Anaheim California Nursing Home Abuse Lawyers
Many nursing home residents become victims of neglect or mistreatment that has an enormous impact on their health and well-being. In many incidences, neglect is a result of inadequately trained staff, a lack of staff or employees who are overworked in overcrowded conditions. In fact, the Anaheim nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have handled cases were residents are victims of harmful conditions that lead to harm, injury or even death.
The number of cases involving nursing home neglect throughout Orange County has risen substantially in recent years. Our legal team of California nursing home attorneys is well-versed in the legal outcomes of cases involving unacceptable behavior might caregivers and other residents in nursing facility statewide. Through our success, we have achieved outstanding results in lawsuit trials and filed claims against nursing facilities for financial recompense and legal justice from those who caused a loved one’s harm, injury or death.
Anaheim is a thriving community of more than 340,000 residents of which nearly 52,000 our senior citizens. The densely populated area has seen a significant increase in the number of elders remaining in the Los Angeles area after retiring. This has caused a heavy burden on many nursing facilities that are unable to meet the hygiene and health requirements of every resident.Anaheim Nursing Home Resident Health Concerns
Our Orange County elder abuse attorneys provide a level of service and commitment that rise to the level of safeguarding our clients against the wrongful actions of caregivers, administrators and residents in nursing facilities in Southern California. As a part of our unwavering action to ensure that residents are fully and legally compensated for their injuries and harm, we continuously review national databases including Medicare.gov.
We post the information of filed complaints, opened investigations, safety concerns and health violations occurring in nursing facilities throughout the Anaheim area. Many families seek this valuable information when determining where to place a loved one in the community to ensure they receive the highest level of hygiene and health care.Comparing Anaheim Area Nursing Facilities
The detailed list below outlines the nursing facilities throughout the Anaheim area currently maintaining a below standard rating compared to other nursing homes nationwide. In addition, our Orange County nursing home lawyers have posted their primary concerns by listing specific cases involving serious harm, unacceptable behavior and dangerous conditions.Information on California Nursing Home Abuse & Negligence Lawsuits
Our attorneys have compiled data from settlements and jury verdicts across California to give you an idea as to how cases are valued. Learn more about the cases below:
- California Nursing Home Medical Error Lawsuits
- California Nursing Home Abuse Lawsuits
- California Nursing Home Inadequate Care Lawsuits
- California Nursing Home Bed Sore Case Valuations
- California Nursing Home Fall Case Valuations
PARKVIEW HEALTHCARE CENTER
1514 E. Lincoln Avenue
Anaheim, California 92805
A “For-Profit” 41-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Provide Adequate Services and Care to Ensure Residents with Reduced Range of Motion Can Increase Their Range of Motion
In a summary statement of deficiencies dated 02/03/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “ensure to [residents of the facility] received the ordered frequency of RNA services to increase their range of motion or to prevent a further decrease in their range of motion.” The deficient practice by the nursing staff at Parkview Health Care Center “had potential for the residents to develop decreased range of motion functions and decreased independence.”
The deficient practice was noted after a state investigator reviewed a resident’s MDS (Minimum Data Set), revealing a Brief Interview for Mental Status (BIMS) score of 15 “indicating [the resident] was cognitively intact.” During a 7:00 AM 01/29/2015 interview with the resident, the resident stated that “the RNA treatments ordered five times per week, but she only received the RNA treatments one or two times per week […and] there was only one RNA at the facility and the RNA was very busy.”
The resident further stated that “when the RNA was off or scheduled as a CNA, no one to the RNA treatments.” The state investigator asked the resident “if she had reported the lack of RNA services to anyone.” The resident replied “she had not reported this to anyone because she did not want anyone to get into trouble.”
The state surveyor conducted a 01/30/2015 3:15 PM interview with the facility’s RNA who revealed that “sometimes she got scheduled as an RNA and sometimes as a CNA (Certified Nursing Assistant).” The state surveyor asked to see the RNA charting which is a computerized weekly summary. However, the charting did not show the daily treatments or the lack of progress. The RNA was then asked “if there was any way to track how many RNA treatments a given resident received each week.” The RNA replied “there was no documentation of daily treatments.” The RNA was then asked if she told the Charge Nurse or the Director of Nursing that it was not possible to complete all the RNA treatments every week. The RNA replied, “not told anyone that she could not complete the treatments.”
