(914) 220-1086Workmen’s Circle Multicare Center suffered 16 fatalities from Covid-19 as of July 12, 2020, state records report. The nursing home also received 15 citations over violations of public health code between 2016 and 2020, according to health records accessed on July 13, 2020. The Bronx nursing home’s citations resulted from a total of five surveys by state inspectors. The violations they describe include the following:
1. The nursing home did not adequately prevent abuse. Section 483.12 of the Federal Code stipulates that nursing homes must ensure each resident’s right to freedom “from abuse, neglect, misappropriation of resident property, and exploitation.” A September 2019 citation found that Workmen’s Circle Multicare Center did not ensure such for one resident. The citation states specifically that a Certified Nursing Assistant “acknowledged hitting” a resident “in her eye after the resident became combative during care.” The resident, according to the citation, was later “observed with her hands covered her face and crying.” In an interview, the CNA stated that the resident had become combative and was “hitting her constantly,” and that when the resident hit the CNA in the stomach, CNA “accidentally” hit the resident in the face. “It happened so fast and my hand hit her face,” the CNA stated. The citation goes on to state that the CNA said she declined to notify a nurse that she hit the resident, and a statement she gave the facility noted that she observed the resident’s “eye swollen while she was providing care.” The CNA was later arrested by the police and prosecuted by local authorities, according to the citation.
2. The nursing home did not ensure resident dignity. Section 483.10 of the Federal Code stipulates that nursing home residents have “a right to be treated with respect and dignity,” which includes a right to the use of personal possessions. A June 2018 citation found that Workmen’s Circle Multicare Center did not ensure this right for two residents. The citation specifically describes an instance in which the facility’s Administrator and Assistant Administrator went into the residents’ room and “without any explanation… opened and searched the residents’ bedside drawers” and threw out one of the resident’s unopened food items “without his permission.” In an interview, the resident’s Assistant Administrator stated that they did not throw out the resident’s food, and that they asked permission before opening the drawers.
3. The nursing home did not provide residents with the highest possible quality of care. Under Section 483.25 of the Federal Code, nursing homes must provide a level of “treatment and care in accordance with professional standards of practice” that ensure residents reach their highest practicable potential well-being. A February 2018 citation found that Workmen’s Circle Multicare Center did not ensure such. the citation states specifically that while a resident “was observed with facial grimacing with movement,” there was no documented evidence in the facility’s records that the resident was provided with pain medication. In an interview, the facility’s Director of Nursing Services stated that a pain assessment should have been conducted and documented for the resident with the goal of managing the resident’s pain. A plan of correction undertaken by the facility included the in-servicing of relevant staff on signs of pain and pain management.
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.
