Our Lady of Consolation Nursing and Rehabilitative Care Center Cited for Abuse

Our Lady of Consolation Nursing and Rehabilitative Care Center received 36 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on April 9, 2020. The West Islip 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 prevent sexual abuse. Section 483.12 of the Federal Code provide nursing home residents “the right to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A December 2017 citation found that Our Lady of Consolation Nursing and Rehabilitative Care Center did not ensure that right for one resident. The citation states specifically that a Certified Nursing Assistant witnessed a resident “expose his penis and place” a female resident’s “right hand on his exposed genitalia.” The citation goes on to state that the resident’s records, although they documented past inappropriate behavior, “lacked addressing specific behaviors” for the resident “such as keeping [him] arm’s length away from the female residents.” A plan of correction undertaken by the facility included the resident’s discharge.

2. The nursing home did not adequately treat and care for pressure ulcers. Section 483.25 of the Federal Code stipulates that nursing home facilities “ensure that a resident who enters the facility without pressure sores does not develop pressure sores unless the individual’s clinical condition demonstrates that they were unavoidable; and a resident having pressure sores receives necessary treatment and services to promote healing, prevent infection and prevent new sores from developing.” A November 2016 citation found that Our Lady of Consolation Nursing and Rehabilitative Care Center did not ensure a resident’s pressure ulcer was assessed after it was identified, nor that a weekly measurement was initiated to monitor its progress. The citation states further that the nursing home did not ensure the review of a physician’s treatment order so as to guarantee the appropriate treatment of the pressure ulcer. In an interview, the facility’s Director of Nursing Services stated that the facility’s Registered Nurse Unit Manager should have initiated the Wound Assessment and Progress Record, and further that the physician who had cared for the resident had “since resigned.”

3. The nursing home did not comply with food safety standards. Section 483.35 of the Federal Code mandates the sanitary storage, preparation, distribution and service of food at nursing homes. A November 2016 citation found that Our Lady of Consolation Nursing and Rehabilitative Care Center did not ensure such. The citation states specifically that an inspector observed a “cleaned slicing machine” with dried food particles and “a residual grease-like substance” on it. The citation states further that an inspector observed a food service staffer who picked up a piece of foil from the facility’s floor “and without changing gloves continued to handle clean serving utensils and food serving containers.” A plan of correction undertaken by the facility included the cleaning of the machine in question and the counseling of relevant staff members.

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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