Our Lady of Consolation Nursing and Rehabilitative Care Center: 39 Covid-19 Deaths

Our Lady of Consolation Nursing and Rehabilitative Care Center suffered 39 deaths from Covid-19 as of May 31, 2020, per state records. The nursing home also received 31 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on June 1, 2020. The West Islip nursing home’s citations resulted from a total of four surveys by state inspectors. The violations they describe include the following:

1. The nursing home did not take adequate measures to prevent infection. Section 483.80 of the Federal Code requires that nursing homes establish and maintain infection prevention and control programs. A September 2019 citation found that Our Lady of Consolation Nursing and Rehabilitative Care Center did not ensure the maintenance of such a program. The citation states specifically that during a resident’s bedsores / pressure ulcer dressing change, “it was observed that the sacral wound was contaminated,” and when the wound “came in contact with the diaper and chuck” after the nurse cleansed it, she did not perform another cleansing, in contravention of wound care procedures. In an interview, the nurse said that “she should have re-cleansed the sacral wound before proceeding with the treatment.”

2. The nursing home did not ensure residents or their representative were properly educated about the benefits of pneumococcal vaccinations. Section 483.25 of the Federal Code requires nursing homes to establish policies and procedures that ensure residents are not only offered immunizations for flu and pneumococcal, but that they or their representatives are provided prior education regarding the vaccines’ benefits and side effects. A November 2016 citation found that Our Lady of Consolation Nursing and Rehabilitative Care Center did not provide such for one resident. The citation states specifically that there was no evidence in the resident’s medical record that they or their representative were provided such education, and further that the vaccine was not administered to the resident, but there was no documentation of why it was not. A plan of correction undertaken by the facility included the education of the resident about the vaccine.

3. The nursing home did not ensure the provision of services by qualified persons per residents’ care plans. Section 483.20 of the Federal Code stipulates that nursing homes must provide or arrange services “by qualified persons in accordance with each resident’s plan of care.” A November 2016 citation found that Our Lady of Consolation Nursing and Rehabilitative Care Center did not ensure such for one resident. The citation states specifically that a Registered Nurse applied a pain-relieving patch on the resident’s right torso, although the resident’s order provided for the patch to be applied to the resident’s lower back. A plan of correction undertaken by the facility included the counseling of the nurse in question.

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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