Our Anaheim nursing home neglect attorneys recognize the failure to provide adequate services and care to ensure that any resident with reduced range of motion has adequate services to increase their range of motion could be seen as neglect or mistreatment. The deficient practice by the nursing staff at Parkview Healthcare Center also failed to follow the established procedures and protocols adopted by the facility.
GARDEN PARK CARE CENTER
12681 Haster Street
Garden Grove, California 92840
A “For-Profit” 124-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Provide Residents in Nursing Home Environment Free of Accident Hazards and Adequate Supervision to Prevent an Avoidable Accident from Occurring
In a summary statement of deficiencies dated 04/13/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “ensure [a resident at the facility] was free from accidents and had floor mats in place.”
The deficient practice was noted by state surveyor who recognize the facility’s failure “to ensure formats were placed on both sides of [the resident’s] bed as ordered.” This deficient practice “placed a resident at increased risk of injury if she fell out of bed.”
The state surveyor completed a full review of the resident’s Quarterly Minimum Data Set with Assessment Reference Date (ADR) indicating the resident “had severe cognitive impairment and history of Falls […and] required extensive assistance with mobility and ADL (activities of daily living) care.”
A review was conducted on the resident’s Fall Risk Assessments dated 07/23/2014, 10/30/2014 and 02/11/2015. The documents reveal that the resident “was assessed to be at high risk for falls.” The state surveyor then reviewed the 9:30 PM 03/26/2015 Licensed Nurses Note that revealed “the licensed nurse was summoned to [the resident’ is] room. The resident was found lying on the floor. The resident denied hitting her head but had a nosebleed. The licensed nurse documented resident states while being changed by a CNA she moved and rolled out of the bed falling out of bed.” The survey are notes that “there were no documented evidence of the floor mats were in place as ordered when the resident fell.”
The state surveyor observed the resident at 6:55 AM on 04/09/2015 while conducting a concurrent interview with a CNA (Certified Nursing Assistant) providing the resident care. The resident “was observed lying in bed; however, there are no floor mats in place on both sides of the resident’s bed.” The lack of floor mats was verified by the Certified Nursing Assistant who was asked why the formats were not in place. The Certified Nursing Assistant responded “the resident did not require floor mats.”
On 04/09/2015 at 7:45 AM, the state surveyor conducted a concurrent clinical record review and interview with the Licensed Vocational Nurse who stated, “he was assigned to care for [the resident]. When asked if the [resident] require floor mats while she was in bed, [the Licensed Vocational Nurse replied] ‘yes, to reduce the resident of injury.” The Licensed Vocational Nurse verified the floor mats were not in place as ordered.
That same day at 9:45 AM, the state surveyor reviewed the concerns with the facility’s Director of Nursing who acknowledged that the doctor’s orders for placement of floor mats was not implemented.”
Our Garden Grove nursing home neglect attorneys recognize that the deficient practice of the nursing staff at Garden Park Care Center might be considered mistreatment or neglect. The deficient practices by the facility failed to follow the established guidelines, procedures and protocols enforced by state and federal nursing home regulators.
WINDSOR GARDENS CARE CENTER OF FULLERTON
245 E Wilshire Avenue
Fullerton, California 92832
A “For-Profit” 99-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Provide Residents a Nursing Home Environment Free of Accident Hazards and Adequate Supervision to Prevent an Avoidable Accident from Occurring
In a summary statement of deficiencies dated 05/06/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “ensure supervision was provided to prevent avoidable accident.” The state investigator also noted the facility’s failure “to implement interventions consistent with the resident’s needs and plan of care, and [a failure to] provide an environment free of accident hazards for [three residents at the facility].”
The deficient practice was noted for three failures including an incident involving a resident who’s “call light was not answered in a timely manner in the resident attempted to go to the bathroom without assistance.” The deficient practice by the nursing staff at Windsor Gardens Care Center of Fullerton “resulted in the resident falling and sustaining minor injuries.”
The state surveyor reviewed the resident’s MDS (Minimum Data Set) revealing “he was cognitively intact. The MDS further show the resident required extensive assistance of one person for transfers, ambulation and toileting.”
The state surveyor conducted a 9:00 AM 04/24/2015 interview with the resident who stated “I fell in the early morning of 04/24/2015 [… when] he turned his call light on for assistance of the bathroom [… stating] the call light was on for approximately 30 minutes; however, it was not answered.” The resident stated, “get episodes of diarrhea could not hold it any longer, so he went to go to the bathroom without assistance [… but] was unable to stand using the side rails of the bed, then grab the corner of the wall; however, he fell.”
