New York Nursing Home Abuse Lawyer Blog
Ozanam Hall of Queens received 16 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on December 19, 2019. The facility was also the subject of a 2018 fine of $2,000 in connection to unspecified findings in a January 2018 survey. The Bayside nursing home’s citations resulted from a total of four inspections by state authorities. The violations they describe include the following:
1. The nursing home did not employ adequate measures to prevent misconduct after a resident alleged abuse by a staffer. Section 483.12 of the Federal Code states that while nursing home facilities investigate allegations of abuse, they must prevent further potential abuse. A January 2018 citation found that Ozanam Hall of Queens failed to do so after a resident made an abuse allegation against a Licensed Practical Nurse. The citation specifically found that the nursing home did not remove the nurse in question from providing care to the resident after the resident reported to a family member that “the staff member roused her from her sleep by grabbing her in the abdominal area without warning.” In response to the “intense pain” she felt from this, the resident stated, she “tried to ward off” the staffer’s hands, and the staffer “slapped her face repeatedly with a pillow and pinched her left upper arm.” In an interview, the facility’s Director of Nursing told an inspector that the facility’s Registered Nurse supervisor “felt she was protecting the resident by not allowing the LPN to enter the resident’s room unsupervised,” and was not aware she could send the Licensed Practical Nurse home. The LPN in question ultimately resigned.
2. The nursing home facility did not adequately supervise residents to prevent accidents. Under Section 483.25 of the Federal Code, nursing homes are required to provide residents with “adequate supervision and assistance devices to prevent accidents.” A January 2018 citation found that Ozanam Hall of Queens did not adequately supervise residents in an instance in which a Certified Nursing Assistant “did not follow the resident’s plan of care when assisting the resident in transferring from bed to wheel chair.” The resident consequently fell from their bed and sustained a laceration on their face. The citation states that this deficiency resulted in “actual harm” to a resident, and the Certified Nursing Assistant in question was subsequently terminated from the nursing home.
3. The nursing home did not meet food safety standards. Section 483.60 of the Federal Code requires that nursing homes “procure food from sources approved or considered satisfactory by federal, state or local authorities” and ensure the professional storage and service of that food. A January 2018 citation found that Ozanam Hall of Queens did not meet professional standards for food service in an instance in which “cold foods stored on the unit were not served at appropriate temperatures.” A state inspector specifically observed applesauce served at 53 degrees Fahrenheit and chocolate pudding served at 55 degrees. In an interview, the facility’s Assistant Director of Food service stated that the appropriate temperature for chocolate pudding was 40 degrees or below.
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.