Delmar Center for Rehabilitation and Nursing Cited for Medication Errors

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A nursing home in Delmar, New York has been cited for infection control failures.

Delmar Center for Rehabilitation and Nursing has received 81 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on May 7, 2021. The facility has additionally received two fines totaling $20,000 since 2013. The Delmar 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 implement adequate measures to prevent infection. Under Section 483.80 of the Federal Code, nursing homes must establish and maintain a program to prevent and control infection. A December 2020 citation found that Delmar Center for Rehabilitation and Nursing failed to ensure such. The citation states specifically that it did not ensure staff in one of its units “wore gloves or performed hand hygiene to assist a resident with face mask, before and/or after touching equipment for multi-resident use, and before obtaining a gown from a multi-use cart that stored personal protective equipment.” The citation states further that the nursing home did not ensure staff put on a gown before making contact with a resident who had been placed on contact precautions. According to the citation, these actions contravened facility New York State Department of Health guidance concerning the use of personal protective equipment. A plan of correction undertaken by the facility included the re-education of relevant staff.

2. The nursing home had too many medication errors. Under Section 483.45 of the Federal Code, nursing homes are required to keep medication error rates below five percent. According to a September 2020 citation, Delmar Center for Rehabilitation and Nursing failed to ensure such. The citation specifically describes errors during a medication pass involving four residents, resulting in an error rate of 33.33%. Among other things, the errors included late administration of a resident’s diabetes medication, and a failure to document that a another resident had refused their medication. A plan of correction undertaken by the facility included the re-education of relevant staff.

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The nursing home’s citations also include one for medication errors.

3. The nursing home did not adequately prevent accidents. Section 483.25 of the Federal Code requires nursing homes to provide residents with adequate supervision to prevent accidents, and to provide residents with an environment as free as possible of accident hazards. An April 2017 citation found that Delmar Center for Rehabilitation and Nursing failed to ensure such. The citation states specifically that the door to the visitor lounge in one of the facility’s units was open, that the lounge’s window was open, that the window screen “was bowed out from the track,” and that all of this “created a potential elopement hazard” for the facility’s residents. In an interview, the facility’s Maintenance Director said that housekeeping employees “are supposed to let him know if any are broken,” and a Registered Nurse Manager said the window should “probably” not have been left open.

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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