• 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
    • 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
    • Nursing Home Abuse
    • Criminal Defense
    • Medical Malpractice
  • Blog
  • Resources
    • Videos
    • Notable Cases
  • Contact Us
Call
Contact
Blog
Home  /  Elder Population Studies  /  Dumont Center for Rehabilitation and Nursing Care Cited for Failing to Meet Standards

Dumont Center for Rehabilitation and Nursing Care Cited for Failing to Meet Standards

by Law Offices of Thomas L. Gallivan, PLLC 19 Jan2018

The Dumont Center for Rehabilitation and Nursing Care has received 65 total citations over the four-year period between November 2013 and October 2017, according to the New York State Department of Health. With 65 citations, the nursing home and assisted living facility in Westchester County has almost twice the number of citations for the average nursing home in New York, which stands at 34 for the same time period. Perhaps more ominously, though, five of these citations were “related to actual harm or immediate jeopardy” – up from the average nursing home, which only had one of these kinds of citations.

Here are some of Dumont Center for Rehabilitation and Nursing Care’s most serious violations:

  1. Failure to provide care and services for residents to maintain the highest well-being possible. Per Section 483.25 of the Federal Code, each resident is legally entitled to receive the care and services necessary to “attain or maintain the highest practicable physical, mental, and psychosocial well-being.” The New York State Department of Health said that Dumont Center failed to meet this standard because it did not have “effective policies and procedures” to make sure all of the staff knew Cardio-Pulmonary Resuscitation, or CPR. Sadly, the government agency found that a resident who was found unresponsive was not treated with CPR by two nurses because they did not know how to perform CPR. The nursing home lacked documentation on the incident and failed to ensure that at least some of the nurses on staff that night were CPR-trained. The New York Department of Health not only ranked this as the “most severe” kind of citation but also described the problem of sub-standard care at the Westchester assisted living facility as “systematic and severe.”
  1. Failure to provide medically-related social services to maintain the highest well-being possible. Per Section 15(g) of the Federal Code, each resident is entitled to medically-related social services. In this specific instance, the assisted living facility and nursing home violated this regulation when the social workers “lacked care planning, proper identification, [and] discussion and coordination of Advanced Directives for its residents.” Similar to the previous citation, Dumont Center’s violation of this regulation resulted in harm to a resident who was not administered CPR in a timely manner. Further, there were apparently multiple residents who never received or who did not have updated Advanced Care Directives – which typically include directions on how the elderly patient wants to proceed with regards to his or her wishes on Do Not Resuscitate and Life-Sustaining Treatment, along with other Advanced Directives. Also, similar to the previous citation, the New York State Department of Health described Dumont Center’s treatment of its residents as a “systematic… substandard quality of care.”
  2. Violation of the Elderly Resident’s Right to Refuse Medical Treatment, Formulate Advance Directives. Per Section 483.10(b)(4) of the Federal Code, each resident has the right to “refuse treatment, to refuse to participate in experimental research, and to formulate an advanced directive.” By not making sure that each patient had Advanced Directives completed (and routinely updated), Dumont Center violated this regulation. After randomly checking 50 residents at the facility, the New York State Department of Health found that five of the residents did not have full Advanced Directives in effect. In some cases, the facility had not properly discussed or documented the Advanced Directive of these residents. However, the problem was more widespread – the facility did not have a system to “routinely check wristbands, the DNR list, and failed to ensure that staff were educated on facility policies” related to Advanced Directives.

Source:

https://profiles.health.ny.gov/nursing_home/view/150788#inspections

Posted in: Elder Population Studies, 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