Menorah Home & Hospital for Aged & Infirm: 48 Presumed Covid-19 Deaths

Menorah Home & Hospital for Aged & Infirm suffered 15 confirmed COVID-19 and 48 presumed COVID-19 deaths as of November 23, 2020, according to state records. The nursing home has also received nine citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on November 24, 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 residents from accident hazards. Section 483.25 of the Federal Code stipulates that nursing homes must ensure residents an environment as free as possible from accident hazards, and ensure that every resident receives supervision to prevent accidents. A March 2018 citation found that Menorah Home & Hospital for Aged & Infirm failed to ensure such. The citation states specifically that despite documentation for a resident to receive assistance from two persons and a mechanical lift for transfers, a Certified Nursing Assistant used a mechanical lift by herself to provide personal hygiene to the resident, resulting in the resident “sliding down and kneeling on the foot rest of the lift” and sustaining an injury to their tibia. In an interview, the CNA said that although the resident did not have “visible injuries to her legs,” she “did complain of pain.” In a separate interview, the facility’s Director of Nursing said “she believed it was poor judgment” that led to the CNA deciding to perform the care with the left on her own, without the assistance of a second person. A plan of correction undertaken by the facility included the in-servicing of nursing staff on the use of mechanical lifts.

2. The nursing home did not ensure residents’ were free from physical restraints. Section 483.10 of the Federal Code provides nursing home residents the right “to be free from any physical or chemical restraints imposed for purposes of discipline or convenience, and not required to treat the resident’s medical symptoms.” A November 2019 citation found that Menorah Home & Hospital for Aged & Infirm did not ensure such for one resident. The citation states specifically that “a resident was observed sitting on a wheel chair with a chair alarm attached to the back of the resident’s clothes.” The resident in question complained to an inspector that this alarm restricted her motion. According to the citation, the resident’s records contained no documentation for the use of the chair alarm. In an interview, the facility’s Medical Director stated that the chair alarm is not considered a physical restraint but a nursing intervention, and as such does not require physician’s orders. A plan of correction undertaken by the facility included the revision its Physical Restraint policy.

3. The nursing home did not properly conduct fire drills. Under Life Safety Code Section 101,  nursing homes must complete fire drills “at expected and unexpected times under varying conditions.” A November 2016 citation found that Menorah Home & Hospital for Aged & Infirm did not ensure such. The citation states specifically that the facility’s daytime shift did not complete fire drills “at unexpected times under varying conditions.” A plan of correction undertaken by the facility included the scheduling of fire drills at unexpected times.

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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