Hamilton Park Nursing and Rehabilitation Center received 9 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on November 22, 2019. The Brooklyn nursing home’s citations resulted from a total of two inspections by state surveyors, in November 2016 and May 2018. The deficiencies they describe include the following:
1. The nursing home did not take adequate steps to care for prevent pressure ulcers and bedsores. Under Section 483.25(c) of the Federal Code, nursing homes must provide a level of care that prevents residents who enter without pressure sores from developing them unless their condition renders such unavoidable; and that residents suffering from pressure sores must receive necessary and adequate care. A November 2016 citation describes the failure by Hamilton Park Nursing & Rehabilitation Center to follow orders to provide a resident with “dry protective dressing on a sacral ulcer.” The resident was admitted to the facility with three unhealed pressure ulcers, according to the citation, and a physician ordered that one of them be treated in part with dry protective dressing. An inspector observed the resident without the required dressing, and spoke to a staff nurse, who “confirmed that she was not informed that the necessary dressing was missing and needed to be replaced.” The inspector determined in an interview with a Certified Nursing Assistant that the CNA had forgotten to inform the nurse of such.
2. The nursing home did not take proper steps to ensure the prevention and control of infection. Section 483.80 of the Federal Code provides that nursing home facilities shall “establish and maintain an infection prevention and control program” with the aim of ensuring residents a “safe, sanitary and comfortable environment.” A May 2018 citation describes the failure of the nursing home’s staff to perform hand hygiene following contact with residents. In a random observation, a state inspector observed a Certified Nursing Assistant handling a resident’s wheelchair leg rests in her hands, then touching other chairs in a common area and putting her hand in her pocket, without washing her hands after touching the leg rests. On another instance, a Certified Nursing Assistant was observed re-positioning a resident’s legs, then moving a linen cart down a hallway without performing hand hygiene in between. In a third instance, a Licensed Practical Nurse was observed replacing a resident’s pain patch, then leaving the room and opening a medication cart without washing her hands in between. The citation notes that these activities had the “potential to cause more than minimal harm.”
3. The nursing home did not employe proper food sanitation practices. Under Section 483.35 of the Federal Code, nursing homes must “store, prepare, distribute and serve food under sanitary conditions.” In a November 2016 inspection, a surveyor noted that the nursing home had “multiple expired food items and unlabeled foods” in its pantry refrigerators. The expired items included almond milk, fruit punch, an opened container of mangoes with a rotten cap, and other various resident foods. In an interview, the facility’s charge nurse informed the surveyor that nursing staff were responsible for throwing out expired and undated food, and she did not know why the items in question had not been discarded.
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.
