Pelham Parkway Nursing Care Cited for Sexual Abuse

Pelham Parkway Nursing Care and Rehabilitation Facility received 25 citations for violations of public health laws between 2017 and 2021, according to New York State Department of Health records accessed on March 26, 2021. The Bronx nursing home’s citations resulted from a total of five inspections by state surveyors. The deficiencies they describe include the following:

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The New York Department of Health also cited the Bronx nursing home for failing to supervise a resident who left the facility undetected.

1. The nursing home did not adequately protect residents from sexual abuse. Section 483.12 of the Federal Code grants nursing home residents “the right to be free from abuse.” A December 2019 citation found that Pelham Parkway Nursing Care failed to ensure such. The citation states specifically that when “multiple facility staff suspected” that a resident “was sexually abusing his roommate… and reported it to the supervisors,” the supervisors in question failed to investigate the allegation or report it to the nursing home’s Director of Nursing. As such, the resident and his roommate “were not separated and continued to be roommates.” Records showed that in an interview, the resident “stated that he had performed an inappropriate sex act” and that “it was only once that he forced himself and sexually assaulted” his roommate, after which the two residents remained “in the same room for months.” The citation states that the Unit Supervisor told the resident “it was inappropriate to touch another resident without consent” but did not separate the residents or inform the Director of Nursing, believing the facility’s night supervisor “would do something about the allegation,” although he “did not discuss the incident with the night supervisor.” A plan of correction taken by the facility included the separation of the residents and the in-servicing of staff.

2. The nursing home did not take adequate steps to prevent infection. Section 483.80 of the Federal Code requires nursing homes to establish and maintain an infection prevention and control program. A February 2020 citation found that Pelham Parkway Nursing Care failed to ensure such. The citation states specifically that in one instance, staff, residents, an escort, and a visitor “were observed opening the clean linen curtain and taking clean linens such as towels, gowns, blankets, and bed sheets with unwashed bare hands.” In another instance, the citation states, a resident’s nebulizer mask “was observed touching the table without a plastic barrier on several occasions.” A plan of correction taken by the facility included the replacement of the linens and the nebulizer mask.

3. The nursing home did not take adequate accident-prevention measures. Section 483.25 of the Federal Code requires that nursing home residents receive “adequate supervision and assistance devices to prevent accidents.” A July 2017 citation found that Pelham Parkway Nursing Care failed to ensure such. The citation states specifically that a resident’s whereabouts were “not determined for a period of 2 hours when he was on 30 minute checks.” As such, the resident was able to elope from the facility without the awareness of its staff. The citation goes on to state that the resident “exited the facility unnoticed through the main entrance” after the receptionist “unlocked the front door while speaking to someone else.” In an interview, the receptionist said she had previously been informed that the resident was considered at high risk for elopement, but that he “didn’t look at her face so she thought he was a family member and she unlocked the door and let him leave the facility.” He was later found at a local hospital. A plan of correction undertaken by the facility included the suspension and later termination of the receptionist.

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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