Fort Tryon Center for Rehabilitation and Nursing received 20 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on January 14, 2022. The Manhattan nursing home’s citations resulted from a total of eight inspections by state surveyors. The deficiencies they describe include the following:
1. The nursing home did not adequately prevent medication errors. Under Section 483.25 of the Federal Code, nursing homes must keep residents “free of any significant medication errors.” A June 2021 citation found that Fort Tryon Center failed to ensure such. The citation states specifically that three residents “were ordered to take nothing by mouth” despite a physician’s orders for medications to be administered to them by mouth. A plan of correction undertaken by the facility included the review, clarification, and revision of MD orders for the residents in question, as well as the education of licensed nurses on matters including the verification of physician orders.
2. The nursing home did not adequately prevent verbal abuse. Section 483.12 of the Federal Code ensures nursing home residents “the right to be free from abuse.” A September 2020 citation found that Fort Tryon Center failed to ensure such. The citation states specifically that a resident was verbally abused by a night shift registered nurse supervisor in an incident in which the resident refused to take medication, the RNS “suddenly shoved and pushed him on his wheelchair,” and subsequently shouted and cursed at the resident. The citation goes on to state that “there was no documented evidence in the medical record regarding the incident,” nor any documented evidence “that the incident was reported or investigated.” A plan of correction undertaken by the facility included the education of the nurse on the facility’s policy regarding abuse.
3. The nursing home did not implement adequate measures to prevent infection. Under Section 483.80 of the Federal Code, nursing home facilities are required to establish and maintain an infection prevention and control program. A January 2021 citation found that Fort Tryon Center failed to ensure such. The citation states specifically that the facility “did not ensure infection control surveillance designed to help prevent the development and transmission of COVID-19.” It goes on to describe that the facility’s staff screening for Covid-19 upon entering the building omitted questions that would confirm whether staff members “had signs and symptoms of COVID-19.” In an interview, the facility’s administrator said that staff do not complete a questionnaire regarding signs and symptoms when entering the building, but that “he will start having staff complete a questionnaire.”
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.