Bakersfield California Nursing Home Abuse Attorneys
The number of cases involving elder abuse, nursing home neglect and mistreatment has grown at an alarming rate over the last few decades. Because of that, the Bakersfield nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have dedicated their practice to serve as legal advocates for every resident living in an assisted living home, nursing facility and rehabilitation center throughout California.
More than 880,000 residents live within the boundaries of Kern County and nearly half of those within the city limits of Bakersfield. Nearly one out of every 10 residents are 65 years or older, and many of those live in nursing facilities throughout the local community. The number of elders in the county has risen over the last few decades as more baby boomers have retired in recent years.
The significant rise in the number elders within Kern County causes serious problems in nursing facilities that lack adequate staff to provide quality care to every resident. As a result of overcrowding and understaffing, the number of cases involving abuse, neglect and mistreatment has increased substantially.Bakersfield Nursing Home Resident Health Concerns
Our California elder abuse firm longs for the day when no more residents become victims in nursing home abuse and neglect cases involving corporations placing profits over the health and hygiene needs of their residents. Until that day, our law firm continuously reviews national databases outlining filed complaints, opened investigations, health concerns and safety issues at facilities all throughout the state. Many individuals use this information gathered from national databases including Medicare.gov as a valuable tool in making informed decisions of where to place a loved one who requires the best care available in their local community.Comparing Bakersfield Area Nursing Facilities
Our Kern County nursing home neglect attorneys have posted the results of our findings below listing the Bakersfield area nursing facilities currently maintaining substandard ratings compared to facilities all throughout the United States. In addition, our law firm has added our primary concerns detailing specific cases involving mistreatment, neglect and abuse. Some events, incidences and unacceptable behavior of staff and other residents have caused actual harm or death of residents in nursing facilities in the area.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
VALLEY CONVALESCENT HOSPITAL
1205 8th Street
Bakersfield, California 93304
A “For-Profit” 87-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Take Steps Necessary to Protect Every Resident and Employee from Sexual Assault
In a summary statement of deficiencies dated 09/17/2015, a complaint investigation was opened against the facility for its failure to “supervise and monitor [a resident who required ongoing supervision].”
The complaint investigation was initiated by the resident’s responsible party when revealed during an interview at 11:45 AM on 09/09/2015 that the facility had called them and said, “my mom’s breasts was allegedly touched by a male resident.”
The state investigator conducted an interview later that day at 1:35 PM with the facility’s Certified Nurse Assistant in charge of providing the resident care who stated, “I saw [the male resident] touching [the female resident’s] breast.” Less than an hour later at 2:05 PM, the investigator conducted an interview with the facility’s Director of Nursing who stated, “I was called by a charge nurse, a CNA witnessed the resident placing his hand on [the female resident’s] breast.”
The surveyor conducted the investigation and reviewed the female resident’s MDS (Minimum Data Set) that indicated “she has short and long-term memory problems […and] her cognitive skills for daily decision-making were severely impaired.” A review of the male resident’s MDS revealed that the resident’s Brief Interview for Mental Status (BIMS) used as an indicator to detect cognitive impairment revealed a score of 11 indicating the resident was “moderately cognitively impaired.”
A review of the 08/03/2015 License Nurse Notes indicated that the CNA “reported to the nurse that while she was changing [the male resident], he touched her breasts and buttocks and said that feels good.” Later in the day, that Certified Nurse Assistant and another Certified Nurse Assistant went into the male resident’s room to change the resident at 6:45 PM when the male resident “grabbed her again.”
A review of the resident’s care plan “on behavioral symptoms under Problem read: Resident touched the staff inappropriately on 08/03/2015. Objective/Goals: No inappropriate behavior [within] 90 days.” The 09/05/2015 Care Plan titled Short Term Problem reads: “Inappropriate sexual behavior.”
The investigator conducted a 09/16/2015 9:30 AM interview with the second Certified Nurse Assistant who stated “I was changing the person […and] it happened two times in one day […and] the first time he grabbed my breast and smacked my butt. The second time, [a third CNA] was with me and [the male resident] tried to do it again.”
Our Bakersfield nursing home abuse attorneys recognize that any failure to provide adequate protection so that every resident and nursing employee is free from sexual assault in the nursing home might be considered additional abuse or mistreatment. The deficient practice of the nursing staff to take appropriate measures to ensure everyone remains safe against sexual abuse fails to follow established procedures and protocols adopted by Valley Convalescent Hospital including their policy and procedure titled: Abuse Prevention Policy that reads in part:
“Each resident shall be free from any form of abuse. Residents must not be subjected to abuse by anyone, including but not limited to facility staff, other residents. Facility will identify, correct and intervene in situations which abuse is more likely to occur.”
