Midway Nursing Home in Queens Cited for Abuse

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The Queens nursing home has received 15 citations since 2017, including one for abuse and one for failing to provide a clean enough environment.

Midway Nursing Home received 15 citations for violations of public health laws between 2017 and 2021, according to New York State Department of Health records accessed on July 2, 2021. The Maspeth nursing home’s citations resulted from a total of four inspections by state surveyors. The violations they describe include the following:

1. The nursing home did not adequately protect residents from abuse. Under Section 483.12 of the Federal Code guarantees nursing home residents “the right to be free from abuse.” A May 2021 citation found that Midway Nursing Home failed to ensure such. The citation states specifically that the facility did not ensure a resident was kept free from verbal abuse, nor that verbal abuse was immediately reported. The citation goes on to describe an incident in which “a nurse verbally and mentally abused” a resident. According to the citation, staff who witnessed the incident “did not immediately report the incident to the Director of Nursing or Nursing Supervisor,” and the resident later reported experiencing “heightened anger and stress” following the incident of verbal abuse. A plan of correction undertaken by the facility included the separation of the resident and the nurse, who was later terminated following an investigation. The staffer who witnessed the incident was provided a disciplinary action and re-education.

2. The nursing home did not adequately maintain food safety standards. Section 483.60 of the Federal Code requires that nursing homes “store, prepare, distribute and serve food in accordance with professional standards for food service safety.”  A January 2019 citation found that Midway Nursing Home failed to ensure such. The citation states specifically that the facility “did not ensure that food were stored and served under the appropriate temperatures to prevent foodborne illness.” It goes on to describe a number of cold food items that “were not held and served at 41 degrees Fahrenheit or lower,” such as diced pears recorded at 56 degrees, a tuna sandwich recorded at 48 degree, diced pineapples recorded at 50 degrees, and tuna salad recorded at 50 degrees. In an interview, the nursing home’s cook said that “cold food items should be maintained and served at a temperature of 38 degrees Fahrenheit,” and the facility’s Dietary Supervisor said that “if temperatures are not within range for cold food items, the item must be placed back in the refrigerator and put on ice.” A plan of correction undertaken by the facility included the in-servicing of dietary staff.

3. The nursing home did not adequately provide residents with a safe, sanitary, and comfortable environment. Section 483.10 of the Federal Code stipulates that nursing home residents have the right “to a safe, clean, comfortable and homelike environment, including but not limited to receiving treatment and supports for daily living safely.” A January 2019 citation found that Midway Nursing Home failed to ensure such. The citation states specifically that the facility was observed with “soiled equipment including feeding pumps, soiled floor mats and floors in resident areas.”  It goes on to describe a lobby area observed with “missing end caps to wall borders” and torn wall paper; soiled tube feeding pump machines; stained privacy curtains; a soiled clothing hamper; and chairs “with black substance” on them. A plan of correction undertaken by the facility included the removal and cleaning of certain items.

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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