Many individuals in nursing facilities become the victims of mistreatment, neglect or abuse of the hands of caregivers, visitors or other patients. In some cases, the facility is understaffed or staffed with inadequately trained medical professionals, employees, and other personnel. Other times, the patient will develop a life-threatening bed sore or be injured through physical, emotional, mental or sexual assault by others.
If your loved one was mistreated while residing in an Ohio County nursing facility, contact the Kentucky Nursing Home Law Center Attorneys for immediate legal intervention. Our team of lawyers have successfully resolved cases just like yours and can help your family too. Let us begin working on your case today to use the law to hold those responsible for your harm legally and financially accountable.
This Medicare/Medicaid-participating long-term care (LTC) center is a "for profit" 58-certified bed home providing cares to residents of Beaver Dam and Ohio County, Kentucky. The facility is located at:
1595 Us Hwy 231 South
Beaver Dam, Kentucky, 42320
(270) 274-9646
In addition to providing around-the-clock skilled nursing care, Beaver Dam Nursing and Rehab Center offers other services and amenities that include:
The federal government and surveyors in Kentucky have a legal duty to monitor every nursing facility and impose monetary fines or deny payments through Medicare when investigators identify violations of established nursing home regulations. In serious cases, the nursing facility will receive heavy monetary penalties if investigators find the violations are severe and harmed or could have harmed a resident.
Over the last three years, the government imposed a monetary fine of $13,627 against Beaver Dam Nursing and Rehabilitation Center on November 22, 2017, citing substandard care. Also, the nursing home received two formally filed complaints and self-reported one issue that all resulted in citations. Additional information about penalties and fines can be reviewed on the Kentucky Department of Health Care Nursing Home Reporting Website concerning this nursing facility.
Information on every intermediate and long-term care home in the state can be reviewed on government-owned and operated database sites including Medicare.gov and the Kentucky Department of Public Health website. These regulatory agencies routinely update the comprehensive list of safety concerns, health violations, opened investigations, filed complaints, dangerous hazards, and incident inquiries on facilities statewide.
According to Medicare, this facility maintains an overall rating of one out of five stars, including two out of five stars concerning health inspections, one out of five stars for staffing issues and four out of five stars for quality measures. The Ohio County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Beaver Dam Nursing and Rehabilitation Center that include:
In a summary statement of deficiencies dated November 22, 2017, the state investigative team noted the facility's failure to "immediately report potential abuse, neglect, exploitation or mistreatment of the [resident’s].”
The incident involved a Certified Nursing Assistant (CNA) who came into a resident’s “room and told him/her that she had thirty other ‘M*th*r F***ers’ to work with, and she was not letting his/her sh*t get to her anymore in the presence of a Nurse Aide in Training (NAT). However, that NAT did not report the incident immediately to the supervisor, which resulted in [the CNA] providing care to two other residents.”
The investigative team reviewed the facility’s policy titled: Alleged Abuse with potential Neglect/Exploitation Reporting/investigation from 2012 that reads in part:
“Any person who knows or has reasonable cause to suspect that a resident has been or is being abused, neglected or exploited shall immediately report such knowledge or suspicion to their Supervisor, Charge Nurse, designee, or Administrator.”
A review of the resident’s Quarterly MDS (Minimum Data Set) Assessment dated November 4, 2017, revealed that the severely, cognitively impaired resident [according to their Brief Interview for Mental Status (BIMS)) was not interview-able. Additionally, “the resident was assessed to require the extensive assist of total care with activities of daily living (ADLs).”
The surveyors interviewed the resident on November 16, 2017, who revealed that they were “waiting to be assisted up out of bed and placed in his/her wheelchair for a smoke break.” At that time, the resident stated that the CNA had called them an “S*n of a B*itch’ and stated she was tired of fooling with him/her.” The resident also said that they “could not remember if [the CNA] called him/her anything else because he/she got so mad.”
The resident stated that the CNA “was mad when she came to the door and started yanking him/her around, and the new girl was in the room with them.” The surveyors interviewed the Nurse Aide in Training who stated that “she had been on the floor for three weeks and had asked [the allegedly abusive CNA] to help her because she could not use the lift to get [this resident] up for the 4:00 PM smoke break.”
The Nurse Aide in Training said that the CNA “walked into [the allegedly abused resident’s] room and stated she had thirty something ‘M*th*r F***ers’ to take care of and did not know why the resident wanted her.” The Nurse Aide further stated that the allegedly abusive CNA “then got the lift and put [the resident] in the wheelchair and told the resident to wheel themselves down there.”
The allegedly abusive CNA “told the resident he/she was on their own, walked out of the room, and then walked back and stated, ‘seriously, you are on your own time, and less she [the Nurse Aide in Training] takes you. The NAT further revealed that she reported the incident to the Certified Medication Technician (CMT) after she escorted the resident to the smoke porch.”
The Nurse Aide in Training further stated that the allegedly abusive Certified Nursing Assistant “was still on the floor until the Assistant Director of Nursing pulled her off the floor.” The surveyors interviewed the alleged perpetrator (the allegedly abusive CNA) on November 21, 2017, who said that “she had [gone] to [the resident’s room when the resident] started yelling and rolling his/her eyes because it was ten minutes until the smoke break.”