BAKERSFIELD HEALTHCARE CENTER
730 34th Street
Bakersfield, California 93301
A “For-Profit” 150-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Provide an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent Avoidable Accident from Occurring
In a summary statement of deficiencies dated 03/02/2015, a complaint investigation was opened against the facility for its failure to “provide adequate assistance for [a resident at the facility] while using a mechanical lift (used for transfer of residents). This deficient practice of the nursing staff resulted in the resident “having a fall which resulted in multiple fractures; femur (thigh bone), humerus (long bone of the arm) and iliac crest (top of the hip bone) that required surgery.”
The complaint investigation involved in interview and observation happening concurrently with the facility’s Administrator at 2:45 PM on 11/12/2014 when the Administrator stated that the resident “was still in the hospital. He called to medical records for a clinical record [… stating the resident] has her own sling for the lift […and] the sling was a blue full body mesh with all straps intact.” The Administrator indicated that “during our investigation, we found there was nothing wrong with the lift. It was operator error.”
The surveyor conducted the investigation review the resident’s clinical record that revealed the resident “is alert, makes her own decisions and needs extensive assistance with her activities of daily living (ADL). However, the resident’s 07/15/2014 Fall Risk Evaluation indicates that the resident scored 18 where a score of 10 or higher determines that the resident “is at risk, interventions should promptly be put in place.”
A review of the resident’s 07/14/2015 Care Plan Fall/Injury indicate “risk factors: impaired balance and unsteady gait, poor muscle coordination, weakness, underlying health problems. Interventions: assist resident in ADL (activities of daily living), anticipate needs.”
The state investigator then conducted a 11/12/2014 3:15 PM interview with the facility’s Licensed Vocational Nurse (LVN) who revealed “she entered the room to assist [the resident’s] roommate [… stating that they saw the CNA with the resident and the resident] was laying down in the shower chair. All of a sudden I heard a loud voice and [the resident] screamed. I looked and she was on the floor.” The state surveyor asked the Licensed Vocational Nurse if the CNA “requested her to help with the lift.” The LVN replied, “she didn’t ask for any help with the lift.”
In a subsequent interview occurring on 12/22/2014 at 4:25 PM the CNA involved in the incident stated “the resident told me to put the sling on backwards […and] I did what I was asked.” The CNA said when “she was picking up the resident with the lift she slipped from the sling and fell back to her left side.” The Certified Nurse Assistant indicated that she had used the lift before.
The state investigator asked the CAN if “she is supposed to follow the resident’s instructions instead of how she was trained.” The Certified Nurse Assistant stated, “I’m aware that I didn’t use it properly, but she was alert and that’s how she wanted it.” The Certified Nurse Assistant also said that she was well aware that the lift requires two people to use the device when lifting the resident.
An interview was conducted with the facility’s Assistant Director of Nurses at 3:30 PM on 12/03/2014 who confirmed that two people should always be using the lift. The investigator then reviewed the facility’s training log sign in sheet involving accident safety measures occurring on 09/08/2014 and transfers via two person assist Hoyer lift on 10/14/2014. The sign in sheet indicated that the CNA involved in the event causing the resident harm in serious injury did not attend the training.
Our Bakersfield nursing home neglect attorneys recognize the failing to follow procedures and protocols when using devices including a lift has the potential of causing serious harm or injury to the resident. The deficient practice by the nursing staff at Bakersfield Healthcare Center might be considered negligence or mistreatment because the failure caused the resident serious injuries.
GOLDEN LIVINGCENTER – BAKERSFIELD
3601 San Dimas
Bakersfield, California 93301
A “For-Profit” 99-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Take All Necessary Steps to Protect Every Resident from Abusive Incidents Resulting in Harm
In a summary statement of deficiencies dated 10/02/2015, a complaint investigation was opened against the facility for its failure to “protect one [resident] from verbal abuse which resulted in emotional harm.”
The complaint investigation was initiated in part due to a 2:01 PM 09/21/2015 interview with a resident at the facility who indicated that a Certified Nursing Assistant “was giving me a shower, he made a comment ‘when are you going to drop (the stomach)’.” The resident indicated that she said “what” before telling him “that was not nice. I’m not feeling good that day so I cried. He finished my shower and brought me back to his room. He then said, ‘you’re too big in the room, for the two of you’. He started to laugh and then I cried. He said, ‘oh missy I’m just kidding’. I told him, ‘no, you insulted me’. I think his comment was totally inappropriate.”
