The Eleanor Nursing Care Center: Accident, Infection Citations

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A health inspector found that one resident of the New York nursing home kept his smoking paraphernalia when outside the designated smoking area and outside of designated smoking times.

The Eleanor Nursing Care Center has received received 48 citations for violations of public health code between 2017 and 2021, according to health records accessed on March 12, 2021, as well as two fines totaling $12,000 between 2016 and 2017. The Hyde Park nursing home’s citations resulted from a total of seven surveys by state inspectors. The violations they describe include the following:

1. The nursing home did not implement adequate measures to prevent accidents. Under Section 483.25 of the Federal Code, nursing homes are required to provide residents with environments as free as possible of accident hazards. A September 2019 citation found that The Eleanor Nursing Care Center failed to ensure such. The citation state specifically that “no ashtrays were observed in the designated smoking area” on several occasions, that eleven residents were observed “flicking cigarette ashes to the ground,” and that one resident “maintained possession of his personal smoking paraphernalia when not in the designated smoking area at scheduled smoking times,” in contravention of facility policy. A plan of correction undertaken by the facility included the purchase of non-combustible ashtrays and the education of staff on “the importance of safe disposal of ashes in the ashtrays.”

2. The nursing home did not employ adequate infection-control measures. Section 483.80 of the Federal Code requires nursing homes to establish and maintain an infection prevention and control program that provides residents a safe, comfortable environment where the development and transmission of disease is mitigated. A September 2019 citation found that The Eleanor Nursing Care Center failed to ensure such. The citation states specifically that staffers did not perform proper hand hygiene while completing pressure ulcer wound care treatment for two residents. In one instance, a Licensed Practical Nurse was observed removing soiled dressing and donning new gloves without washing her hands before continuing treatment. In another instance, a Licensed Practical Nurse was observed doing the same. A plan of correction undertaken by the facility included the in-servicing of relevant staff members.

3. The nursing home did not employ adequate measures to prevent abuse. Section 483.12 of the Federal Code grants nursing home residents the right to freedom from abuse and neglect. An August 2019 citation found that The Eleanor Nursing Care Center failed to ensure such. The citation states specifically that there was insufficient evidence that when a resident was found with an injury, the nursing home “thoroughly investigated injuries of unknown origin to determine potential causes and to rule out abuse, neglect or mistreatment.” An inspector specifically found that the facility’s investigation did not have documentation that it conducted interviews with, or collected statements from, staff who had cared for the resident. The citation states further that the nursing home “did not report the incident” to the New York Department of Health. A plan of correction undertaken by the facility included the revision of its accident/incident investigation policy and the in-servicing of staff.

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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