Gallivan, PLLC

Elderwood at Waverly suffered 19 fatalities from Covid-19 as of July 18, 2020, per state records. The nursing home also received 17 citations finding it violated public health code between 2016 and 2020, according to health records accessed on July 20, 2020. It was additionally the recipient of a 2019 fine in connection to findings in a 2018 survey that it violated unspecified health code provisions. The Waverly 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 properly supervise residents to prevent accidents. Section 483.25 of the Federal Code requires nursing homes to ensure resident environments are kept as free as possible of accident hazards, and that residents received “adequate supervision and assistance devices to prevent accidents.” A January 2019 citation found that Elderwood at Waverly failed to ensure residents received an adequate level of supervision with the use of assistance devices. The citation specifically describes a resident with “moderate cognitive impairment” who required the assistance for transfers and walking. “The resident utilized a wheelchair and walker, was not steady when moving fro a seated to standing position and for surface to surface transfers,” according to the citation, which goes on to describe an instance in which the resident was observed “self-propelling from the dining room to her room using doorways and handrails to assist” and with her feet under her wheelchair’s leg rest foot plates; it also describes another instance in which she stood from her wheelchair to move to the other side of a table in the dining room, and another in which she self-propelled with her feet under her wheelchair’s leg rests. In an interview, the facility’s Director of Therapy stated that “any resident who self-propelled in a wheelchair with their legs and feet should not have leg rests on the chair due to the risk to fall and impeding mobility.” A plan of correction undertaken by the facility included a revision of the resident’s care plan concerning the use of leg rests.

2. The nursing home did not protect residents from abuse. Section 483.12 of the Federal Code requires nursing homes to protect each resident’s right “to be free from abuse, neglect, misappropriation of resident property, and exploitation.” An October 2018 citation found that Elderwood at Waverly failed to ensure such. The citation specifically describes a resident who “was observed on video being hit by facility staff.” According to the citation, a Registered Nurse “bent to kiss the resident on her forehead” after administering medication, at which point the resident struck theRN in the face, and the RN “responded by grabbing and slapping the resident’s left arm.” A plan of correction undertaken by the facility included the termination of the RN.

September 15, 2020

Rego Park Nursing Home Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC

Rego Park Nursing Home received 22 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on December 12, 2019. The Flushing nursing home’s citations resulted from a total of five inspections by state authorities. The deficiencies they describe include the following:

1. The nursing home did not ensure residents were free from abuse. Section 483.12 of the Federal Code stipulates that nursing home residents have a right to freedom from abuse and neglect. An August 2019 citation found that Rego Park Nursing Home failed to protect a resident from abuse. The citation specifically found that a Certified Nursing Assistant was captured on video camera footage kicking a resident twice in the facility’s dining room, “once on the left leg and once on the left leg.” The resident was subsequently seen bleeding and transported to the local hospital, where the resident received “11 sutures on the left leg and 10 sutures on the right leg.” Following the incident, the Assistant was terminated from the facility, and arrested by local police.

2. The nursing home did not take adequate steps to investigate allegations of abuse. Section 483.12 of the Federal Code requires nursing homes to respond to allegations of abuse, neglect, exploitation, or mistreatment by providing evidence that alleged violations are investigated and that the results of investigations are reported to relevant authorities. An August 2018 citation found that Rego Park Nursing Home did not provide for the thorough investigation of a resident’s injury. The citation states specifically that a resident was found “with yellow-green discoloration underneath the eyes and bridge of the nose.” An investigation of the injury, according to the citation, omitted statements or interviews from staff who had worked with the resident in the days preceding the injury. The citation states further that “The statements that were obtained did not include any information regarding the person’s interactions with the resident, and the investigation did not address that the injury was resolving at the time it was identified and reported.” The findings concluded that these deficiencies had the “potential to cause more than minimal harm.”