The state surveyor conducting the investigation interviewed the CNA involved in the incident at 2:40 PM on 09/21/2015 who stated, “I gave a joke to [the resident] when it (her belly) is due. I didn’t know I offended her. She told me ‘shut up’.”
The investigator conducted a review of the resident’s 06/21/2015 Minimum Data Set with Assessment Reference Date (ADR) that revealed the resident had a Brief Interview for Mental Status (BIMS) score of 15 indicating her memory is intact.
Our Bakersfield nursing home abuse lawyers recognize the failing to protect every resident from an abusive incident that results in harm could be seen as additional abuse or mistreatment. The deficient practice of the nursing staff at Golden Living Center – Bakersfield violates state and federal regulations and the established procedures and protocols adopted by the facility including their policy titled: Investigation and Reporting of Alleged Violations of Federal and State Law as Involving Mistreatment, Neglect, Abuse and Injuries of Unknown Source and Misappropriation of Resident’s Property that reads in part:
“Verbal Abuse: any use of oral, written or gestured language that willfully includes disparaging and derogatory terms to residents. Or within hearing distance, regardless of their age, ability to comprehend or disability… It is the policy of the company to take appropriate steps to prevent occurrence of abuse.”
PARKVIEW HEALTHCARE CENTER
329 North Real Road
Bakersfield, California 93309
A “For-Profit” 184-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Provide Adequate Protection to Ensure Every Resident Is Free from Abuse
In a summary statement of deficiencies dated 01/22/2016, a complaint investigation was opened against the facility for its failure to “protect [1 resident at the facility] from physical and verbal abuse” that resulted in mental anguish.
The complaint investigation involved a concurrent interview and observation on 12/29/2015 at 2:30 PM with a resident at the facility who was noted as “lying in bed, awake. The staff member was in the room providing care to [the resident]. When the staff member began to leave, [the resident] began to cry and beg the staff member not to leave her. The staff member stated she would be nearby and [the resident] can use or call light if she needed anything.”
The staff member then left the room when the resident was asked by the state investigator “about the incident on 12/24/2015 with the Certified Nursing Assistant (CNA).” At that point, the resident “began to cry and shake and stated, ‘I tried to make conversation with her (the CNA). She came up and grabbed my face (resident indicated with her hand [that the CNA] grabbed her chin area) and said I was mean to her and ‘so evil’. I’m not evil! I was just trying to make conversation. I was so afraid of her. I just want to go home.”
The state investigator reviewed the resident’s 12/09/2015 Minimum Data Set with Assessment Reference Date (ADR) revealing the resident’s Brief Interview for Mental Status (BIMS) returned a score of 12 out of 15, where any score between eight and 12 “means the resident is moderately cognitively impaired.” In addition, the MDS (Minimum Data Set) revealed that the resident “has the capacity to make general daily decisions.”
The state investigator reviewed the resident’s clinical records including the 12/24/2015 8:05 AM Change of Condition Report “indicated after [being] informed of allegation of abuse by [the night shift Certified Nursing Assistant] body assessment [was completed with focus to face as [the resident] indicated CNA held her jaw and told her she was evil and mean.”
A further review of the same resident’s clinical records detailing the Social Service Progress Notes indicate that the facility’s Social Services Director (SSD) “was called to the room of the resident to discuss a concern. Upon entering the room, resident became real nervous and stated ‘I don’t want to say anything’.” The Social Services Director “reassured resident she was safe. The resident then stated ‘the night the CNA was mean to me, she grabbed my face with her hand and told me in a mean voice I was mean’.” The resident then told the Social Services Director “please don’t tell the CNA she said something until she goes home” indicating she was fearful of the CNA “coming back for her.”
Our Bakersfield nursing home neglect lawyers recognize the failing to provide adequate protection that ensures every resident is free from abuse as a potential causing further abuse or mistreatment of the resident. The deficient practice by the nursing staff at Parkview Healthcare Center fails to follow the established procedures and protocols adopted by the facility including their 2013 procedure and policy titled: Abuse and Neglect Prevention Standard that reads in part:
“The resident has the right to be free from verbal, sexual, physical and mental abuse. Residents must not be subjected to abuse by anyone, including, but not limited to, facility staff.”
THE REHABILITATION CENTER OF BAKERSFIELD
2211 Mount Vernon Avenue
Bakersfield, California 93306
A “For-Profit” 160-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Ensure Every Resident Remains Safe and Free from Serious Medication Errors
In a summary statement of deficiencies dated 01/19/2016, a complaint investigation against the facility was opened for its failure to “ensure [a resident at the facility] receive a physician’s ordered medication.” The deficient practice “resulted in behavioral changes and hospitalization for [the resident].”
