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The attorneys at the Law Offices of Thomas L. Gallivan, PLLC provide effective, aggressive representation to individuals injured in the New York area. Our priority is to maximize the recovery of our clients injured due to the neglect of others.

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Highland Rehabilitation and Nursing Center has received 26 citations since 2017 for being in violation of public health codes and for failing to properly take care of its residents.

Highland Rehabilitation and Nursing Center received 26 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on October 22, 2021. The Middletown nursing home’s citations resulted from a total of two surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not deliver adequate pressure ulcer care and prevention measures. Under Section 483.25 of the Federal Code, nursing homes must ensure residents receive necessary treatment and services to prevent the development of pressure ulcers unless they are medically unavoidable. A January 2020 citation found that Highland Rehabilitation and Nursing Center failed to ensure such. The citation states specifically that the nursing home failed to establish and perform interventions tailored to one resident’s particular circumstances to prevent the development of pressure ulcers. It goes on to state that in connection to a second resident, the nursing home failed to ensure the use of heel booties to promote the healing of pressure ulcers and prevention of further ulcers from developing. The citation states that these deficiencies, while isolated, had the “potential to cause more than minimal harm.” A plan of correction undertaken by the facility included the in-servicing of residents and the updating of the first resident’s care plan. 

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A recent report found that nursing homes are more like to diagnose black dementia patients as  schizophrenic in order to administer anti-psychotic medication without being in violation of any rules or regulations.

A September report by the New York Times investigated allegations that nursing homes are diagnosing dementia-suffering residents with schizophrenia as a way of circumventing regulations forbidding the administration of unnecessary antipsychotic medication. A new study published in the Journal of the American Geriatrics Society determined that these “questionable” diagnoses disproportionately affect Black nursing home residents, according to the Times. 

The study’s lead author, a researcher based at the University of Minnesota, told the Times that “Black Americans with dementia have been 1.7 times as likely as their white nursing home neighbors to be diagnosed with schizophrenia” since the implementation of a 2012 policy against unnecessary antipsychotic medication use that contained an exemption for schizophrenia patients. 

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Van Duyn Center for Rehabilitation and Nursing in Syracuse has received a total of 89 citations for being in violation of public health and safety codes and has been previously placed on a list that could make this nursing home one of the worst facilities.

Van Duyn Center for Rehabilitation and Nursing has received 89 citations for violations of public health and safety code between 2017 and 2021, according to New York State Department of Health records accessed on October 15, 2021. The Syracuse nursing home’s citations resulted from a total of 20 surveys by state inspectors. The most recent inspection—on June 18th, 2021—described the following deficiencies:

1. The nursing home did not adequately prevent accidents. Under Section 483.25 of the Federal Code, nursing homes must ensure residents receive an environment as free as possible of accident hazards. A June 2021 citation found that Van Duyn Center for Rehabilitation and Nursing failed to ensure such. The citation states specifically that the facility lacked a plan to evacuate a resident who weighed around 700 pounds and “was not mobile” from their room during an emergency. As the citation describes, the resident “required assistance with activities of daily living” and their care plan documented the need of a mechanical lift. In an interview, staff members said the resident’s bed would not fit through their room’s doorway and that they were “not trained in bariatric evacuation.” Both a certified nursing aide and a licensed practical nurse stated that they had not been trained in bariatric evacuation and were not sure how to evacuate the resident. In an interview, the facility’s Director of Nursing said they were not certain whether there was an evacuation plan for bariatric residents. A plan of correction undertaken by the facility included the development of an evacuation plan for the resident, the training of staff, and the purchase of necessary equipment.

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New York Governor Kathy Hochul shared her heartfelt apologies with families of the nursing home residents who died during the Covid-19 pandemic, stating how sorry she was for how things had been handled during these times and how there is talk of a compensation fund for these families if approved by the state legislature.

Last week New York Governor Kathy Hochul met with the children of nursing home residents who died during the Covid-19 pandemic and apologized for the state’s handling of the crisis, according to reports by local news outlets. In a press conference the next day, she reportedly said, “I apologized for the pain that those poor families had to endure.” Continue reading

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Van Duyn Center for Rehabilitation and Nursing in Syracuse has received a total of 89 citations and was placed on a list by the federal government after inspectors found serious issues that could name this nursing home one of the worst facilities in the country.