After falling, the staff finally came to assist only after “he yelled out for help.” The resident “sustained skin tears to his right forearm and left shin area and had pain in his lower back.”
The state surveyor conducted an interview at 9:30 AM on 04/24/2015 with the Licensed Vocational Nurse providing the resident care. When asked about the falling incident involving the resident, the Licensed Vocational Nurse stated, “she responded to a verbal call from help from [the resident, … who] was on the floor and got up unassisted, but his legs got weak and he fell.” The Licensed Vocational Nurse verified the resident’s “call light was on when she responded to his room; however, she could not stay for how long.”
An assigned Certified Nursing Assistant came to assist the Licensed Vocational Nurse “and was able to assist the resident to the bathroom, then to bed.” The Licensed Vocational Nurse verified the resident “sustained skin tears to the right forearm and left shin, requiring wound care treatment […and that the resident] also complained of lower back pain which was effectively treated with acetaminophen.” The Licensed Vocational Nurse stated “you obtain a physician’s order [to treat the resident’s injuries and that] at the time of the resident’s fall, both she and his assigned CNA were assisting other residents.”
The state investigator reviewed the resident’s Comprehensive Care Plan noting problems addressing the fall that occurred on 04/10/2014 and revised again on 04/15/2015 showing “interventions to keep the call light within reach, resident needed prompt assistance to all requests for assistance, follow fall protocol, needed pillow and low position, needed handrails on the walls and resident/family education regarding safe transfers.”
In a separate incident, the facility failed “to ensure floor mats were placed on both sides the bed” for two residents at the facility. These failures by the facility “posed the risk for residents to have an injury if they fell out of bed.”
Our Fullerton nursing home neglect attorneys recognize that failing to provide adequate staffing members to ensure the needs and requirements of residents are met has the potential placing the resident in harm’s way. The deficient practice by the nursing staff at Windsor Gardens Care Center of Fullerton violates federal and state regulations and does not follow the established procedures and protocols adopted by the facility. These failures might be considered negligence or mistreatment.
THE PAVILION AT SUNNY HILLS
2222 N. Harbor Blvd.
Fullerton, California 92835
A “For-Profit” 300-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Adequately Train the Staff to Utilize Spinal Precautions While Providing a Resident Care
In a summary statement of deficiencies dated 10/07/2015, a complaint investigation was opened against the facility for its failure to “ensure the staff were educated and utilized spinal precautions while providing care of [a resident at the facility].”
The state investigator reviewed the resident’s admission records noting that the resident “underwent back surgery prior to admission to the facility, however, staff did not implement spinal precautions when providing direct care for the resident.” This deficient practice of the facility of failing to provide necessary spinal precautions “placed the resident at risk for potential complications to the surgical site.”
The complaint investigation was initiated after a 07/20/2015 review of the resident’s medical records indicating that the resident “had a laminectomy for lumbar stenosis and was admitted to the facility postoperatively for aftercare rehabilitation.” Investigator reviewed the resident’s MDS (Minimum Data Set) revealing that the resident “was totally dependent on the staff or bed mobility, toileting or bathing […and] required extensive assistance for transfers in and out of bed to a chair and dressing.”
Investigator also review the resident’s like 22,015 Physical Therapy Evaluation and Treatment Plan of Care indicating that the resident “was totally dependent on staff to maintain spinal precautions with bed mobility and transfers […and] had poor sitting balance and spinal precautions were to be utilized.” The resident’s 07/18/2015 Occupational Therapy Evaluation and Treatment Plan of Care revealed that the resident “had generalized muscle weakness required aftercare following his back surgery. Spinal cautions were to be utilized.”
One of the resident’s family members stated that the facility also failed “to use the log roll technique when moving in repositioning [the resident] in bed […and] the resident was not supposed to bend or twisted spine.” The family member indicated “she advised several facility staff about the resident spinal precautions […and] reported this to [the case manager] during an IDT meeting they had attended.” The state investigator noted that IDT notes dated 07/22/2015 show that the IDT “met with the resident’s family members [who] verbalize their concerns about the facility not utilizing spinal precautions when caring for [the resident]. There were no recommendations documented by the IDT regarding the family’s concerns.”
The state investigator conducted a close clinical record review and concurrent interview 11:25 AM on 09/30/2015 with the facility’s Case Manager who confirmed that the resident’s “family members have verbalized concerns about the facility staff not knowing how to log roll the resident […and that the case manager] brought the family’s concerns to a Daily Standup Meeting and was told that [the physical therapist and the Director of Staff Development] were going to provide staff training on how to log roll and use the Hoyer lift (mechanical lift).”
