NY Congregational Nursing Center Cited Twice for Abuse

NY Congregational Nursing Center received 19 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on August 27, 2021. The Brooklyn nursing home’s citations resulted from a total of five surveys by state inspectors. The violations they describe include the following:

1. The nursing home failed to protect its residents from abuse. Under Section 483.12 of the Federal Code, nursing home residents have “the right to be free from abuse.” A March 2021 citation found that NY Congregational Nursing Center failed to ensure such. The citation states specifically that the failed to protect a resident from abuse by another resident with a history of aggression. After the incident in question, the victim was observed “lying in bed with blood all over their face, blood at the back of the head; with swollen eyes and swollen and bleeding lips.” The citation goes on to state that “a lot of blood was on the floor next to the nightstand.” An investigation found that staff did not foresee the incident and had not implemented interventions to prevent the aggressor from entering other residents’ rooms, even though the resident was known to do so. A plan of correction undertaken by the facility included the education of facility staff.

2. A February 2020 citation also found that NY Congregational Nursing Center failed to protect residents from abuse, as required by Section 483.12 of the Federal Code. In this instance, the citation states, the facility did not ensure a resident was protected from sexual abuse by a member of the housekeeping staff who the resident said “touched her inappropriately.” The resident reported that the staffer “touched her on her breast and perineal error.” In a statement to the facility, the housekeeper said “she jokingly” touched the resident’s breast but denied touching the resident’s perineum. In an interview, a Certified Nursing Assistant at the facility said the resident had told her about the inappropriate contact two weeks before making the complaint, but she did not report the allegation “because she did not take the allegation seriously” and believed the housekeeper in question “was making a joke.” The facility’s Director of Nursing said in an interview that an investigation found the housekeeper indeed touched the resident inappropriately. A plan of correction undertaken by the facility included the termination of the housekeeper.

3. The nursing home failed to adequately investigate abuse. Section 483.12 of the Federal Code requires nursing home facilities to maintain evidence that abuse allegations are thoroughly investigated. A March 2021 citation found that NY Congregational Nursing Center failed to ensure such. The citation states specifically that multiple instances of “attempted violent and aggressive behaviors” by one resident toward other residents were not investigated by the facility.  In one instance, the resident approached nursing staff with an iron in their hand while not wearing pants and took a swing at another resident. In another instance, the resident pushed a resident out of their room; in another, they pushed another resident out of their wheelchair. The citation states that there were no records of facility investigations of these interviews. A plan of correction undertaken by the facility included the transfer of the resident to a medical center for evaluation.

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.