Dr. Susan Smith McKinney Nursing and Rehabilitation Center received 17 citations for violations of public health code between 2015 and 2019, according to New York State Department of Health records accessed on January 16, 2020. The facility also received a 2019 fine of $4,000 in connection to findings of multiple deficiencies observed in a February 11, 2019 survey. The Brooklyn nursing home’s citations resulted from a total of two surveys by state inspectors. The deficiencies they describe include the following:
1. The nursing home did not ensure residents’ freedom from abuse. Under Section 483.12 of the Federal Code, nursing home residents have the right “to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A February 2019 citation found that the nursing home did not ensure staff provided residents with services necessary to avoid “physical pain, mental anguish, or emotional distress.” The citation found specifically that one of the facility’s Certified Nursing Assistants tied a resident’s left hand to bed rails using a plastic bag, resulting in psychosocial harm for the resident, “who was totally dependent on staff for all care needs, an unable to call for assistance or help.” The citation also states that another CNA “rough handled” another resident while trying to provide care. A plan of correction undertaken by the facility included the removal of the CNAs in question.
2. The nursing home did not ensure residents’ right to freedom from physical restraints. Sections 483.10 and 483.12 of the Federal Code provides nursing home residents with the right to be “free from physical or chemical restraints imposed for purposes of discipline or convenience and that are not required to treat the resident’s medical symptoms.” A February 2019 citation found that facility staff unnecessarily used physical restraints to inhibit a resident’s freedom of movement. The citation specifically describes a Certified Nursing Assistant tying a resident’s hand to their bed rail with a plastic bag, stating later that “she restrained the resident because he became resistive as she tried to clean feces from his hand.” The citation notes that the resident had no orders to be restrained and that the CNA was allowed by the facility to continue providing the resident with care for two days following the incident. A plan of correction undertaken by the facility states that the CNA as well as a Registered Nurse who “did not report the incident to facility administrative staff” in a timely manner were both removed from the facility. The citation also notes that the incident resulted in “actual harm” to the resident in question.
3. The nursing home did not ensure adequate treatment and care of pressure ulcers. Section 483.25 of the Federal Code requires nursing homes to provide residents with necessary treatment and services to promote the healing of pressure ulcers that residents already suffer from, and to prevent the development of new pressure sores unless their condition renders such unavoidable. A February 2016 citation found that Dr. Susan Smith McKinney Nursing and Rehabilitation Center did not properly implement care for a resident identified as at risk of pressure sores, specifically finding that “the intervention of turning and positioning was not identified or implemented in a timely manner” for the resident. In an interview, a Registered nurse stated that after redness was observed on the resident’s skin, the resident should have been turned and positioned in accordance with the facility’s skin care procedures. A plan of correction undertaken by the facility included the counselling and in-servicing of the nurse who initiated the resident’s care plan, and the implementation of turning and positioning for the resident.
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.
