If your loved one was victimized while living in a Erie County nursing facility, contact the New York Nursing Home Law Center attorneys now. Let our team of dedicated abuse prevention lawyers represent your family to ensure you receive financial compensation to recover your damages. Call us now so we can begin working on your case today.
This nursing center was a "for profit" Medicare and Medicaid-participating facility providing services and cares to residents of Buffalo and Erie County, New York. The 122-certified bed long-term care nursing home is located at:
1175 Delaware Ave
Buffalo, New York 14209
(716) 885-6733
According to state regulators, Emerald South Nursing and Rehabilitation Center on Delaware Avenue closed its doors and transferred its residents to other facilities in January 2019, due to violations related to a wrongful death when an eighty-seven-year-old dementia care resident fell out of the window. Inspectors for the Health Department concluded that the nursing home did not take sufficient steps to protect the resident from harm.
It is a legal responsibility of state and federal investigators to hold nursing homes accountable if they have violated rules and regulations that harmed or could have harmed a resident. These penalties include monetary fines and the denial of payment for Medicare services.
During this time, Medicare denied payment on May 08, 2018, due to a lack of quality care. This nursing facility also received thirteen complaints and self-reported seven serious issues over the three years that resulted in violation citations.
Additional information concerning the facility can be reviewed on the New York State Nursing Home Report Website.
The state of New York and federal government nursing home regulatory agencies routinely update their care home database system. This list contains historical information of all citations and 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 three out of five stars for quality measures.
According to state inspectors, “the facility did not ensure that each resident receives adequate supervision to prevent accidents.” One resident “reviewed for accidents had issues. Specifically, the resident was not supervised by staff at all times (1:1) as planned and left the nursing unit undetected on two separate occasions.”
The resident’s Wandering Risk Assessment/Scoring Tool dated October 31, 2018, noted that the resident scored five of five and “wanders aimlessly, indicating wandering or elopement behavior.” The documentation shows that the resident was to receive one on one supervision due to a “high risk for elopement.”
The resident wore a Wanderguard device to detect wandering and was to receive one on one aid around-the-clock. However, a Resident Care Record Nursing Progress Note documented by an Registered Nurse (RN) revealed that 11:45 PM on November for 2018, they “walked into the building; heard alarms going off; and asked the 3:00 PM to 11:00 PM shift Registered Nurse (RN) Supervisor what the ringing was.”
The RN “proceeded to the First Floor Unit and asked the staff where [that resident] was. They started [looking] in his room. However, upon entering his room, the resident was not found.”
The staff began “to look around the inside and outside of the building. The resident was found in the basement in the staff dining room.” The following morning at 6:00 AM, the staff was made “aware that the resident was unable to be located. Staff searched the premises and there were no alarm sounding.”
The RN “documented that she received a phone call from a Supervisor at the local health care facility that the resident was at their facility (approximately 0.2 miles away).” The “resident was brought back safely by [a Certified Nursing Assistant (CNA)]. It was determined that [the resident] was able to exit the First Floor Stairwell Door, which had a key padlock, and entered the basement.”
Was your loved one mistreated while residing at Emerald South Nursing and Rehabilitation Center? Contact the New York nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565 for immediate legal intervention. We represent Erie County victims of abuse and neglect in all areas, including Buffalo.
Our network of attorneys provides every potential client an initial free case consultation. Also, we offer a 100% “No Win/No-Fee” Guarantee, meaning you do not owe us any money until we have received 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 Lawyer Nursing Home Law Center LLC Home