The Wartburg Home received 40 citations for violations of public health laws between 2018 and 2022, according to New York State Department of Health records accessed on October 16, 2022. The Mount Vernon nursing home’s citations resulted from a total of six inspections by state surveyors. The deficiencies they describe include the following:
1. The nursing home did not protect residents from accidents. Under Section 483.25 of the Federal Code, nursing home facilities must provide residents an environment as free as possible from accident hazards, and with adequate supervision and assistive devices to ensure that residents do not sustain accidents. A July 2022 citation found that The Wartburg Home failed to ensure such. The citation specifically describes a resident who required two-person assistance for transfers, but who sustained an injury when falling during a transfer with one-person assistance. A plan of correction undertaken by the facility included the a review to ensure compliance with two-person assistance requirements for the resident and the creation of room signage to identify residents who require such.
2. The Wartburg Home was also cited for accident-prevention failures in March 2022. This citation describes a severely cognitively impaired resident who had sustained multiple falls resulting in juries, but for whom “the facility did not implement all preventative measures and did not update the comprehensive care plan (CCP) to ensure the resident’s safety.” A plan of correction undertaken by the facility included the review of the resident’s fall reports to identify potential preventative measures, and the education of nursing staff.
3. The nursing home did not protect residents from . Section 483.12 of the Federal Code ensures nursing home residents “the right to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A March 2021 citation found that The Wartburg Home failed to ensure such. The citation specifically describes an instance in which one resident pushed another after the victim called them an unspecified name. The citation states further that the incident resulted in the victim’s fall to the ground, where she hit her head and suffered a laceration. She was subsequently brought to an emergency room, where she received sutures on her head. A plan of correction undertaken by the facility included the education of all clinical staff on policies regarding the prevention of resident-to-resident abuse.
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.
