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Bay Park Center for Nursing and Rehabilitation Inadequate Staffing Class Action

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Bay Park Facility Sign in Front of Building

The complaint for this class action says that the Bay Park Center for Nursing and Rehabilitation in the Bronx, New York does not maintain sufficient staff for the safety, care, and health of its residents. It claims that Bay Park Center for Nursing and Rehabilitiation, LLC, SentosaCare, LLC, and a group of individual defendants have violated Section 2801-d of New York’s Public Health Law (PHL). 

The class for this action is all persons who reside or resided at the Bay Park Center for Nursing and Rehabilitation facility from November 27, 2015 to the present.

The Bay Park facility is a member of the SentosaCare nursing home network, with SentosaCare providing administrative services. Staffing levels at SentosaCare nursing homes were reported as low as early as 2015. The Nursing Home Compare website of the federal Centers for Medicare & Medicaid Services (CMS) show that Bay Park has a facility rating of one star out of five in staffing. 

The complaint says, “Defendants’ failure to properly staff the Facility is particularly egregious because understaffing is one of the primary causes of inadequate care and often unsafe conditions in nursing facilities.” Understaffing may lead to more falls, pressure sores, weight loss, incontinence, and premature death.

Among the problems cited with the Bay Park facility are long response times to call lights, failure to provide adequate showers, lack of assistance with grooming and bathing, medications not given on time, failure to properly attend to toileting needs, and being confined to bed for long periods. In fact, the complaint says that plaintiff Sherard Clark saw no nurses or doctors on the floor for hours at a time and even for an entire evening.

Clark lived at the Bay Park facility from roughly February 16, 2018 to July 13, 2018. The complaint details a number of instances in which he received inadequate care:

  • No change of bandage on the wound on his foot. Once, a doctor reprimanded a nurse for not attending to it, but the nurse ignored him and left it unchanged. She was told to change the bandages again a few hours later by another doctor, but again she did not. 
  • Infections of the wound, multiple times, because of lack of bandage changes. 
  • Stitches left in foot too long, causing infections of the foot.
  • Staph infection, with lack of additional care needed.
  • Left sitting for a long time with an empty IV. Once he attempted to remove the IV himself and ended up passing out and hitting his head on the floor. 

The complaint claims violations of PHL 2801-d, which it says was intended to “introduce a degree of equality between nursing homes and their otherwise vulnerable and helpless patients…”

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