A “troubled” nursing home in Syracuse, New York has been placed on the federal government’s “special focus facilities list,” meaning it may end up named one of the worst-performing facilities in the country for a second time, according to a report by Syracuse.com. Continue reading

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The number of nursing home staff members has rapidly declined since the start of the Covid-19 pandemic and it is only getting worse, leading to neglected patients, budgeting cuts, and possible nursing home closures if this is not quickly rectified.

Plummeting staffing levels have devastated the nursing home industry, according to an Associated Press analysis which found that one-third of US facilities have “fewer nurses and aides than before the Covid-19 pandemic.” One expert described the stark decline in staffing levels as “appalling.” Continue reading

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During the Covid-19 pandemic nursing homes had as many as 40,000 deaths due to staff being overworked and neglecting many nursing home residents.

An Associated Press analysis of 15,000 nursing homes across the United States found that the Covid-19 pandemic may have resulted in as many as 40,000 excess deaths—that is, premature deaths from causes other than Covid-19. Experts suggested to the AP that nursing home residents may have died of neglect as overworked staffers tended to residents suffering from the disease. Continue reading

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A new plan in the New York state legislature would start a fund designated to compensating the relatives of the nursing home residents who lost their lives due to Covid-19 in care facilities.

A new proposal in the New York state legislature would establish a $4 billion compensation fund for the relatives of nursing home residents who died of Covid-19 in long-term care facilities during the pandemic. Sponsored by Assemblyman Ron Kim, a prominent critic of former Governor Andrew Cuomo’s administration’s treatment of nursing homes during the pandemic, the bill would give relatives of victims an opportunity to apply for compensation from the state, with applications considered by a board.

Continue reading

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Buffalo Community Healthcare Center has received four fines and over 80 citations in the last four years for failing to prevent accidents from occurring, for lacking proper care for pressure ulcers, and for failing to avert any medication errors.

Buffalo Community Healthcare Center has received 82 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on October 1, 2021. The facility has also received four fines totaling $26,000 since 2017. The Buffalo nursing home’s citations resulted from a total of 10 inspections by state surveyors. The deficiencies they describe include the following:

1. The nursing home did not take adequate steps to care for pressure ulcers. Section 483.25 of the Federal Code requires nursing homes to provide a consistent, professional level of care to prevent residents from developing avoidable pressure ulcers and to promote the healing of existing pressure ulcers. An April 2021 citation found that Buffalo Community Healthcare Center failed to ensure such. The citation states specifically that the nursing facility did not provide consistent weekly pressure ulcer assessments by a qualified person for one resident, and did not accurately document Treatment Administration Records. In an interview, a Registered Nurse said that the because the resident’s pressure ulcers were not treated as ordered or documented properly, the resident’s wounds “had the potential to get worse and because of the drainage, the wounds could get infected.” A plan of correction undertaken by the facility included the education of nursing staff.

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The Ellicott Center for Rehabilitation and Nursing has received over 70 citations in the last four years for failing to arrange proper accident prevention among patients, lacking sufficient care for pressure ulcers, and for failing to avert any medication errors.

Ellicott Center for Rehabilitation and Nursing has received 72 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on October 1, 2021. The facility has also received five fines totaling $40,000 since 2011. The Buffalo nursing home’s citations resulted from a total of 13 inspections by state surveyors. The deficiencies they describe include the following:

1. The nursing home did not provide adequate accident-prevention measures. Section 483.25 of the Federal Code requires nursing homes to ensure residents an accident-free environment. A February 2020 citation found that Ellicott Center for Rehabilitation and Nursing failed to ensure such. The citation specifically describes an instance in which the facility failed to ensure a shower chair lift fit through a shower room doorway. As a result, a resident “sustained a leg laceration, was transferred to the hospital and required 18 sutures.” In a separate incident, a resident was transferred without the use of a mechanical lift or safety devices as planned, and consequently suffered “actual harm” A plan of correction undertaken by the facility included the counseling of nursing staff.

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