legal resources necessary to hold negligent facilities accountable.
Families are often overwhelmed when placing an elderly loved one in a nursing home or an assisted living center. The heart-wrenching decision requires thorough research and investigation into how the nursing facility provides care to the loved ones in the community. There are an estimated two million senior citizen nursing home residents victimized every year through abuse, neglect, and mistreatment in nursing homes. This shocking statistic involves physical, sexual, and mental abuse along with sexual assault, neglect, mistreatment and financial exploitation. The South Carolina Nursing Home Law Center Attorneys at 800-926-7565 can help you determine if you have a valid legal claim for compensation if your loved one was harmed in a nursing home or an assisted living center.Bayview Manor
This facility is a 'for profit' corporate 170-certified-bed Nursing Center providing cares and services to residents of Beaufort and Beaufort County, South Carolina. The Medicare/Medicaid-participating Nursing Home is located at:
11 Todd Dr.
Beaufort, SC 29901
Bayview Manor provides residents with care and services including subacute care, restorative care, and short-term rehabilitation. The facility also offers physical, speech and occupational therapies.Financial Penalties and Violations
Federal investigators penalize nursing facilities with monetary fines and denied payment for Medicare when the nursing home has been cited for serious violations of rules and regulations. Within the last three years, Bayview Manor has been fined twice by the government including a $2500 fine on June 16, 2016, and a $7294 fine on February 16, 2018. Additional documentation concerning fines can be found on the South Carolina Department of Health and Environmental Control Website concerning Bayview Manor.Beaufort South Carolina Nursing Home Resident Safety Concerns
Both the federal government and state of South Carolina routinely update their nursing home comparison websites including Medicare.gov with comparative information through a star rating summary system. This data provides a quick look at the effectiveness of the facility and how they provide hygiene care and health services to its residents. Currently, according to Medicare, the facility maintains an overall rating of one out of five stars, including one out of five stars concerning health inspections, one out of five stars for staffing issues and four out of five stars for quality measures.
However, the attorneys at the Nursing Home Law Center have identified numerous safety concerns and health violations at Bayview Manor, including:
- Failure to Protect Every Resident from All Forms of Abuse Including Physical, Mental, Sexual Abuse, Physical Punishment and Neglect
In a summary statement of deficiencies dated February 16, 2018, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility's failure to "ensure [a resident] was free from neglect; the resulted in harm for [one resident] reviewed for neglect." The surveyor's findings involved a review of a report concerning "an improper transfer to the State Agency for [one resident by a Certified Nursing Assistant]." The report indicated that a "staff member admitted to not following the facility's established policies and procedures for properly transferring residents and was terminated for his/her actions that resulted in harm of [a resident]."
Investigators interviewed the facility Medical Director and Assistant Director of Nursing near dinner time on February 15, 2018 and discussed "what the role of each party was concerning the incident that occurred resulting in [the resident's] right hip being fractured." The Assistant Director stated that it was their role "to investigate how the fall occurred." The Assistant Director "completed the incident report, obtained witness statements, spoke with the Nurse on Duty and to the Certified Nursing Assistant (CNA) working with the resident at the time." The Assistant Director stated that the resident could not use their arms and helping with the transfer of the Certified Nursing Assistant and that "without that assistance, the resident would lose balance." The Assistant Director "determined the facility's policies have been breached, the CNA was terminated for improper transfer the resident that resulted in serious bodily injury."
The Medical Director stated that the "on-call doctor was notified of the incident" approximately two hours after the injuries occurred and stated that the "resident's transfer status change after the hospital stay following the fracture." The Medical Director said that the "resident had been in the facility for many years and had never had usage of [their] lower extremities, with atrophic legs and no muscle tone." The surveyor reviewed the facility's revised Abuse Prohibition/Investigative Policy that read in part:
"The facility will prohibit abuse, neglect, misappropriation of resident property, and exploitation."
"Neglect is the failure of the facility, its employees or service providers to provide goods and services to a resident that are necessary to avoid physical harm, pain, mental anguish or emotional distress."
The facility identified actions to prevent such incidents including "developing a care plan identifying appropriate intervention to prevent occurrences."
- Failure to Ensure the Residents Receive Proper Treatment to Prevent the Development of a New Bedsore or Allow Existing Bedsores to Heal
In a summary statement of deficiencies dated November 11, 2016, the state investigators documented that the facility had failed to "provide the necessary care and treatment to promote healing and to prevent infections for [two residents at the facility] observed with pressure ulcers. During pressure ulcer treatment on [two residents], the licensed staff member was observed to wipe down and through the residents' wound beds."
The Licensed Practical Nurse (LPN) was observed providing pressure ulcer treatment and that "during the cleaning of the wound to use gauze saturated with wound cleanser and wiped down the entire wound bed." The LPN continued by using more gauze saturated with wound cleanser and wiped in a circular motion around the outside of the wound." During a different observation, the same Licensed Practical Nurse "was observed during the cleaning of the wound to cleanse across the wound bed using gauze saturated with wound cleanser." The LPN "continued to clean on the outside of the wound using more gauze saturated with wound cleanser."
The investigators reviewed the facility's policy titled: Dressing, Dry/Clean that guided the nursing staff on how to cleanse a wound including:
"Use a syringe to irrigate the wound, if ordered. If using gauze, use a clean gauze for each cleansing stroke. Clean from the least contaminated area to the most contaminated (usually, from the center outward).
The surveyor's interview the Licensed Practical Nurse who stated that "prior to performing the wound care, [they] inquired about the cleansing of the wound and it was [their] understanding [they] could cleanse the resident's wound as observed."
