Park Gardens Rehabilitation & Nursing 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 21, 2019. Those citations number six more than the statewide average of 32. The Bronx nursing home’s citations resulted from a total of three inspections by state authorities. The violations they describe include the following:
1. The nursing home did not ensure its residents’ drug regimens were free from unnecessary drugs. Section 483.45 of the Federal Code stipulates that nursing homes must maintain “each resident’s drug regimen… free from unnecessary drugs,” going on to clarify that “unnecessary” refers to any drug used in excessive dosage, for excessive duration, without adequate monitoring or indications, and/or in the presence of adverse consequences. A March 2017 citation found that Park Gardens Rehabilitation and Nursing Center failed to comply with this section in two separate capacities. In one, the facility did not provide “adequate monitoring” of a diabetic resident who had recently received an increase in their insulin dosage, so as to figure out whether the increase was effective or yielded any ill effects. Separately, the citation notes, the nursing home increased another resident’s dosage of an unidentified medication “without documentation for the reason of the increase.” The citation states that these failures resulted in the “potential to cause more than minimal harm” to residents.
2. The nursing home did not meet sanitation and comfort standards. Section 483.90 of the Federal Code requires that nursing homes “provide a safe, functional, sanitary, and comfortable environment for residents, staff and the public.” A February 2019 citation describes a shared resident bathroom that was “observed to have a very strong odor of urine over an extended period of time.” The citation states further that the odor was strong enough that it was detectable from a resident room even “while the bathroom door was closed.” An inspector found that the nursing home’s policies and procedures governing the cleaning of resident rooms detailed no “specific procedures” concerning the cleaning and sanitizing of shared resident bathrooms. In an interview, the facility’s porter stated that the odor was so strong because of disintegrating grout at the base of the toilet bowl, which was “no longer able to keep the liquid from the urine and cleaning solution from being pushed under the toilet.” The porter said also that she had previously reported that bathroom’s issue to a supervisor.
3. The nursing home did not take proper steps to prevent and control infection. Under Section 483.80 of the Federal Code, nursing home facilities are required to “establish and maintain an infection prevention and control program” adequately designed to ensure a “safe, sanitary and comfortable environment” that keeps diseases and infections from developing and transmitting. A March 2017 citation describes the nursing home’s failure to ensure proper infection control practices when one of its nurses “administered an insulin injection without wearing gloves.” In an interview, the nurse in question stated that he forgot to don gloves before administering the infection, although it was facility protocol.
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.