Queen of Peace Residence Cited for Neglect

Queen of Peace Residence received 12 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on January 2, 2020. The Queens Village nursing home’s citations resulted from a total of four inspections by state surveyors. The deficiencies they describe include the following:

1. The nursing home did not adequately protect residents from neglect. Section 483.12 of the Federal Code ensures nursing home residents “the right to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A March 2018 citation found that Queen of Peace Residence failed to protect residents from neglect. An inspector specifically found that a resident was “left unattended for 1 1/2 hours on a commode which was located in the resident’s room in an area where the resident’s call bell was not within reach.” A Certified Nursing Assistant stated that on the morning in question, her responsibility was to “cover the floor,” ensure “all residents go to Mass in the Chapel,” and then stay in the facility’s TV room with residents not attending mass; the resident in question was suffering from a cold and staying in her room, according to the CNA, who said “her mistake was that she did not knock on the door to… see if she was in her room.” Another CNA—who had covered for the first CNA while she was on break—had not informed her “that she put the resident on her commode,” according to the citation, which noted that disciplinary actions were administered to the CNAs involved and that CNAs and nursing staff were subsequently educated.

2. The nursing home did not adequately implement its infection control practices. Section 483.80 of the Federal Code requires nursing homes to create and implement “an infection prevention and control program designed to provide a safe, sanitary and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.” A March 2018 citation found that Queen of Peace Residence did not ensure staff followed its infection control practices. An inspector specifically found that a Registered Nurse “used a contaminated glove to smear ointment on a resident’s wound” during one resident’s pressure ulcer care. In an interview, the RN acknowledged that she used the incorrect technique, stating that “it was wrong to apply the ointment on the resident’s buttocks after contamination of the glove” and that she had to improve her treatment technique.

3. The nursing home did not follow food sanitation practices. Section 483.35 of the Federal Code requires nursing home facilities to “store, prepare, distribute and serve food under sanitary conditions.” A November 2015 citation found that Queen of Peace Residence did not do so. An inspector specifically observed “several” expired food items in a dry storage area. The expired items included jars of lemon curd, liquid marble chocolate, peach filling, kernel paste, raspberry peach spread, apricot cookie filling, raspberry filling, apple filling, strawberry filling, and raspberry peach spread. A plan of correction provided for the discarding of the expired items and for a dietary staffer to “check food items monthly, log and sign that everything is in order.”

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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