Silvercrest received 19 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on December 13, 2019. The Jamaica nursing home’s citations resulted from a total of four inspections by state authorities. The violations they describe include the following:
1. The nursing home did not take adequate measures to prevent residents from sustaining falls. Section 483.25 of the Federal Code requires nursing homes to ensure that residents receive supervision to prevent them from sustaining accidents. According to a September 2018 citation, Silvercrest did not adequately supervise one resident, resulting in the resident falling. An inspector specifically found that the resident, who had been “assessed as a high risk for falls,” was left unattended in one of the facility’s hallways, and sustained a fall. When the resident was found by staff, she was observed suffering from “pain and swelling of the left shoulder” and transferred to a local hospital for examination.
2. The nursing home did not ensure that residents’ drug regimens contained no unnecessary psychotropic medications. Section 483.45 of the Federal Code requires nursing homes to keep their residents’ medication regimens free from the unnecessary use of any drugs that affect “brain activities associated with mental processes and behavior,” including anti-psychotic medication. A September 2018 citation found that Silvercrest continued administering an antipsychotic medication to a resident “without adequate indications for its use.” In an interview, a Certified Nursing Assistant told an inspector that the resident exhibited “no behavioral problems” and “is pleasant” during care. The citation, which notes that the facility’s medical director was not available to be interviewed about the resident’s medication, found that this deficiency had the “potential to cause more than minimal harm” to residents.
3. The nursing home did not provide an adequately high quality of care. Under Section 483.24 of the Federal Code, nursing homes must give residents “the necessary care and services to attain or maintain the highest practicable… well-being.” A February 2017 citation found that the facility failed to meet quality of care standards when it did not ensure that one resident “received antibiotic medications and flushes via a Peripherally Inserted Central Catheter” in accordance with a physician’s directives. According to the citation, the resident was not administered two doses of the antibiotic medication, because the resident’s Licensed Practical Nurse had not informed a Registered Nurse that the resident was supposed to receive the intravenous antibiotic. The facility’s investigation of the missed doses “included no planned interventions to ensure that RNs designated to administer IV medications would be aware that medications were ordered,” according to the citation, nor any interventions to ensure the facility promptly identified medication omissions.
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.