The Case Manager indicated that on the following day 07/23/2015, “the family member came to him in tears, saying the resident was still not being turned correctly (log rolling method)” and that “he reported this to [Director of Staff Development and the Director of Nursing] on 07/22/2015 and again on 07/24/2015.”
An interview was conducted by the state investigator 11:45 AM on 09/30/2015 with the Director of Staff Development (DSD) who confirmed “the facility routinely admitted residents who have had recent back surgery.” Investigator asked the DSD “about staff education and training for spinal precautions.” The Director of Staff Development responded, “the general orientation included mobility skills and [the Physical Therapist] can be asked to provide one-to-one training is needed. The DSD denied hearing any concerns about staff not utilizing spinal precautions for [the resident] during the standup meeting from the [Case Manager].”
When asked where to locate documentation showing the staff were trained by the Physical Therapist in using spinal precautions when providing care to the resident, the Director of Staff Development was unable to provide any documentation.
The state investigator then conducted a 12:20 PM 09/30/2015 interview with the Certified Nursing Assistant providing care to the resident who “denied receiving any special training for residents who had recent back surgery.”
A telephone interview was conducted by the state investigator at 4:27 PM on 10/06/2015 with the facility’s Physical Therapist who “was asked to describe spinal precautions.” The Physical Therapist stated that “this would include no bending, twisting or heavy lifting. She stated the staff must use the logrolling technique when turning the resident from side to side […and] spinal precautions mean you must keep the spine straight whenever sitting, lying down and were getting up.” Investigator then asked the Physical Therapist “if facility staff received training for spinal precautions.” The Physical Therapist responded, “it is proper body mechanics and staff know this from their regular education/training.”
Our Fullerton nursing home neglect lawyers recognize and failing to adequately train the staff to utilize spinal precautions to a resident recovering from spinal surgery has the potential of causing serious harm or injury to the resident. The deficient practice of the nursing staff and Physical Therapist at The Pavilion at Sunny Hills might be considered negligence or mistreatment because the deficient practice fails to follow the established procedures and protocols adopted by the facility.
FOUNTAIN CARE CENTER
1835 West La Veta Avenue
Orange, California 92868
A “For-Profit” 169-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Follow Procedures and Protocols to Report and Investigate Any Allegation of Physical Abuse
In a summary statement of deficiencies dated 12/10/2015, a complaint investigation against the facility was opened for its failure to “ensure complete and timely clinical assessments were conducted for [a resident at the facility] when an allegation of physical abuse was reported.”
The complaint investigation was initiated because “the facility was notified [that a resident] had many victim of alleged physical abuse on 11/20/2015, however:
- The facility failed to show any evidence of clinical assessment had been performed when the abuse allegation was reported.
- The facility failed to show steps [had been] taken on the resident’s behalf on the allegation of abuse was reported.”
Documentation evidence at the facility reveals that the interdisciplinary team (IDT) recommended that the resident’s “wrists, hands and fingers should be monitored every shift for circulation and sensitivity, but the facility failed to show that this had been done consistently.” In addition, the state investigator stated that the facility failed “to show the care plan was revised to show the resident should be monitored every shift as recommended by the IDT.”
The state investigator also noted the facility’s “failure to ensure accurate and timely clinical assessments were conducted [which placed the resident] at risk for unmet physical and/or psychosocial needs and might have had a negative impact on the resident’s health status and/or emotional well-being.”
The state investigator reviewed the 11/28/2015 x-ray report showing that a “contracted vendor took an x-ray of [the resident’s] abdomen.” Additionally, review of the 11/28/2015 facility’s Investigation for Reported Abuse revealed that the resident’s “bilateral wrists were tied with sheets to the right and left side rails of her bed in order for an x-ray to be taken. The investigative file showed [the resident’s] skin alterations were identified and documented; however, it did not show complete clinical assessment had been conducted.”
The surveyor reviewed notes dated 11/28/2015 and 11/30/2015. However, the notes did not reveal “a clinical assessment had been conducted. However, the IDT note dated 12/01/2015 at 2:50 PM showed head to toe assessment done and the resident was able to move her bilateral wrists, hands, and fingers with good circulation and sensation. The IDT’s recommendations included to continue to monitor the resident every shift.” However, reviewing the progress notes dated 11/28/2015 and 11/30/2015 “did not show steps taken on the resident’s behalf when the allegation of physical abuse was reported to the facility.”
