• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
(914) 220-1086

Law Offices of Thomas L. Gallivan, PLLC

Just another WordPress site

  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
      • Car Accident Lawyers
      • Pedestrian Accident Lawyers
      • Slip & Fall Lawyers
      • Truck Accident Lawyers
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
    • Criminal Defense
    • Medical Malpractice
  • Blog
  • Resources
    • Videos
    • Notable Cases
  • Contact Us
  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
      • Car Accident Lawyers
      • Pedestrian Accident Lawyers
      • Slip & Fall Lawyers
      • Truck Accident Lawyers
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
    • Criminal Defense
    • Medical Malpractice
  • Blog
  • Resources
    • Videos
    • Notable Cases
  • Contact Us
Call
Contact
Blog
Home  /  Medication Errors  /  Buffalo Center for Rehabilitation and Nursing Cited for Abuse, Fined $10,000

Buffalo Center for Rehabilitation and Nursing Cited for Abuse, Fined $10,000

by Law Offices of Thomas L. Gallivan, PLLC 07 Jan2022

Buffalo Center for Rehabilitation and Nursing has received 118 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on December 31, 2021. The facility has additionally received four fines totaling $38,000 since 2008, the most recent being a $10,000 fine issued in July 2021. The Buffalo nursing home’s citations resulted from a total of 14 surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home failed to adequately protect residents from abuse and 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 July 2021 citation found that Buffalo Center for Rehabilitation and Nursing failed to ensure such. The citation specifically describes an incident in which a Certified Nursing Assistant entered a resident’s bathroom while the resident was in it, after which the resident “became agitated, an altercation ensued, and [the CNA] slammed the door causing the resident to fall to floor.” The resident was subsequently sent to the hospital and returned with conditions redacted by the citation. In a separate instance described by the citation, another resident was discovered on their floor of their room with bruising on their left eye and forehead. Although the resident had been assessed as at risk for falls, the citation states, there was no floor mat beside their bed as provided for by their care plan. The citation states that these deficiencies caused “actual harm.”

2. The nursing home did not take adequate measures to prevent accidents. Section 483.25 of the Federal Code stipulates that nursing homes must provide residents with adequate supervision to prevent accidents. A May 2021 citation found that Buffalo Center for Rehabilitation and Nursing failed to ensure such. The citation states specifically that the facility did not provide adequate supervision to prevent a resident from eloping the facility. The citation goes on to describe the resident’s elopement from the facility and subsequent discovery by staff members in the parking lot. According to the citation, “there were no care plan interventions implemented when the resident exhibited exit seeking behaviors.” A plan of correction undertaken by the facility included the use of a wander-guard device for the resident.

3. The nursing home did not adequately prevent the unnecessary use of psychotropic medications. Section 483.45 of the Federal Code stipulates that residents should not be administered psychotropic drugs unless they are necessary to treat a specific condition, and that residents who use them should receive gradual dose reductions and behavioral interventions in an effort to discontinue them. A July 2021 citation found that Buffalo Center for Rehabilitation and Nursing failed to ensure such. The citation specifically describes a resident on antipsychotic medications for whom there was a “lack of behavioral documentation to support the use of an antipsychotic medication prior to its initiation.”  The citation goes on to state that there was no evidence indicating the resident was a danger to themself or others. In an interview, the facility’s Director of Nursing said that “they would expect a week or two of behavior and mood tracking with non-pharmacologic interventions” before the use of antipsychotic medication. In a separate interview, the facility’s Attending Physician said “they would not expect the initiation of an antipsychotic medication to prevent an event from happening.” A plan of correction undertaken by the facility included a reevaluation of the resident and gradual dose reduction of the medication.

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.

Posted in: Medication Errors, Nursing Home Violations, Physical Abuse

Primary Sidebar

Get In Touch

Practice Areas

Personal Injury

  • Wrongful Death
  • Motor Vehicle Accidents
  • Trucking Accidents
  • Pedestrian Accidents
  • Construction Accidents
  • Scaffolding Accidents
  • Slip, Trip & Falls (Premises Liability)
  • Negligent Supervision at a School or Day Care
  • Sidewalk Falls
  • Elevator Accidents
  • Train and Subway Accidents

Nursing Home Neglect & Abuse

  • Bedsores (Pressure Ulcers)
  • Falls & Fractures
  • Malnutrition and Dehydration
  • Physical and Sexual Abuse
  • Wandering & Elopement
  • Unexplained Bruises and Cuts
  • Infection
  • Choking Incidents
  • Medication Errors
  • Group Homes
  • Assisted Living Facilities

Criminal/DWI Defense

  • DWI (Driving While Intoxicated)
  • Criminal Defense
  • Traffic Violations
  • DMV Refusal Hearings
  • Sex Crimes
  • Shoplifting & Larceny
  • Assault & Vehicular Assault
  • Drug Possession
  • Drug Sales
  • Weapons Charges
  • Domestic Violence
  • How is a DWI Defined in New York?
  • Is the Driver’s License Confiscated Immediately Upon a DWI Arrest?

Medical Malpractice

  • Failure to Diagnose Cancer
  • Birth Injuries (Gynecological, Obstetrical)
  • Medication Errors
  • Surgical Errors
  • Gastric Bypass Surgery Errors
  • Emergency Room Errors
  • Failure to Diagnose Heart Attack or Stroke
  • Cerebral Palsy
  • Erbs Palsy Birth Injury

Trusts + Estates

  • Wills & Trusts
  • Divorce, Child Support, Custody Issues
  • Elder Law
  • Estate Planning
  • Guardianships
  • Medicaid-Planning
  • Power of Attorney / Health Care Proxy
  • Probate and Estate Administration
  • Surrogate Court Litigation
  • Real Estate
  • Business Formation
  • Wills
  • Will Contests

View All Practice Areas

View All Blogs

CLIENT TESTIMONIALS

" Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. "

Melanie

" Attorney Thomas Gallivan is a wonderful attorney!! I particularly liked his professionalism, consistency, always kept us updated on the case, and available upon request. He worked extremely hard and was persistent on getting the best settlement in a timely matter. I truly appreciated his prompt responsiveness to emails and phone calls. The office staff was very pleasant and made sure to get messages to him asap. Glad we chose this law firm, would highly recommend and in the event that we ever need an attorney again, Gallivan & Gallivan would be my primary choice. "

Katherine R.

" I was a passenger on a motorcycle and ended up falling off the back of the bike due to the driver acting like an idiot. I fell off at a high rate of speed and was very banged up. Fractured wrist and road rash down my back and elbows. I am lucky I didnt die. Not knowing what to do I contacted Thomas and he could not have been anymore helpful!! He went out of his way to meet with me. He actually came to my house for the initial consultation. I know nothing about law or what my options even were. He took me through everything step by step. "

Colin W.

View All Testimonials

245 Main St Suite 450 White Plains, NY 10601

Phone:
(914) 220-1086

Fax:
(516) 394-4229

555 5th Ave 14th Floor
New York, NY 10017

Toll Free:
(855) 228-7369

(By Appointment Only)

1370 RXR Plaza
Uniondale, NY 11556

Phone:
(914) 594-6820

Fax:
(516) 394-4229

12 1st St
Riverhead, NY 11901

Phone:
(914) 825-5855

Fax:
(516) 394-4229

Footer

  • Home
  • About
  • Practice Areas
  • Blog
  • Resources
  • Contact Us

ATTORNEY ADVERTISING

Copyright © 2022, Law Offices of Thomas L. Gallivan, PLLC