Henry J. Carter Skilled Nursing Facility Cited for Accident

Henry J. Carter Skilled Nursing Facility received 8 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on February 6, 2020. The facility has also been the subject of a 2016 fine of $12,000 in connection to findings during a 2012 inspection that it violated health code provisions regarding accidents and administration. The Manhattan 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 an accident-free environment. Under Section 483.25 of the Federal Code, nursing homes are required to provide residents with an environment “as free from accident hazards as is possible.” A December 2018 citation found that Henry J. Carter Skilled Nursing Facility did not ensure one resident was protected from accidents. The citation states specifically that while the resident, “who was in a persistent vegetative state” and required two persons’ assistance for bed mobility, was being turned by one Certified Nursing Assistant without assistance, her head struck the bed’s siderail. The citation states that the resident “sustained laceration, bleeding, swollenness, and bruising to her forehead.” According to the citation, the CNA in question was not disciplined by the facility or provided with education, nor removed from the resident’s unit. The citation states that this deficiency had the “potential to cause more than minimal harm.

2. The nursing home did not adequately ensure the thorough investigation of allegations of misconduct. Under Section 483.12 of the Federal Code, nursing home facilities are required to investigate, and provide evidence of the investigations thereof, any allegations of abuse, neglect, or mistreatment. A December 2018 citation found that Henry J. Carter Skilled Nursing Facility did not ensure the thorough investigation of an incident in which a resident “was observed on the floor in her room face down at the bedside with bleeding and laceration to her chin.” The citation states that while the resident was transferred to the hospital, the nursing home did not seek an “interview or written statement” from the Certified Nursing Assistant who found the resident in that state, and thus did not rule out the possibility of abuse, neglect, or mistreatment. The citation describes this deficiency as having “potential to cause more than minimal harm.”

3. The nursing home did not ensure residents were provided with a clean environment. Section 483.10 of the Federal Code stipulates that nursing home residents have a right to a safe, clean, comfortable, and homelike environment. An April 2019 citation found that Henry J. Carter Skilled Nursing Facility did not ensure residents were provided a clean and comfortable setting. An inspector specifically observed “stains on a resident’s wall located behind the bed and debris on the floor in a resident’s room.” The stains included beige and cream-colored drip marks, according to the citation, while the debris included “Christmas tree needles.” A plan of correction undertaken by the facility included the cleaning of the pine needles and addressing of the wall splatter. 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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