Westhampton Care Center Cited for Neglect

Westhampton Care Center received 18 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on April 24, 2020. The facility has also received a 2019 fine of $10,000 in connection to findings in a 2018 inspection that it violated unspecified health code provisions. The Westhampton nursing home’s citations resulted from a total of four surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not protect residents from neglect. Section 483.12 of the Federal Code ensures provides nursing home residents the right to freedom from abuse and neglect. A September 2018 citation found that Westhampton Care Center did not ensure such for one resident. The citation states specifically that the resident required the use of a mechanical lift device for transfers between surfaces. However, on one instance, two Certified Nursing Assistants transferred the residents without the use of the lift, and the resident subsequently “fell to her knees.” The CNAs did not report the incident to authorities, according to the citation, nor the resident’s “complaint of pain.” Afterward, the resident was transferred to a local hospital. A plan of correction undertaken by the facility included the suspension pending investigation of both CNAs.

2. The nursing home did not adequately prevent the administration of psychotropic drugs. Section 483.45 of the Federal Code states that residents who have not used psychotropic drugs should not be given them unless medically necessary, and that residents who use them should receive gradual dose reductions and other behavioral interventions, where possible, in an effort to discontinue their use. A September 2019 citation found that Westhampton Care Center did not ensure such for one resident. The citation states specifically that the resident was administered an antipsychotic medication, although a review of their medical record showed no documented attempt at a gradual dose reduction. A plan of correction undertaken by the facility included the in-servicing of the physician who did not conduct a gradual dose reduction.

3. The nursing home did not follow food safety standards. Section 483.60 of the Federal Code stipulates that nursing homes must store and prepare food in accordance with professional safety standards. An April 2018 citation found that Westhampton Care Center did not adequately maintain sanitary conditions in its kitchen. An inspector specifically observed a slicer that was soiled with food and needed to be cleaned, and a milk crate containing milk containers that was “stored directly on the dirty floor of the walk-in refrigerator.” In an interview, the facility’s Food Service Director stated that the slicer should have been cleaned the previous night, and that the crate should not have been placed on the floor.

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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