Wesley Gardens Corporation Fined $16,000, Cited for Medication Errors

Wesley Gardens Corporation received 75 citations for violations of public health laws between 2017 and 2021, according to New York State Department of Health records accessed on April 1, 2021. The facility has also received three fines since 2016, totaling $16,000, over findings of health code violations. The Rochester 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 adequately prevent medication errors. Under Section 483.45 of the Federal Code, nursing homes must maintain medication error rates below five percent. An August 2019 citation found that Wesley Gardens Corporation failed to ensure such. The citation states specifically that while a resident’s physicians orders stated that their medications were to be administered at 9am, they were observed being administered at 11:10am. In an interview, the Licensed Practical Nurse who administered the medications stated that they were administered late because there was “only one nurse passing medications on the unit,” and that four other residents also received late medication administration. A plan of correction undertaken by the facility included the counseling of the LPN.

2. The nursing home did not adequately protect residents from accidents. Section 483.25 of the Federal Code stipulates that nursing homes must ensure residents an environment “as free of accident hazards as is possible.” An August 2019 citation found that Wesley Gardens Corporation failed to ensure such. The citation states specifically that one of the nursing home’s employees heated a resident’s water using a microwave, after which “the resident spilled the hot water on herself, and sustained second degree burns.” In interviews, the facility’s Director of Dining Services and its Director of Nursing “stated that the water was too hot to srve to a resident,” and that “staff members were not trained in heating food or beverages in the microwave.” A plan of correction undertaken by the facility included the in-servicing of nursing staff on the facility’s revised microwave policy.

3. The nursing home did not provide adequate pressure ulcer care. Under Section 483.25 of the Federal Code, nursing homes must provide residents with necessary services to promote the healing of pressure sores and to prevent their development. A May 2018 found that Wesley Gardens Corporation failed to ensure such. The citation states specifically that two residents did not receive adequate pressure ulcer care. In one instance, a resident’s pressure ulcer dressing was not applied as ordered; in another instance, the citation states, there was no “Registered Nurse assessment and treatment orders for pressure ulcer present on admission.” A plan of correction undertaken by the facility included the re-education of a Licensed Practical Nurse on relevant policies and procedures.

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.