Fieldston Lodge Care Center received 38 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on November 14, 2019. That figure is six greater than the statewide average of 32 citations. The Bronx nursing home’s citations resulted from a total of five inspections by state authorities. The violations they describe include the following:
1. The nursing home did not take adequate measures to prevent and control infection. Section 483.80 of the Federal Code stipulates that nursing home facilities “must establish and maintain an infection prevention and control program… to help prevent the development and transmission of communicable diseases and infections.” A July 2019 citation found that Fieldston Lodge Care Center failed to properly implement its disease prevention guidelines by neglecting to properly clean poles for hanging gastrostomy tube feeding, and by allowing oxygen tubing to run along the floor in spite of protocol requiring that it be maintained off the floor. A state inspector found that this lapse had the “potential to cause more than minimal harm.”
2. The nursing home did not meet food safety standards. Section 483.60 of the Federal Code stipulates that nursing homes must “procure food from sources approved or considered satisfactory by federal, state or local authorities” and ensure their storage in accordance with professional standards. According to a July 16, 2019 citation, Fieldston Lodge Center failed to ensure that it stored “Potentially Hazardous Foods” at temperatures that would prevent food borne illnesses. An inspector specifically found that tuna, ham and cheese, baloney and cheese, and turkey and cheese sandwiches were stored at temperatures above the required maximum threshold of 41 degrees Fahrenheit.
3. The nursing home did not ensure the proper storage and labeling of 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 July 2019 citation described the nursing home’s failure to properly store drugs and biologicals in two instances. In one, a vial of a purified protein derivative medication “was snot labeled with a date of opening by the nursing staff,” meaning that staff had no written record of when the medication must be disposed of. In another instance, authorities identified “twelve multidose vials of influenza vaccine” that were outdated, but still stored in a nursing supervisor’s medication refrigerator. The citation states that this failure resulted in 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.