- Failure to Provide and Implement an Infection Protection and Control Program
In a summary statement of deficiencies dated February 16, 2018, a state investigator opened the complaint against the facility for its failure to "implement water system infection control risk assessment that would affect 152 residents residing in the facility. Water heaters are not flushed monthly and no documentation for nightly cleaning off the continuous positive airway pressure machines."
The investigators reviewed and updated Water System Infection Control Risk Assessment that states that "machines are to be cleaned nightly and water heaters are to be flushed monthly." The investigators interviewed the Maintenance Director who confirmed that they were unable to "provide documents for the cleaning of the water system infection control risk."
In a summary statement of deficiencies dated November 11, 2016, a notation was made by a state investigator concerning the facility's failure to "maintain an infection control program designed to provide a safe and sanitary environment and help prevent the development and transmission of disease and infection. During observation of the laundry, soiled items were not contained in bags upon delivery to the laundry; two clean laundry carts were stored in the soiled side with the washers. During the loading of the washer, soiled items were observed touching the outside of the machine. Housekeeping staff was observed not utilizing infection control procedures."
The state investigator also noted that "after pressure ulcer treatment, staff was observed to gather trash and exit rooms without washing hands." Two observations of the biohazard barrels show that they were "filled and unable to close completely."
An observation was made of a Licensed Practical Nurse on the morning of November 9, 2016, who removed their "gloves, washed hands, donned gloves, collected trash in a red bag, removed gloves and gowns, and exited the room without washing hands after the removal of PPE [Personal Protective Equipment]. At the time of the observation, [the resident] was on contact precautions related to Clostridium difficile." The investigator reviewed the facility's policy titled: Using Gloves that stated:
"Gloves should be used when cleaning potentially contaminated items and whenever in doubt."
- Failure to Provide Residents an Environment Free of Accident Hazards
In a summary statement of deficiencies dated November 11, 2016, a state surveyor opened a formal complaint against the facility for its failure to "provide the care and services necessary to prevent accidents." The deficient practice by the nursing staff involved one resident at the facility who was "reviewed for accidents. The facility failed to provide a fall mat as ordered for [the resident]." The state investigator reviewed the resident's October 28, 2016, Care Plan that revealed the patient was at "risk for falls… interventions to address this area included a fall mat to the floor. Review of the Nurse's Aide Information Sheet indicated the resident was to have a fall mat to the floor when in bed."
The investigators reviewed the November 9, 2016, Daily Skilled Nurse's Notes at 1:45 PM indicating that the resident "received therapy related to unsteady gait. An observation of the resident on the afternoon of November 11, 2016, revealed that there was "no fall mat observed in the room. Observation on November 11, 2016, at approximately 1:50 PM with a Certified Nurse's Aide (CNA) revealed the same finding. When asked about a fall mat on the floor, [the CNA stated that the resident] did not have a fall mat and stated that the resident had never had a fall mat."
The next day, the surveyor completed their observations and interviews with the Certified Nursing Assistant. At that time, the "unit nurse manager informed the surveyor that staff called the resident's physician and received an order to discontinue the fall mat. The nurse manager stated that the resident had improved with [their] mobility." A clarification order identified that the fall mat could be discontinued next to the bed when the resident was in bed and was showing improvement to the mobility. The document reveals that the resident continues with "safety unawareness and unsteady gait."
- Failure to Store, Cook and Serve Food in a Safe and Clean Way
In a summary statement of deficiencies dated November 11, 2016, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility's failure to "follow proper sanitation of food handling practices." The deficient practice by the employees at Bayview Manor "has the potential for affecting all residents with prescribed therapeutic diets."
The state investigators conducted an initial tour of the kitchen on the late morning of November 7, 2016 and noted two damaged plate covers stored on the rack with food particles. Additionally, the Assistant Dietary Manager in the kitchen "was observed without a hair restraint." Later that afternoon, a dietary aide "was observed with a hair restraint which did not capture all of the dietary aide's hair." An observation of the kitchen on November 9, 2016, in the late afternoon with the Assistant Dietary Manager, revealed there was:
"(1) Nonfat Dry Milk Crystals opened with no date;
(1) Package of macaroni Noodles opened with no date and not sealed completely;
(2) Eight pack hotdog bun packages opened no date;
(1) A loaf of bread opened with no date;
(1) A 5-pound container of black pepper open [and] not dated with an area that was matted as if moisture had entered the container.
(1) 6-pound 10 ounces dented can of spaghetti sauce;
(1) 1-pound jar of chicken base paste open [and] not dated;"
The Nursing Home Law Center at 800-926-7565 represent victims of abuse, mistreatment, and neglect who now reside or have resided in South Carolina long-term care facilities including Bayview Manor. Was your loved one injured or did they die unexpectedly from neglect or abuse while living in any nursing home in South Carolina? If so, we invite you to contact the Beaufort nursing home abuse lawyers at Nursing Home Law Center (800) 926-7565 today to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim. Let us fight aggressively on your behalf to ensure your rights are protected.
The attorneys accept all personal injury claims, nursing home abuse suits, medical malpractice cases, and wrongful death lawsuits through contingency fee agreements. This agreement will postpone payment of our legal services until after our lawyers have resolved your case through a negotiated settlement or jury trial award. Our law firm provides every client a "No Win/No-Fee" Guarantee. This guarantee means if our legal team is unable to obtain compensation on your behalf, you owe us nothing. Let us begin working on your case today to ensure your family is adequately compensated by those responsible for causing your loved one harm. All information you share with our law offices will remain confidential.