Every staff member working in a nursing facility has a legal and ethical responsibility to provide each resident with the highest level of care according to established standards of quality. Unfortunately, many nursing facilities do not follow established procedures and protocols that prevent injuries, accidents, and the development of life-threatening pressure wounds.If you suspect that your loved one was victimized through neglect or abuse while living in a Monroe County nursing facility, the New York Nursing Home Law Center Attorneys can help. Let our team of dedicated abuse prevention lawyers work on your family’s behalf to ensure you receive financial compensation for your damages.
All nursing homes are required to have insurance to protect their interests when something goes wrong. You can rely on us to ensure you or your loved one is protected, too!
This Medicare and Medicaid-participating facility is a "for profit" center providing services to residents of Rochester and Monroe County, New York. The 54-certified bed long-term care home is located at:
1919 Elmwood Avenue
Rochester, New York 14620
(585) 271-8700
The Brightonian Nursing Home
In addition to providing around the clock skilled nursing care, The Brightonian Nursing Home offers other services. Additional focused care includes pain management, oxygen therapy, wound care, tube feeding, IV (intravenous) antibiotics therapy, short-term rehab, an orthopedic postsurgical restorative care.
Both New York and the federal government can impose a monetary fine or deny payments through Medicare when a nursing facility has been found to violate established regulations and rules. The higher the monetary fine, the more serious the violation is that likely harmed or could have harmed one or more residents at the nursing home.
The nursing home received one complaint over the last thirty-six months that resulted in a violation citation. Additional information concerning the facility can be reviewed on the New York State Nursing Home Report Website.
The state of New York and Medicare.com routinely update their comprehensive list of deficiencies online to reflect all violations.
According to Medicare, this facility maintains an overall rating of one out of five stars, including one out of five stars concerning health inspections, one out of five stars for staffing issues and two out of five stars for quality measures.
The state investigators determined that “the facility did not ensure that the resident was free from physical restraints. Specifically, there was a lack of an appropriate assessment identifying the seatbelt as a restraint, a medical [diagnosis]” to use the device.
The surveyors reviewed the Device/Restraint Evaluation Form, dated February 7, 2017. The document revealed “the use of the seatbelt for safety and that the resident was able to unfasten it on command. Intermittent updates revealed no changes, including the most recent update, dated December 28, 2018, and signed by the Physical Therapist.” Verification of the use of the seatbelt in the wheelchair was verified in the Certified Nursing Assistant (CNA) Care Plan.
The surveyors reviewed a Progress Note dated December 28, 2018, that revealed that “the resident was now unable to release the seat belt on multiple attempts even when cued.” The resident’s Physician orders from that day and on January 7, 2018, included “the use of the seatbelt for safety and to release every two hours. The order did not include the medical symptom being treated” that would require a seatbelt.
The resident’s Comprehensive Care Plan from December 28, 2018, included that “the resident was at risk for falls related to dementia and that a seatbelt was in place to remind them not to get up without assistance.” The Care Plan “did not include that the seatbelt was a restraint, that it was the least restrictive device being utilized, or how often it is to be used.”
The surveyors also stated that “there was no documented evidence of the resident’s representative was informed or educated regarding the risks and benefits of the seatbelt.” The state surveyors made multiple observations between 11:50 AM and 1:35 PM on January 4, 2019. The resident was observed, “sitting in the common area, and the seatbelt was not buckled, and the staff was not present.”
Later that day, the LPN Manager stated that the interdisciplinary team had completed a restraint assessment and that is when the seatbelt was released, the resident should be monitored.”
Do you suspect that your loved one is the victim of mistreatment while living at The Brightonian Nursing Home? Contact the New York nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565 for immediate legal intervention. We represent Monroe County victims of abuse and neglect in all areas, including Rochester.
We provide every potential client a free initial case consultation and offer a 100% “No Win/No-Fee” Guarantee. This promise means you will not pay us anything until after we have secured a monetary recovery on your behalf. All information you share with our law offices will remain confidential.
Sources:
Attorney Jennifer Wilson
Licensed in New York
Chicago Nursing Home Injury Attorney Nursing Home Law Center LLC Home