A review of the resident’s care plan revealed a 12/01/2015 Care Plan problem on bilateral wrists. The intervention showed to monitor the color, motion and sensitivity of the [resident’s] wrists, hands and fingers. However, it did not show how often the monitoring should be done.”
The state investigator conducted a concurrent clinical record review and interview with the facility’s Assistant Director of Nursing (ADON) who “was asked to locate documentation to show a clinical assessment had been performed on [the resident] when the facility received report of alleged physical abuse.” While the Assistant Director of Nursing “stated she completed a skin check” she “confirmed a clinical assessment had not been done.”
The Assistant Director of Nursing was then asked to “locate documentation to show the facility was aware of the alleged abuse on 11/28/2015 and to locate steps taken on the resident’s behalf when the alleged abuse was reported.” However, the Assistant Director of Nursing “was unable to do so.” The state investigator then asked the Assistant Director of Nursing “to locate documentation to show the resident’s physician and responsible party had been notified of the alleged abuse.” However, the ADON “was unable to do so.”
The Assistant Director of Nursing did locate documentation showing an assessment was performed every shift as recommended by the Interdisciplinary Team on every shift and was able to confirm that a Care Plan problem “had been developed to address the alleged abuse. However, the state investigator then asked the ADON to locate the recommendations on the Care Plan to monitor the resident every shift, but she was unable to do so and confirmed that the Care Plan did not show how often the monitoring should be done.”
Our Orange nursing home neglect attorneys recognize the deficient practice of the nursing staff at Fountain Care Center to report an allegation of abuse could cause additional harm, abuse or injury to the resident. The failure of the nursing staff itself might be considered abuse or mistreatment of the resident and does not follow the established procedures and protocols adopted by the facility including the facility’s 01/25/2015 policy and procedure titled: Abuse Prevention that reads in part:
“When a circumstance of alleged violation occurs, physical and mental assessment of the resident will be initiated and documented.”The Kinds of Neglect Occurring in Anaheim Area Nursing Homes
Not every type of neglect is obvious. Many times, negligence is the result of a lack of medical attention and or nursing care. In many incidences, a member of the staff or other resident will cause the victim physical harm or emotional damage through reckless or intentional actions.
As an example, the elderly individual confined to a wheelchair receiving a lack of proper care might easily develop an avoidable pressure ulcer or bedsore. If the sore is not identified or detected in a timely manner and left untreated, the resident can easily develop a life-threatening wound that compromises muscle, bone and tissue.
The most common types of neglect involve:
- The nursing home staff failing to provide the resident adequate nourishment that results in malnutrition;
- Staff denying or failing to provide the resident adequate hydration through water, juice and other liquids leading to dehydration;
- Making the resident live in filth or unsanitary conditions leading to serious life-threatening wounds, urinary tract infections or other severe health problems.
Many other forms of negligence hurt or harm the resident including poor sanitary conditions and bathrooms, cooking areas are public areas shared by the residential community. Other residents are victimized by a nursing staff that lacks the proper training to administer the medication without drug errors, or facilities that use physical or chemical restraints to control challenging residents who might be cognitively impaired.Hiring Experienced Legal Representation
If you have your suspicions that a loved one is suffering due to neglect, abuse or mistreatment while residing in a nursing facility, the Anaheim nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC can provide immediate legal intervention. Our reputable Southern California nursing home law firm provides a free case evaluation to discuss the merits of your claim for compensation to answer many of your questions that could include:
- “Who can be held legally responsible for what occurred to my loved one in a nursing home?”
- “Does my family and loved one have a winnable case against the nursing staff, administrator nursing home because of what they did?”
- “What do I do if we only suspect that are loved one has been injured through abuse, neglect or mistreatment?”
- “Is there a statute of limitation on the amount of time I can file a complaint or lawsuit against the nursing facility?”
- “Do I really need to hire an attorney to settle my case or present evidence in front of a judge to receive financial compensation?”
We encourage you to contact our law offices today at (800) 926-7565 to schedule your complementary free case consultation today. All accepted cases are handled through contingency fee arrangements. This means all of our legal fees are paid only after we negotiate an acceptable out of court settlement on your behalf or win your case in front of a judge and jury in a lawsuit trial.
For additional information on California laws and information on nursing homes look here.
If you are looking for information on a specific facility or an attorney, please see links below to respective locality pages.