Van Duyn Center for Rehabilitation and Nursing has received 57 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on April 8, 2021. The facility has additionally received seven fines totaling $90,000 since 2008. The Syracuse nursing home’s citations resulted from a total of 15 surveys by state inspectors. The deficiencies they describe include the following:
1. The nursing home did not adequately protect residents from accidents. Section 483.25 of the Federal Code requires nursing homes to provide residents with a level of supervision necessary to prevent accidents. An October 2020 citation found that Van Duyn Center for Rehabilitation and Nursing failed to ensure such. The citation specifically describes one resident who “wandered frequently and had multiple altercations with” another resident, and for whom “there was no documented evidence the level of supervision” for the first resident “was increased to prevent accidents.” This resident later “had a sexual incident” with a third resident and an “altercation” with a fourth resident during which he (the first resident” sustained an injury. In an interview, a Registered Nurse at the facility said “it was difficult to implement interventions to keep residents safe due to their unpredictable behaviors.” A plan of correction undertaken by the facility included the re-education of staff on their responsibilities to supervise residents and to “intervene at the first sign of aggression or intrusive wandering.”
2. The nursing home did not adequately prevent medication errors. Section 483.45 of the Federal Code stipulates that nursing homes must keep residents “free of any significant medication errors.” A November 2020 citation found that Van Duyn Center for Rehabilitation and Nursing failed to ensure such. The citation specifically describes an instance in which 19 residents “did not receive medications as ordered.” The citation describes this deficiency as having the “potential to cause more than minimal harm.” A plan of correction undertaken by the facility included the re-education of scheduling staff and registered nurse managers “regarding the process to follow if a unit does not have an assigned nurse to administer medications.”
3. The nursing home did not protect residents from abuse or neglect. 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 February 2020 citation found that Van Duyn Center for Rehabilitation and Nursing failed to ensure such. The citation specifically describes a resident who was injured by a Certified Nursing Aide “who did not know the resident’s care needs when she provided care to the resident.” The citation goes on to state that when the CNA “noticed the resident’s injury, she did not immediately report the injury to Administration,” resulting in “actual harm” to the resident, including soft tissue swelling to her lower leg bones, as well as “a large bump on the leg, and pain.” A plan of correction undertaken by the facility included the termination of the CNA in question and the counseling of another CNA “regarding the need to report any resident injury to the RN unit manager/supervisor immediately.”
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.
