A woman has the Northern Manhattan Rehabilitation Center, a nursing home in New York City, over allegations it “failed to implement basic health guidelines” to protect its residents from the risk of coronavirus and Covid-19. A New York Post article published on May 25, 2019 reports that the woman’s father died of Covid-19 in the facility, which she alleges was due to “gross negligence and medical malpractice by the facility and its staff.” Her wrongful death lawsuit alleges that her father’s “gruesome and agonizing pain and suffering and death” was caused by the facility, which has experienced 12 confirmed coronavirus deaths as of May 25, according to state records.
The plaintiff alleged that facility workers contracted and were infected with Covid-19 while they were providing treatment and care of residents, and that the facility did not take adequate steps to protect residents. For instance, the woman alleged, Northern Manhattan Rehabilitation Center did not ban visitors until ‘on or about March 16,” a day after her father’s death. According to the Post, the plaintiff went on to allege that the home did not take such measures as separating residents, requiring social distancing and masking, ending group activities, ensuring adequate staffing, and screening everyone who entered the facility for the coronavirus. The facility denied the allegations to the Post.
According to records maintained by the New York Department of Health, Northern Manhattan Rehabilitation and Nursing Center has received 18 citations for violations of public health and safety code between May 2016 and April 2020. One 2017 citation found that the nursing home failed to comply with Section 483.80 of the Federal Code, which requires nursing homes to take adequate measures to prevent and control infection. The citation specifically describes a Certified Nursing Assistant who failed to conduct proper hand hygiene “after disposing of a plastic bag which contained a soiled incontinent brief and proceeding to handle a resident[‘]s water pitcher.” In an interview, the CNA acknowledged that she had been trained to immediately wash her hands after performing resident care and disposing of waste, so as to prevent the spread of infection. A plan of correction undertaken by the facility included the in-servicing and disciplining of the CNA.
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.