Located at 139-62 35th Avenue, Flushing, NY 11354, Cypress Garden Center for Nursing and Rehabilitation is a large, 268-bed facility that has received a four-star overall rating by the New York State Department of Health. The facility is affiliated with Excelsior Care Group which owns or operates long term care facilities throughout New York and New Jersey.
Despite its relatively high overall rating, Cypress Garden Center for Nursing and Rehabilitation has faced claims and lawsuits for nursing home negligence. Cypress Garden in Flushing Queens has also received 34 complaints in the past three years, resulting in 8 inspections and 3 citations. One of those citations was related to the facility’s quality of care. In addition, the facility has received a total of 20 citations for standard health and life safety code violations. A summary of the most recent citation surveys is provided below.
Prior Lawsuits vs. Cypress Garden Center for Nursing and Rehabilitation in Queens
Cypress Garden has faced prior claims and civil cases alleging nursing home negligence. However, these cases resolved prior to trial; therefore, the monetary settlement amount is not public information.
What kind of cases generally result in a nursing home abuse lawsuit? Commonly, our New York nursing home abuse attorneys sue negligent nursing homes for bedsores, falls, medication mistakes and physical assault.
If you believe your loved one suffered nursing home abuse in Queens, our law firm can help. Call or live chat with our firm today for a free case consultation. 646-969-5855
Inspection and Deficiencies at Cypress Garden Center for Nursing and Rehab
Certification Survey dated 9/23/2019 at Cypress Garden Center
A resident with wandering and elopement risk behaviors was prescribed medication without a relevant diagnosis, nor did the facility attempt to address the stressors that led to that resident’s wandering behavior prior to administering the medication. Instead, the facility provided the resident with antipsychotic medication with no gradual dose reduction plan. While the resident had become upset when staff tried to prevent him from going home, he had no psychiatric disorder that would justify the administration of antipsychotic medication.
Another resident was observed walking around in tattered, dirty sneakers that were too large for his feet with no socks on. Although nursing staff were present when the resident was walking around in these sneakers, no one had addressed them. A CNA stated the resident would sometimes wear socks but not all the time; however, his dresser drawers were devoid of socks. Other staff members stated that they had not noticed the sneakers because the resident is usually seated. No one had contacted the family or housekeeping services regarding obtaining new shoes or socks for the resident.
The surveyor noted that sandwiches had been stored at a temperature above 40F, and that the meat slicer was not properly cleaned. The surveyor saw that old meat debris was still present in and around the meat slicer after it was disassembled and presumably cleaned, and that the debris on the table underneath the slicer was not cleaned either.
In addition, the eye doctor did not appropriately clean the overbed table or wash his hands properly prior to completing an eye exam.
Finally, the surveyor cited the facility for its failure to provide a safe, home-like environment. Specially, two residents were observed to have bare walls in their rooms. When asked whether they would like some wall hangings, both said yes and appeared very happy when colorful wall hangings – a picture of flowers and pictures of colorful fish – were provided to them. Both residents stated that no facility staff had inquired about their bare walls.
Certification Survey 12/20/2017 at Cypress Garden Center Queens
During this inspection, the surveyor noted that one resident had lost approximately 24 lbs, or 20% of his bodyweight, within a month after admission into the facility. There was no indication that nursing staff reported the weight loss to the dietician or to the attending physician. The nursing staff stated that they can report weight loss to the dietician but are not required to do so. The surveyor noted that “[t]he staff needs to communicate effectively.”
The building itself was observed to lack self-closing doors which were not kept in the closed position. Maintenance staff stated that sometimes the staff forget and leave the door open. Oxygen cylinders were stored by the facility on the 7th floor, with no sign stating that oxidizing gases were stored within that room, and no designation between full and empty tanks. There was also a power outlet less than 5 feet from the cylinders, which the facility agreed to remove.
In addition, some of the exit lighting were operated by a timer, instead of being in continuous operation. There was no communication plan regarding how to inform residents of the facility’s emergency plan, and the physical environment generally appeared to be in disrepair. Dust or dirt was observed on air conditioning units and a grayish brown substance was seen splattered across the window shade in one room. A ceiling was leaking near the door leading to the smoking room, causing a small puddle to form on the floor.
Moreover, a monthly fire pump test had not been conducted in several months, and smoke barriers on 2 out of 7 floors were observed to have unsealed conduit penetrations that did not have the appropriate fire stopping.
Complaint Survey dated 10/31/2016 at Cypress Garden in Flushing
This survey was conducted in response to a fall experienced by a resident who was at a high risk for falls. When admitted, his medical record noted that a bed alarm should be used and that particular box had been checked. The staff stated, however, that this was an error and there was no bed alarm in use prior to resident’s fall. After the resident was found lying on the ground after a fall, a bed alarm and a chair alarm started to be used. No explanation was provided for why the Resident Nursing Instructions did not reflect that the bed alarm was used after the fall. The facility was cited for its failure to ensure resident records accurately reflected their conditions and for failing to ensure that residents live in an environment free from accident hazards.
Cypress Garden Center for Nursing and Rehabilitation’s Overall Legal History
A review of the inspection surveys conducted by the New York State Department of Health reveal that Cypress Garden Center for Nursing and Rehabilitation has been cited for numerous deficiencies, including those that directly affect the welfare of residents. Cypress Garden Center has also been sued in nursing home negligence lawsuits.
Although the New York State Department of Health has identified several issues and required that they be fixed, the agency cannot monitor the welfare of each resident at Cypress Garden Center for Nursing and Rehabilitation. Thus, if you or a loved one is a resident at Cypress Garden Center for Nursing and Rehabilitation and you suspect nursing home neglect or abuse at this facility, please reach out to an experienced attorney.
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