Forest View Center for Rehabilitation and Nursing Cited over Medication Errors

Forest View Center for Rehabilitation and Nursing Cited received 20 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 Forest Hills nursing home’s citations resulted from a total of three inspections by state authorities. The deficiencies they describe include the following:

1. The nursing home did not keep residents free from significant medication errors. Under Section 483.45 of the Federal Code, nursing home residents have a right to be “free of any significant medication errors” in their drug regimens. An August 2016 citation found that the nursing home failed to comply with this section in an instance in which a resident was administered an unidentified antipsychotic medication after it was ordered to be discontinued and replaced with another medication; instead, the resident was administered both. In an interview, the facility’s Medical Director stated that the resident “should not have been receiving two antipsychotic medications daily.”

2. The nursing home did not employ adequate measures to investigate allegations of misconduct. Section 483.13 of the Federal Code states that nursing home facilities must thoroughly investigate resident incidents to rule out mistreatment, neglect, or abuse. An August 2016 citation found that the nursing home failed to complete a thorough investigation when one of its residents was discovered with an unspecified medical condition. The citation describes a Certified Nursing Assistant observing the resident, during care, with a “flaccid” left foot that was “painful to touch” and “had limitation of movements and a bluish discoloration of the left groin with shortening and external rotation of the left foot.” The resident was subsequently transferred to a local hospital for examination. According to the citation, the facility’s investigation included statements from Certified Nursing Assistants, but the facility’s Director of Nursing told an inspector that “additional statements and more in depth information should have been obtained.”

3. The nursing home did not ensure residents’ drug regimens maintained free from unnecessary psychotropic medications. Under Section 483.45 of the Federal Code, nursing home residents have a right to be free from the unnecessary use of any medications that affect “brain activities associated with mental processes and behavior.” A July 2019 citation found that Forest View Center for Rehabilitation and Nursing did not keep residents free from such. The citation specifically found that two residents were prescribed an antipsychotic medication “with no proper documentation of behavioral symptoms, without periodic re-evaluation for the clinical indication for the use of the antipsychotic medication, and without attempt for Gradual Dose Reduction.” The citation states that this deficiency had the “potential to cause more than minimal harm.”

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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