September 5, 2020

Park Nursing Home Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC

Park Nursing Home received 39 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on January 3, 2020. The Rockaway Park nursing home’s citations resulted from a total of eight inspections by state surveyors. The violations they describe include the following:

1. The nursing home did not ensure residents were protected from abuse. Under Section 483.12 of the Federal Code, nursing homes must ensure their residents “the right to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A February 2019 citation found Park Nursing Home did not ensure its residents remained free from abuse. The citation specifically found that “a cognitively impaired resident who displays physical aggression towards others physically assaulted more than one resident, one more than one occasion.” An inspector found that whereas the facility implemented interventions to address this resident’s conduct, these interventions “were not evaluated for their effectiveness.” A Director of Nursing stated in an interview that these interventions included separating the resident from others, close monitoring, and placing him with residents able to defend themselves; the DON said also that “these interventions were not all documented and should have been.”

2. The nursing home did not provide residents adequate supervision to prevent elopement. Section 483.25 of the Federal Code requires that nursing homes provide residents with “adequate supervision and assistance devices to prevent accidents.” An October 2018 citation found that Park Nursing Home did not adequately supervise a resident who had been “identified at risk for elopement” and who refused to wear a wander guard device. The citation goes on to state that the resident eloped the facility after climbing its back gate without staff knowledge; it notes specifically that the Registered Nursing Supervisor was not notified of the elopement until approximately three hours after it occurred, and the resident was returned after another two hours. The citation notes that the elopement was attributed in part to “a breach in security,” and the facility’s plan of correction included the termination of a security officer “who left his post.”

September 1, 2020

Dr. Susan Smith McKinney Nursing and Rehabilitation Center Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC

Dr. Susan Smith McKinney Nursing and Rehabilitation Center received 17 citations for violations of public health code between 2015 and 2019, according to New York State Department of Health records accessed on January 16, 2020. The facility also received a 2019 fine of $4,000 in connection to findings of multiple deficiencies observed in a February 11, 2019 survey. The Brooklyn nursing home’s citations resulted from a total of two surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not ensure residents’ freedom from abuse. Under Section 483.12 of the Federal Code, nursing home residents have the right “to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A February 2019 citation found that the nursing home did not ensure staff provided residents with services necessary to avoid “physical pain, mental anguish, or emotional distress.” The citation found specifically that one of the facility’s Certified Nursing Assistants tied a resident’s left hand to bed rails using a plastic bag, resulting in psychosocial harm for the resident, “who was totally dependent on staff for all care needs, an unable to call for assistance or help.” The citation also states that another CNA “rough handled” another resident while trying to provide care. A plan of correction undertaken by the facility included the removal of the CNAs in question.

2. The nursing home did not ensure residents’ right to freedom from physical restraints. Sections 483.10 and 483.12 of the Federal Code provides nursing home residents with the right to be “free from physical or chemical restraints imposed for purposes of discipline or convenience and that are not required to treat the resident’s medical symptoms.” A February 2019 citation found that facility staff unnecessarily used physical restraints to inhibit a resident’s freedom of movement. The citation specifically describes a Certified Nursing Assistant tying a resident’s hand to their bed rail with a plastic bag, stating later that “she restrained the resident because he became resistive as she tried to clean feces from his hand.” The citation notes that the resident had no orders to be restrained and that the CNA was allowed by the facility to continue providing the resident with care for two days following the incident. A plan of correction undertaken by the facility states that the CNA as well as a Registered Nurse who “did not report the incident to facility administrative staff” in a timely manner were both removed from the facility. The citation also notes that the incident resulted in “actual harm” to the resident in question.

August 26, 2020

Saints Joachim & Anne Nursing and Rehabilitation Center Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC

Saints Joachim & Anne Nursing and Rehabilitation Center received 16 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on January 21, 2020. The Brooklyn nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not protect a resident from abuse. Section 483.12 of the Federal Code ensures nursing home residents the right “to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A May 2019 citation found that Saints Joachim & Anne Nursing and Rehabilitation Center did not ensure this right for one resident. The citation specifically describes a resident who was “repeatedly forcefully pushed down into the chair to prevent them from getting up and going to the bathroom.” It goes on to describe a witness stating that she observed the CNA push the resident and expressing her wish for the CNA in question not to care for her mother. The CNA “was not nice and very rough with a resident,” according to the witness’s statement, “pushing the resident to sit down.” A plan of correction undertaken by the facility included the termination of the CNA in question.

