Physical Abuse

March 26, 2020

Acadia Center for Nursing and Rehabilitation Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC

Acadia Center for Nursing and Rehabilitation received 16 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 21, 2020. The facility also received a 2015 fine of $4,000 in connection to findings in a 2013 inspection that it violated health code provisions regarding resident medication errors. The Riverhead, NY 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 ensure residents were protected from abuse. Section 483.12 of the Federal Code stipulates that nursing home residents have “the right to be free from abuse.” An October 2019 citation found that Acadia Center for Nursing and Rehabilitation did not ensure one resident was free from abuse. The citation states specifically that a Certified Nursing Assistant witnessed a Licensed Practical Nurse “using foul language and hitting a legally blind resident with cognitive impairment twice on his forehead.” The citation states further that video surveillance documented this incident, and that the LPN was “immediately removed from her assignment.” A plan of correction undertaken by the facility included the termination of the LPN. Continue reading

March 25, 2020

Apex Rehabilitation & Care Center Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC

Apex Rehabilitation & Care Center received 29 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 21, 2020. The Huntington Station 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 protect residents from abuse. Section 483.12 of the Federal Code requires nursing homes to ensure residents’ right to freedom from abuse. A December 2019 citation found that Apex Rehabilitation & Care Center did not ensure such for two residents. The citation states specifically that two Certified Nursing Assistants “placed the back of [a resident’s] bra strap over the wheelchair handle when the resident was exhibiting behavioral symptoms and constantly trying to stand up from the wheelchair.” The citation states further that one of those CNAs was captured on the facility’s video surveillance pushing a resident “to sit back in his wheelchair.” A plan of correction undertaken by the facility included the interview, suspension, investigation, and termination of both CNAs.

March 20, 2020

Grandell Rehabilitation and Nursing Center Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC

Grandell Rehabilitation and Nursing Center received 22 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 5, 2020. The facility has also been the subject of a 2018 fine of $12,000 in connection to findings during a 2018 inspection that it violated unspecified health code provisions; a 2016 fine of $16,000 in connection to findings during a 2013 inspection that it violated health code provisions regarding quality of care, administration, and quality assessment and assurance; a 2011 fine of $34,000 in connection to findings that it violated health code provisions regarding medically related social services, accident hazards, resident well-being, administration, and hydration; and a 2010 fine of $2,000 in connection to findings that it violated health code provisions regarding quality of care and nutrition. The Long Beach 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 ensure residents were protected from abuse. Section 483.12 of the Federal Code requires nursing homes to ensure residents’ right “to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A May 2018 citation found that Grandell Rehabilitation and Nursing Center did not ensure this right for one resident. The citation states specifically that one of the facility’s Recreation Aides “intentionally threw water” at a resident with a redacted diagnosis. The citation states that the RA admitted to throwing water at the resident. A plan of correction undertaken by the facility included the termination of the staff member in question.

March 13, 2020

Mayfair Care Center Cited for Abuse, Pressure Sores

by Law Offices of Thomas L. Gallivan, PLLC

Mayfair Care Center received 42 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 6, 2020. The Hempstead 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 take adequate measures to protect residents from abuse. Section 483.12 of the Federal Code provides nursing home residents with “the right to be free from abuse.” A July 2018 citation found that Mayfair Care Center did not ensure this right for one resident. The citation states specifically that the resident wandered into the room of another resident “with a history of physically abusive behavior,” who then pushed the first resident to the floor, resulting in a redacted medical condition and transfer to the hospital. The citation notes that this deficiency resulted in the occurrence of “actual harm.”

March 7, 2020

Central Island Healthcare Cited for Abuse, Pressure Ulcers

by Law Offices of Thomas L. Gallivan, PLLC

Central Island Healthcare received 36 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on February 27, 2020. The Plainview 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 ensure residents were free from abuse. Section 483.12 of the Federal Code specifies that nursing home residents are entitled “to be free from abuse, neglect, misappropriation of resident property, and exploitation.” An April 2018 citation found that Central Island Healthcare did not ensure this right for one resident. The citation found specifically that a Certified Nursing Assistant at the facility “forcibly placed” the resident in their bed “and changed the resident’s clothes against the wishes repeatedly expressed by the resident to remain dressed and out of bed.” A plan of correction undertaken by the facility included the suspension, investigation, and termination of the CNA in question.

