Terence Cardinal Cooke Health Care Center Cited for Fall, Abuse

Terence Cardinal Cooke Health Care Center received 34 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on February 13, 2020. The facility has also been the subject of a 2011 fine of $2,000 in connection to findings during a 2010 inspection that it violated health code provisions regarding quality of care. The Manhattan nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not ensure residents an environment free of accident hazards. Under Section 483.25 of the Federal Code, nursing homes must provide residents an environment as free as possible from accident hazards, and which also has adequate staff supervision to prevent accidents. A February 2018 citation found that Terence Cardinal Cooke Health Care Center did not provide one resident with necessary supervision to prevent an accident. The citation notes that the resident had been identified as at high risk for fall and injury, and that her comprehensive care plan documented that staff would monitor the resident directly when the resident was at the nursing station. In spite of this, according to the citation, the resident sustained a fall and injury at the nursing station. A Licensed Practical Nurse stated in an interview that she had not assigned anyone to monitor the resident, and that none of the six Certified Nursing Assistants on the unit witnessed the fall. In an interview, the facility’s Director of Nursing stated of the resident’s care plan documentation for monitoring while at the  nursing statement, “it has a greater chance that staff will see the resident more often, and does not mean that the resident must be on Line of Sight.”

2. The nursing home did not take proper steps to ensure the investigation and reporting of alleged abuse. Under Section 483.13 of the Federal Code, nursing homes must thoroughly investigate incidents of alleged misconduct to rule out mistreatment, neglect, or abuse, and report alleged violations to relevant authorities. An August 2016 citation found that Terence Cardinal Cooke Health Care Center did not ensure that allegations of resident-to-resident abuse were reported to law enforcement. The citation states specifically that two residents were involved in an altercation in which one “sustained multiple injuries”; and that two other residents were involved in another altercation in which one of them sustained “multiple injuries to his face.” According to the citation, “The facility did not report these two incidents that had resulted in injury to law enforcement.” In an interview, the facility’s Chief Nursing Officer stated that the incidents were not reported because the residents in question “did not wish police involvement,” and the facility’s Administrator said, “the resident to resident incidents were not reported to law enforcement as the staff handled and controlled the situation.”

3. The nursing home did not ensure the maintenance of an adequate pest control program. Under Section 483.70 of the Federal Code, nursing homes are required to “maintain an effective pest control program so that the facility is free of pests.” A November 2016 citation found that Terence Cardinal Cooke Health Care Center was not free of pests. The citation states specifically that an inspector observed “roaches… in a closet in a dining room.” The citation goes on to state that the storage closet “had the floor soiled with a beige substance and dead roaches,” with live roaches crawling on the door. In an interview, the facility’s Director of Engineering told an inspector that “the housekeeping department will be notified immediately about this finding.”

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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