2. The nursing home did not implement adequate measures to investigate and prevent abuse. Section 483.12 of the Federal Code stipulates that while nursing homes investigate allegations of abuse, they must ensure the prevention of further abuse. A May 2019 citation found that Saints Joachim & Anne Nursing and Rehabilitation Center did not ensure further abuse while investigating the above-mentioned incident of alleged abuse; the citation also states that the allegation “was not investigated or reported to the administrator and New York State Department of Health (NYSDOH) within 5 working days.” According to the citation, when a witness reported the alleged abuse to a Registered Nurse Supervisor, that RNS did not report it to authorities or launch an investigation. The citation states additionally that following the receipt of the allegation, the facility did not immediately remove the Certified Nursing Assistant accused of abuse from their assignment. According to the citation, the CNA was in fact not removed until after the facility’s Assistant Director of Nursing launched an investigation. The citation states that this deficiency had the “potential to cause more than minimal harm.”

July 30, 2020

Sunharbor Manor Cited for Abuse, Fined $10,000

by Law Offices of Thomas L. Gallivan, PLLC

Sunharbor Manor received 32 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 16, 2020. The facility has also been the subject of a 2010 fine of $10,000 in connection to findings that it violated health code provisions regarding quality of care. The Roslyn Heights nursing home’s citations resulted from a total of five surveys by state inspectors. The deficiencies 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 freedom from abuse. A July 2019 citation found that Sunharbor Manor did not ensure this right for one resident. The citation states specifically that when a Licensed Practical Nurse approached the resident “from behind and injected him with a syringe through his long-sleeved shirt,” the resident responded with agitation and “tried to hit the nurse,” resulting in the nurse pushing the resident “to the floor causing him to fall sideways in his wheelchair and then to the floor.” In an interview, the facility’s Director of Nursing stated that an investigation she conducted ended in the conclusion that “there was possible abuse.” A plan of correction undertaken by the facility included the termination of the nurse.

2. The nursing home did not adequately protect residents from the administering of unnecessary drugs. Section 483.45 of the Federal Code stipulates that nursing home residents’ drug regimens “must be free from unnecessary drugs.” A February 2017 citation found that Sunharbor Manor did not ensure one resident’s drug regimen “had adequate indications for its use.” The citation states specifically that the resident, who “had no mood or behavior problems” but did have short- and long-term memory problems, received an antipsychotic and antidepressant medication, although the facility’s Psychiatrist stated that “age related cognitive decline was not the appropriate indication” for one of the medications. A plan of correction undertaken by the facility included the review and revision if necessary of its policy and procedure on antipsychotic medication.

July 19, 2020

Workmen’s Circle Multicare Center: Abuse Citation, COVID Deaths

by Law Offices of Thomas L. Gallivan, PLLC

Workmen’s Circle Multicare Center suffered 16 fatalities from Covid-19 as of July 12, 2020, state records report. The nursing home also received 15 citations over violations of public health code between 2016 and 2020, according to health records accessed on July 13, 2020. The Bronx 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 did not adequately prevent abuse. Section 483.12 of the Federal Code stipulates that nursing homes must ensure each resident’s right to freedom “from abuse, neglect, misappropriation of resident property, and exploitation.” A September 2019 citation found that Workmen’s Circle Multicare Center did not ensure such for one resident. The citation states specifically that a Certified Nursing Assistant “acknowledged hitting” a resident “in her eye after the resident became combative during care.” The resident, according to the citation, was later “observed with her hands covered her face and crying.” In an interview, the CNA stated that the resident had become combative and was “hitting her constantly,” and that when the resident hit the CNA in the stomach, CNA “accidentally” hit the resident in the face. “It happened so fast and my hand hit her face,” the CNA stated. The citation goes on to state that the CNA said she declined to notify a nurse that she hit the resident, and a statement she gave the facility noted that she observed the resident’s “eye swollen while she was providing care.” The CNA was later arrested by the police and prosecuted by local authorities, according to the citation.

