Silvercrest has received 19 citations for violations of public health code between 2018 and 2021, according to New York State Department of Health records accessed on March 4, 2022. The Jamaica nursing home’s citations resulted from a total of eight surveys by state inspectors. The deficiencies they describe include the following:
1. The nursing home failed to adequately provide cardiopulmonary resuscitation to an unresponsive resident. Under Section 483.24 of the Federal Code, nursing home staff are required to “provide basic life support, including CPR,” to residents requiring emergency care before emergency medical providers arrive. An August 2020 citation found that Silvercrest failed to ensure such. The citation specifically describes “an unresponsive resident who had Full Code status with Advance Directives in place,” whose advance directives had been changed from a do-not-resuscitate to a “Full Code (CPR to be performed)” order prior to the incident. According to the citation, the nursing home “failed to ensure the resident’s paper medical record was updated” to reflect this change. As a result, when the resident was found unresponsive and facility staffers did not check the resident’s electronic medical record for their physician’s orders, they did not initiate CPR, “and the resident expired.” A plan of correction undertaken by the facility included the suspension of “all staff involved in this event” pending an investigation. After the investigation, the facility terminated a registered nurse supervisor and provided reeducation to staff involved in the incident.
2. The nursing home did not implement adequate infection control measures. Section 483.80 of the Federal Code stipulates that nursing homes must create and maintain a program to mitigate the transmission of communicable diseases and infections. A September 2020 citation found that Silvercrest failed to ensure such. The citation specifically describes an incident in which a resident’s oxygen tubing “was observed resting on the floor, and the flexible tube was touching the wall inside the resident’s room.” In an interview, the facility’s Vice President of Nursing said that “Everyone on the unit and those that worked with the resident should ensure that all tubing and the flexible tube are bagged.” A plan of correction undertaken by the facility included the re-education of relevant staff.
3. The nursing home did not adequately protect resident from the use of physical restraints. Under Section 483.10 of the Federal Code, nursing home residents have the right to be free from the use of physical or chemical restraints “imposed for purposes of discipline or convenience and that are not required to treat the resident’s medical symptoms.” A November 2021 citation found that Silvercrest failed to ensure such. The citation specifically describes a resident observed with a plastic bag tying their left wrist to the left siderail of their bed. It goes on to state that the resident “was unable to untie the plastic bag and there was no doctor’s order for the restraint.” In an interview, the facility’s Assistant Director of Nursing said that doctor’s orders are necessary for the use of restraints and that it was inappropriate for staff to restrain the resident.
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.