February 22, 2020

Terence Cardinal Cooke Health Care Center Cited for Fall, Abuse

by Law Offices of Thomas L. Gallivan, PLLC

Terence Cardinal Cooke Health Care Center received 34 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on February 13, 2020. The facility has also been the subject of a 2011 fine of $2,000 in connection to findings during a 2010 inspection that it violated health code provisions regarding quality of care. The Manhattan 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 ensure residents an environment free of accident hazards. Under Section 483.25 of the Federal Code, nursing homes must provide residents an environment as free as possible from accident hazards, and which also has adequate staff supervision to prevent accidents. A February 2018 citation found that Terence Cardinal Cooke Health Care Center did not provide one resident with necessary supervision to prevent an accident. The citation notes that the resident had been identified as at high risk for fall and injury, and that her comprehensive care plan documented that staff would monitor the resident directly when the resident was at the nursing station. In spite of this, according to the citation, the resident sustained a fall and injury at the nursing station. A Licensed Practical Nurse stated in an interview that she had not assigned anyone to monitor the resident, and that none of the six Certified Nursing Assistants on the unit witnessed the fall. In an interview, the facility’s Director of Nursing stated of the resident’s care plan documentation for monitoring while at the nursing statement, “it has a greater chance that staff will see the resident more often, and does not mean that the resident must be on Line of Sight.”

February 9, 2020

Oxford Nursing Home Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC

Oxford Nursing Home received 22 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 four surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not ensure residents’ right to freedom from abuse. Under Section 483.12 of the Federal Code, nursing home residents have a right “to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A January 2019 citation found that Oxford Nursing Home did not protect a resident from abuse. The citation states specifically that the nursing home’s surveillance camera captured, in July 2018, a resident spitting on a newspaper in the facility’s dining room. A Certified Nursing Assistant then grabbed the resident’s hand and “repeatedly rubbed the resident’s hand into the oral substance that the resident expectorated on the newspaper and table,” according to the citation. In an interview, the CNA in question “admitted to the actions,” and the facility’s Director of Nursing said that the facility had provided its CNAs with “no written instructions” regarding the resident’s behavior of spitting on the table. The citation found this deficiency as having the “potential to cause more than minimal harm.”

January 23, 2020

Holliswood Center for Rehabilitation and Healthcare Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC

Holliswood Center for Rehabilitation and Healthcare received 28 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on January 9, 2020. The Hollis 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 implement proper infection control practices. Section 483.80 of the Federal Code requires nursing homes to “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.” A December 2017 citation found that Holliswood Center for Rehabilitation and Healthcare failed to maintain infection prevention and control procedures during the care of resident wounds. The citation specifically notes that while a Licensed Practical Nurse caring for a resident’s bedsore / pressure ulcer, she was observed removing and discarding soiled dressing, removing her gloves, and then washing her hands “using improper technique” before donning new gloves and cleaning the wound. The technique in question involved using “very little lather” while putting her soapy hands under running water.

January 22, 2020

Bridge View Nursing Home Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC

Bridge View Nursing Home received 38 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on January 9, 2020. The facility also received a 2017 fine of $16,000 in connection to findings in an April 2016 survey that it violated health code provisions regarding unnecessary drugs, physician supervision, quality of care, and treatment of residents. The Whitestone nursing home’s citations resulted from a total of seven 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 requires nursing homes to ensure each resident’s “right to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A December 2018 citation found that the nursing home did not ensure one resident was free from physical abuse. The citation found specifically that one of the facility’s Licensed Practical Nurses observed a Certified Nursing Assistant slap a resident’s face and then punch the resident in the head, while other residents were present, in the facility’s dining area. A plan of correction undertaken by the facility included the removal from duty of the CNA in question.

January 10, 2020

Chapin Home for the Aging Cited over Abuse

by Law Offices of Thomas L. Gallivan, PLLC

Chapin Home for the Aging received 17 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on December 19, 2019. The Jamaica nursing home’s citations resulted from a total of four inspections by state authorities. The deficiencies they describe include the following:

1. The nursing home did not protect residents from abuse and neglect. Under Section 483.12 of the Federal Code, nursing homes must ensure their residents’ “right to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A June 2019 citation found that Chapin Home for the Aging failed to comply with this section in an instance in which one resident was “observed in his room with his wheelchair leg rest in his hand, raised above” another resident, who was observed in bed “with multiple lacerations and… covered with blood.” The latter resident had lacerations on his scalp and his ear, as well as “excoriations” on his left shoulder and left upper arm. The resident was transferred to the local hospital, where he received 20 medical staples. The citation found that this deficiency on the nursing home’s part resulted in “actual harm.”