2. The nursing home did not ensure resident dignity. Section 483.10 of the Federal Code stipulates that nursing home residents have “a right to be treated with respect and dignity,” which includes a right to the use of personal possessions. A June 2018 citation found that Workmen’s Circle Multicare Center did not ensure this right for two residents. The citation specifically describes an instance in which the facility’s Administrator and Assistant Administrator went into the residents’ room and “without any explanation… opened and searched the residents’ bedside drawers” and threw out one of the resident’s unopened food items “without his permission.” In an interview, the resident’s Assistant Administrator stated that they did not throw out the resident’s food, and that they asked permission before opening the drawers.

May 17, 2020

The Hamlet Rehabilitation and Healthcare Center Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC

The Hamlet Rehabilitation and Healthcare Center at Nesconset received 37 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on April 19, 2020. The Nesconset 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 protect residents from abuse. Section 483.12 of the Federal Code requires nursing homes to “Prohibit and prevent abuse, neglect, and exploitation of residents and misappropriation of resident property.” A September 2018 citation found that The Hamlet Rehabilitation and Healthcare Center at Nesconset did not ensure such for one resident. The citation states specifically that the resident in question “reported allegations of sexual and verbal abuse to facility staff,” and these allegations were not “promptly reported” to administrative authorities and investigated until the following day. in an interview, the facility’s social worker said that although she usually interviews residents making such allegations as soon as possible, “she was not made aware of any of the resident’s allegations of abuse” on the day they were made, instead learning of them at a staff meeting the following morning. A plan of correction undertaken by the facility included the in-servicing of relevant staff.

May 5, 2020

Woodhaven Nursing Home Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC

Woodhaven Nursing Home received 46 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on April 24, 2020. The facility has also received two fines: one 2017 fine of $2,000 in connection to findings in an inspection that it violated health code provisions regarding unnecessary; and one 2016 fine of $12,000 in connection to findings in a 2013 inspection that it violated health code provisions regarding accidents and administration. The Port Jefferson Station 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 prevent abuse. Section 483.12 of the Federal Code states that nursing home residents have the right to be free from abuse. A November 2019 citation found that Woodhaven Nursing Home did not ensure that right for one resident. The citation states specifically that the resident was repeatedly hit by another resident “with a wheelchair with the leg rest in place,” suffering a “laceration with severe bleeding to the right leg” and requiring transfer to the hospital. A plan of correction undertaken by the facility included the transfer of the resident to a “safe location” and the transfer of the aggressive resident to a hospital for psychiatric evaluation.

May 4, 2020

St. Johnland Nursing Center Cited for Abuse, Bedsores

by Law Offices of Thomas L. Gallivan, PLLC

St. Johnland Nursing Center received 37 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on April 11, 2020. The facility has also received a 2019 fine of $2,000 in connection to findings in a 2019 inspection that it violated unspecified health code provisions. The Kings Park nursing home’s citations resulted from a total of five surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not adequately protect residents from abuse. Section 483.12 of the Federal Code gives nursing home residents “the right to be free from abuse.” A January 2019 citation found that St. Johnland Nursing Center did not ensure such for one resident. The citation states specifically that one resident demonstrated a “history” of chasing after another, female resident “with a show in his hand.” The citation describes an incident in which the male resident “aggressively grabbed” the female resident’s wheelchair, “causing her to fall to the floor” in an “altercation” which lasted for more than 13 minutes and which staff did not witness, according to the citation. A plan of correction undertaken by the facility included the counseling of staff responsible for monitoring the aggressor resident, who was “placed on 1:1 supervision” for a period of two weeks.