The complaint investigation was initiated in part after a 12/23/2015 8:44 AM interview with the resident’s family member indicating that the resident “was admitted to the facility […and] given a list of medications.” The family member indicated that the resident was taking medication for “over eight years and did very well on it.” The resident’s doctor had told her she “couldn’t stop taking it. She hasn’t been the same since [the facility] took her off of [her medications].”
The state surveyor noted that the physicians’ “handwritten order had an X crossed through it.” The investigator reviewed the resident’s 10/20/2015 Physician and Telephone Orders that indicated DC (discontinue) medications along with clarification of existing orders.
A review of the resident’s October 2015 MAR (Medication Administration Record) reveal that the resident “received one of three doses of [their medication] on 10/20/2015 before the medication was discontinued and three doses of [another medication] on 10/31/2015, when the medication was reordered.” The MAR (Medication Administration Record) also reveals that the resident “missed 10 full days of medication or total of 38 doses missed. The resident’s 6:00 PM 10/31/2015 Nurse’s Notes revealing that one medication was discontinued on 10/20/2015.
However, by 11/25/2015, the resident’s Resident Transfer Form indicated the resident “was transferred to an acute care hospital for [their medical condition noting] problem: aggressive behavior, hallucinations, false accusations, yelling and screaming at the hallway, crying, refuse basic care, refuse medications, striking out, manipulative. Additionally, notations indicate that the one medication was discontinued on 10/20/2015 by mistake and was able to clarify the order with the physician by 10/31/2015.
The state investigator conducted a 9:58 AM 12/24/2015 interview with the facility’s Director of Nursing who verified the resident’s medication “was mistakenly discontinued by [a nurse at the facility, stating that the nurse] was supposed to discontinue [a different medication].”
The surveyor notes that the manufacturer’s information involving the medication indicates “Do Not Stop Taking [the medication] without first talking to a healthcare provider [… because] stopping the medication suddenly can cause serious problems.”
Our Bakersfield nursing home neglect lawyers recognize that failing to follow procedures and protocols when administering medications could place the health and well-being of the resident in immediate jeopardy. The deficient practice by the nursing staff at the Rehabilitation Center of Bakersfield might be considered mistreatment or negligence because the failure to appropriately administer medications per doctor’s orders does not follow the established procedures and protocols adopted by the facility including the 01/01/2012 policy and procedure at the facility titled:
Physician’s Orders that reads in part:
“The Medical Records Department will verify that physician’s orders are complete, accurate and clarified. A licensed nurse will record telephone orders on the telephone order sheet with the date, time and signature of the person receiving the order. The Medical Record Department staff mails an original copy to the physician promptly for signature. The order is transcribed onto the physician’s order form at the time the order is taken.”Protecting a Loved One Against Nursing Home Neglect and Abuse
The easiest way to ensure that a loved one is not harmed, neglected or abused while residing in a nursing facility is to visit the nursing home first. Taking a tour of the premises talking to other residents and families and reading state reports and national findings can help. Touring the establishment will allow the family to notice any unusual odor or hazardous area such as cluttered hallways, overfilling trash receptacles or unsanitary conditions.
It is essential to ask if there are specific visiting restrictions during certain times of the day including mealtime or evenings. Many facilities in the area are recognized as “restraint free” homes where alternative interventions help to manage the health and hygiene care of residents.
It is essential to understand the “staff to resident” ratio to ensure that there is adequate staffing on hand at all times, especially during the evening, overnight, on weekends and holidays. Performing a careful analysis of the nursing facilities the family is considering can minimize the potential of a loved one being neglected, abused or mistreated in an overcrowded or understaffed facility.What to do
If you suspect your loved one is being victimized by abuse, neglect or mistreatment while residing in a facility, The Bakersfield nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC can help. Our experienced Kern County elder abuse attorneys gather evidence to build a strong case for financial recompense. We have immediate access to every necessary resource and legal expert to ensure a successful outcome of your nursing home claim or lawsuit against those responsible for causing your loved one harm.
Speaking with an attorney is the easiest way to understand every legal option available to you and your loved one. Schedule your free, no obligation full case review by calling our California elder abuse law offices at (800) 926-7565 today. All cases involving nursing home neglect, personal injury abuse or wrongful death will be accepted on a contingency fee arrangement. This means all of our legal fees are paid only at the conclusion of a successful jury trial or after we have negotiated your acceptable out of court settlement.
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.