There are significant problems involving mistreatment occurring in nursing facilities nationwide. Typically, a lack of quality care often results from untrained nursing staff, minimal supervision, or insufficient staffing members on each shift. In these incidents, the patient’s needs are often ignored. This neglect can cause broken bones due to falling, or the development of preventable bedsores.If your loved one was injured while residing in a Monroe County nursing facility, contact the New York Nursing Home Law Center attorneys now for immediate legal assistance. Let our team of dedicated abuse prevention lawyers work on your family’s behalf to ensure you receive monetary compensation for your damages. We can begin working on your case today.
This facility is a "for profit" 160-certified bed long term care center providing cares and services to residents of Rochester and Monroe County, New York. The Medicare and Medicaid-participating home is located at:
1177 East Henrietta Rd
Rochester, New York 14623
(585) 424-4770
Hurlbut Nursing Center
In addition to providing around the clock skilled nursing care, The Hurlbut Nursing Center offers other services. Additional focused care includes short-term rehab, wound care, tube feeding, IV (intravenous) therapy, hospice, and orthopedic post-surgical restored of care.
New York and federal agencies are duty-bound to monitor every nursing home and levy monetary fines or deny payments through Medicare when investigators identify serious violations of nursing home regulations and rules. In some cases, the nursing home receives multiple penalties if surveyors find severe violations that harmed or could have harmed a resident.
This nursing home received eight complaints and self-reported one serious issue over the last thirty-six months that resulted in violation citations. Additional documentation about fines and penalties can be found on the New York State Nursing Home Report Website.
Our attorneys obtain and review data on every New York long-term care home from various online publically available sources, including the Department of Public Health website and Medicare.gov.
According to Medicare, this facility maintains an overall rating of one out of five stars, including one out of five stars concerning health inspections, two out of five stars for staffing issues and three out of five stars for quality measures.
The state investigators determined that “the facility did not protect a resident from resident to resident sexually inappropriate behavior. Specifically, there were no effective interventions put into place to prevent a recurrence of physical, sexual contact for a severely cognitively impaired resident.” The incident involved a sexually aggressive cognitively intact resident who is “socially inappropriate with female staff at times, and the approach was to remind the resident to respect the female staff.”
The investigators reviewed the Integrated Progress Notes for the sexually aggressive resident written by a Licensed Practical Nurse (LPN). The document included that “the resident continued to be sexually inappropriate with staff, showing them his penis and saying, ‘I know you wanna touch it.’”
Documentation revealed that the resident “was sitting in the hall with [the other resident] and had her touch his genitals as he was doing the same to her. The LPN explained to [the sexually aggressive resident] that this was inappropriate without success. Review of the medical record revealed note interventions were put in place at that time.”
Additionally, the documentation for the assaulting resident “does not include any Notes about [a previous incident with the sexually aggressive resident].”
A review of the 24-hour Report dated October 12, 2016, “included an evening shift entry for [the sexually aggressive resident] that the resident was sexually inappropriate with a resident and staff.” A review of all Incident and Accident Reports “for the last three months did not include one for the October 12, 2016, incident.” A report from the day before “included that two staff observe [the sexually aggressive resident] with his hands inside of [the assaulting resident’s] pants and brief, and [that resident] had her hand inside [the sexually aggressive resident’s] pants and brief in the West II Hallway.”
The evening LPN documented at 2:04 PM that the sexually aggressive resident “can give consent, but [the female resident] cannot. She said within the last month she saw the two residents sitting together in the hallway and overheard [the sexually aggressive resident] explain to [the assaulting resident], ‘if you touch it, it will get hard.’”
Was your loved one mistreated while residing at The Hurlbut Nursing Center? 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 Lawyer Nursing Home Law Center LLC Home