• 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
      • New York Truck Accident Lawyers
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
      • Bedsores and Pressure Ulcers
      • Bruises and Cuts
      • Elopement
      • Falls & Broken Bones
      • Group Home Abuse
      • Infections
      • Malnutrition
      • Physical 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
      • New York Truck Accident Lawyers
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
      • Bedsores and Pressure Ulcers
      • Bruises and Cuts
      • Elopement
      • Falls & Broken Bones
      • Group Home Abuse
      • Infections
      • Malnutrition
      • Physical Abuse
    • Criminal Defense
    • Medical Malpractice
  • Blog
  • Resources
    • Videos
    • Notable Cases
  • Contact Us
Call
Contact
Blog
Home  /  Neglect  /  Coler Rehabilitation and Nursing Care Center Cited for Physical Restraints

Coler Rehabilitation and Nursing Care Center Cited for Physical Restraints

by Law Offices of Thomas L. Gallivan, PLLC 23 Aug2020

Coler Rehabilitation and Nursing Care Center received 30 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on January 31, 2020. 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 protect residents’ right to be free from the use of physical restraints. Section 483.10 of the Federal Code provides nursing home residents the right “to be free from any physical or chemical restraints imposed for purposes of discipline or convenience, and not required to treat the resident’s medical symptoms.” A November 2019 citation found that Coler Rehabilitation and Nursing Center did not ensure that when a resident was indicated for the use of restraints, they were provided with ongoing reevaluation for the need of such. The citation specifically describes a resident whose “bilateral hand mitten did not receive ongoing re-evaluation of the need for restraints.” In an interview, a Registered Nurse told an inspector that the mittens “were not considered as a restraint but as a protective device,” that they were “documented incorrectly” on the resident’s assessment, and that the staff “did not do a meeting together to discuss why we are using the mitten for this resident.” The citation states that the facility reviewed its definition of restraints and began looking at mittens as such.

2. The nursing home did not adequately maintain a safe and sanitary environment. Under Section 483.10 of the Federal Code, nursing home residents have a right to a safe, clean, comfortable, and homelike environment. A November 2019 citation found that Coler Rehabilitation and Nursing Care Center failed to ensure residents were provided with a safe, sanitary environment. An inspector specifically observed that a “wheelchair platform was… heavily soiled and dirty with chipped paint in places.” The citation goes on to state that the inspector observed a resident seated in a wheelchair that was placed on a wheelchair platform whose sides and base had “dust, dried on cream/brown colored substances caked and chipped paint chips [sic] in places.” The citation states the platform was observed in such condition on multiple instances. In an interview, the facility’s director said “We missed it and we will clean it right now and engineering will re-paint it.”

3. The nursing home did not ensure the proper storage and labeling drugs and biologicals. Under Section 483.45 of the Federal Code, nursing homes must label drugs and biologicals “in accordance with currently accepted professional principles, and include the appropriate accessory and cautionary instructions, and the expiration date.” A February 2018 citation found that Coler Rehabilitation and Nursing Care Center neglected to ensure the appropriate storage of medical supplies that contained biologicals. The citation specifically notes that an inspector observed two FLOQ swabs, one microtest tube, two Para-Paks, and 14 Star Swabs that were expired. In an interview, the facility’s Director of Nursing and Assistant Administrator said that “they are currently in progress of changing their supply system.”  The citation states that this deficiency had the “potential to cause more than minimal harm.”

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: Neglect, Nursing Home Abuse, Nursing Home Violations

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