• 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
      • Truck Accident Lawyers
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home 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
      • Truck Accident Lawyers
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
    • Criminal Defense
    • Medical Malpractice
  • Blog
  • Resources
    • Videos
    • Notable Cases
  • Contact Us
Call
Contact
Blog
Home  /  Infection  /  Pelham Parkway Nursing Care Cited for Sexual Abuse

Pelham Parkway Nursing Care Cited for Sexual Abuse

by Law Offices of Thomas L. Gallivan, PLLC 31 Mar2021

Pelham Parkway Nursing Care and Rehabilitation Facility received 25 citations for violations of public health laws between 2017 and 2021, according to New York State Department of Health records accessed on March 26, 2021. The Bronx nursing home’s citations resulted from a total of five inspections by state surveyors. The deficiencies they describe include the following:

1. The nursing home did not adequately protect residents from sexual abuse. Section 483.12 of the Federal Code grants nursing home residents “the right to be free from abuse.” A December 2019 citation found that Pelham Parkway Nursing Care failed to ensure such. The citation states specifically that when “multiple facility staff suspected” that a resident “was sexually abusing his roommate… and reported it to the supervisors,” the supervisors in question failed to investigate the allegation or report it to the nursing home’s Director of Nursing. As such, the resident and his roommate “were not separated and continued to be roommates.” Records showed that in an interview, the resident “stated that he had performed an inappropriate sex act” and that “it was only once that he forced himself and sexually assaulted” his roommate, after which the two residents remained “in the same room for months.” The citation states that the Unit Supervisor told the resident “it was inappropriate to touch another resident without consent” but did not separate the residents or inform the Director of Nursing, believing the facility’s night supervisor “would do something about the allegation,” although he “did not discuss the incident with the night supervisor.” A plan of correction taken by the facility included the separation of the residents and the in-servicing of staff.

2. The nursing home did not take adequate steps to prevent infection. Section 483.80 of the Federal Code requires nursing homes to establish and maintain an infection prevention and control program. A February 2020 citation found that Pelham Parkway Nursing Care failed to ensure such. The citation states specifically that in one instance, staff, residents, an escort, and a visitor “were observed opening the clean linen curtain and taking clean linens such as towels, gowns, blankets, and bed sheets with unwashed bare hands.” In another instance, the citation states, a resident’s nebulizer mask “was observed touching the table without a plastic barrier on several occasions.” A plan of correction taken by the facility included the replacement of the linens and the nebulizer mask.

3. The nursing home did not take adequate accident-prevention measures. Section 483.25 of the Federal Code requires that nursing home residents receive “adequate supervision and assistance devices to prevent accidents.” A July 2017 citation found that Pelham Parkway Nursing Care failed to ensure such. The citation states specifically that a resident’s whereabouts were “not determined for a period of 2 hours when he was on 30 minute checks.” As such, the resident was able to elope from the facility without the awareness of its staff. The citation goes on to state that the resident “exited the facility unnoticed through the main entrance” after the receptionist “unlocked the front door while speaking to someone else.” In an interview, the receptionist said she had previously been informed that the resident was considered at high risk for elopement, but that he “didn’t look at her face so she thought he was a family member and she unlocked the door and let him leave the facility.” He was later found at a local hospital. A plan of correction undertaken by the facility included the suspension and later termination of the receptionist.

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, Nursing Home Abuse, Nursing Home Violations, Sexual Abuse

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