• 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
      • New York Truck Accident Lawyers
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
      • Bedsores and Pressure Ulcers
      • Bruises and Cuts
      • Elopement
      • Falls & Broken Bones
      • Group Home Abuse
      • Infections
      • Malnutrition
      • Physical 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
      • New York Truck Accident Lawyers
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
      • Bedsores and Pressure Ulcers
      • Bruises and Cuts
      • Elopement
      • Falls & Broken Bones
      • Group Home Abuse
      • Infections
      • Malnutrition
      • Physical Abuse
    • Criminal Defense
    • Medical Malpractice
  • Blog
  • Resources
    • Videos
    • Notable Cases
  • Contact Us
Call
Contact
Blog
Home  /  Infection  /  Midway Nursing Home Cited over Elopement

Midway Nursing Home Cited over Elopement

by Law Offices of Thomas L. Gallivan, PLLC 13 Sep2020

Midway Nursing Home received 34 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on January 2, 2020. The Maspeth nursing home’s citations resulted from a total of six inspections by state surveyors, and number two more than the statewide average of 32 citations. The violations they describe include the following:

1. The nursing home did not provide adequate supervision to prevent residents from experiencing accidents such as elopement. Section 483.25 of the Federal Code states that nursing home facilities must provide an environment as free as possible from accident hazards. A December 2016 citation found that Midway Nursing Home failed to comply with this citation by providing inadequate supervision to prevent a resident from eloping from the facility. The citation states specifically that the resident had been “identified at risk for elopement and had a wander guard in place.” However, according to the citation, the resident in question “walked out of the facility unknown to staff.” In an interview, the facility’s Director of Nursing stated that the resident’s monitoring “should have been increased.” In another interview, the facility’s administrator stated that a surveillance camera had not recorded any data, but he “was not aware that the camera was not reco[r]ding.” The citation notes that this deficiency had the “potential to cause more than minimal harm.”

2. The nursing home did not take adequate measures prevent and control the transmission of infection. Under Section 483.80 of the Federal Code, nursing homes must “establish and maintain an infection prevention and control program” that ensures residents a “safe, sanitary and comfortable environment.” An April 2017 citation found that the nursing home failed to comply with this section in two instances. In one, an inspector observed a Licensed Practical Nurse neglecting to clean a reusable blood glucose finger-stick meter between residents. In another, an inspector observed four separate facility nurses using “improper handwashing techniques” while providing care to residents, including during the administration of medication and wound care. The citation states that these deficiencies had the “potential to cause more than minimal harm.”

3. The nursing home did not provide food in a form that met residents’ needs. Section 483.35 of the Federal Code states that nursing home facilities must provide reach resident with food “prepared in a form designed to meet individual needs.” A January 2016 citation found that the resident did not ensure two residents were provided with such. According to the citation, the two residents were identified as requiring a “chopped diet.” Both were observed by an inspector with meal trays containing food that was not chopped. In an interview, one of the facility’s cooks stated that “they always serve the same vegetables they serve to the regular diets to the chopped diets” and that “he doesn’t chop the vegetables.” Meanwhile, the facility’s Registered Dietitian told an inspector that “they do not have a policy and procedure on chopped diets.”

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.

Posted in: Infection, 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