Father Baker Manor experienced 62 deaths from Covid-19 as of May 31, 2020, per state records. The nursing home also received 20 citations for violations of public health code between 2016 and 2020, according to health records accessed on June 1, 2020. The Orchard Park nursing home’s citations resulted from a total of six surveys by state inspectors. The violations they describe include the following:
1. The nursing home did not take adequate measures to prevent infection. Section 483.80 of the Federal Code stipulates that nursing homes must establish infection prevention and control programs designed to prevent the transmission of communicable diseases and infections. An August 2017 citation found that Father Baker Manor failed to do so. The citation states specifically that four of t he resident’s four nursing units did not use a manufacturer-approved cleansing agent before or after using shared blood glucose meters. Four residents were affected by this deficiency. The citation goes on to state that another resident “had issues with the lack of glove use and proper hand hygiene” after a Certified Nursing Assistant handled their foley bag. The citation states that these deficiencies had the “potential to cause more than minimal harm.” A plan of correction undertaken by the facility included the re-cleaning of the blood glucose meters with the proper cleansing agent, and the re-education of the CNA in question regarding the proper use of gloves and hand-washing.
2. The nursing home did not take adequate measures to prevent neglect. Section 483.12 of the Federal Code stipulates that nursing home residents have the right to freedom from abuse and neglect. A November 2019 citation found that Father Baker Manor did not ensure such for two residents. The citation states specifically that one of the residents was administered insulin from another resident’s personal insulin pen by a Registered Nurse, in contravention of facility policy and manufacturer instructions. The citation goes on to state that the second resident’s insulin pen was breached and that the insulin was removed by the Registered Nurse “without his consent.” A plan of correction undertaken by the facility included the re-education of facility staff regarding insulin policy.
3. The nursing home did not adequately prevent accidents. Section 483.25 of the Federal Code stipulates that nursing home facilities must remain as free of accident hazards as possible and provide residents with adequate supervision and assistance devices to prevent accidents. An October 2016 citation found that Father Baker Manor did not provide adequate supervision or assistive devices to prevent accidents. The citation states specifically that a resident was “left outside on a covered patio without supervision or a means to communicate with facility staff.” The citation states that the resident was left outside from 1:30pm to 5:15pm on the day in question, and that the temperature outside was 87 degrees. A plan of correction undertaken by the facility included the monitoring of the resident for 24 hours and the discharge of a nurse and a nursing aide.
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.