The allegedly abusive CNA stated that “she told the resident she was not dealing with his/her sh*t anymore and got the resident up with the lift and placed him/her in the wheelchair, then went and told the resident that the NAT would take him/her to the smoke break.”
The allegedly abusive Certified Nursing Assistant “further revealed she did not consider the interaction wrong but did not consider it abuse because any abuse should be reported immediately.” The survey team interviewed the Certified Medication Technician that same day who confirmed that the Nurse Aide in Training had told her about the incident.
An interview with the Licensed Practical Nurse (LPN) also confirmed the incident. The LPN stated that the Certified Medication Technician, the Nurse Aide in Training, and the resident “had a smoke break about fifteen minutes long [before] reporting it to her and that any alleged abuse must be reported immediately.”
A different Certified Nursing Assistant stated that if abuse “was seen, they would make sure residents were safe and report [the incident] to supervisors.” The facility Director of Nursing revealed that “she expected abuse to be immediately reported and that an Aide should not be allowed to go to another resident’s room after such an incident.” The facility Administrator said that “she expected abuse to be reported immediately.”
In a summary statement of deficiencies dated November 22, 2017, the state investigator documented the facility’s failure to “implement the abuse policy related to preventing further potential abuse, neglect, exploitation, or mistreatment of [residents].” The incident involved a verbally abusive event involving one resident and a CNA at the facility as documented above.
The survey team stated that on September 28, 2016, the resident “was sent to the hospital and identified to be in poor condition (odor of old urine, one-half inch of crust around [their medical device], eyes matted shut, dried substance in facial hair growth of one-half to one inch, and greasy hair). The staff neglected [the resident] by not ensuring the resident received bathing, hygiene, and care.”
The surveyors reviewed the facility’s policy titled: Alleged Abuse with Potential Neglect/Exploitation Reporting/Investigation from 2012 and the facility policy titled: Resident’s Rights – Federal and State that read in part:
“The facility is to provide an environment that promotes dignity and respect for residents and that prohibits abuse or neglect. Neglect is the failure or omission on the part of the caregiver to provide the care, supervision, and services necessary to maintain the physical and mental health of the elderly person, including clothing, supervision, and medical services that a prudent person would consider essential for the well-being of the elderly person.”
“The health care center must provide and promote the rights of each of its residents. Personal needs: each resident [always] has a right to be suitably dressed [and] given assistance when needed when maintaining body hygiene and good grooming. The facility must care for the resident in a manner and in an environment, which permits maintenance or enhancement of the residents’ quality of life.”
In a summary statement of deficiencies dated November 22, 2017, the state investigative team noted that the nursing home had “failed to ensure medication was administered according to professional standards of practice.” The deficient practice by the nursing staff involved one resident.
The surveyors stated that on August 26, 2017, a Licensed Practical Nurse (LPN) “failed to ensure [that a resident] received the right medication according to the Physician’s order.” The resident “was ordered to receive [anti-infective Ophthalmic] eyedrops three times every day for five days.” However, the LPN “failed to administer the right medication and applied [nail lacquer to the resident’s] left eye, resulting in corneal abrasion.
The survey team reviewed a resident’s Progress Note dated August 26, 2017. The note was written by the LPN who stated that they had “grabbed a box from the door of the medication cart.” The LPN “then went into [the resident’s] room and administered topical nail lacquer (belonging to another resident] into [the resident’s] left eye instead of the [medication prescribed by the Physician].”
Surveyors reviewed a telephone order documented on the same day that the resident “was sent to the emergency room for evaluation of the left eye.” A review of the Hospital Emergency Room Record from that date at 11:45 PM revealed that the resident’s “eye was noted to be red, swelling, pain, burning, and matting.”
The Emergency Room Encounter Record from the same date revealed that the facility called the Poison Control Center for instructions on how to treat the damage done using irrigation of normal saline, tetracaine drops to the left eye and an order for other medications. An ophthalmologist reported that they had provided treatment to the damaged cornea and said that the “treatment was for a cornea that was not clear (like a chemical burn) and at the time it would have been pretty painful.”
The surveyors interviewed the LPN on November 21, 2017, who revealed that “she grabbed the medication that she thought was eyedrops from the medication cart but did not check to ensure it was the right medication. She stated she pulled [the resident’s] left eyelid down and put the medication in the eye.”
During an interview with a Registered Nurse (RN) at the facility, it was revealed that “the nurses should go through the five rights of medication administration (right drug, right dose, right patient, right route, and the right time) [before] administering the medication to a resident.” The facility Director of Nursing said that “she expected the nurses to use the seven rights of medication administration that were not quoted by the Director of Nursing include the right drug, right reason, and right documentation).”
Was your loved one injured or did they die prematurely while living at Beaver Dam Nursing and Rehabilitation Center? If so, contact the Kentucky nursing home abuse and neglect lawyers at Nursing Home Law Center at (800) 926-7565 now for immediate legal intervention. Our network of attorneys fights aggressively on behalf of Ohio County victims of mistreatment living in long-term facilities including nursing homes in Beaver Dam. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim.
Our skillful attorneys have successfully resolved many victim cases involving nursing home abuse and neglect. We can work on your behalf to ensure your family receives the financial compensation they deserve. Our lawyers accept all cases involving wrongful death, nursing home neglect, or personal injury through a contingency fee agreement. This arrangement postpones making upfront payments for our legal services until after we have successfully resolved your compensation claim through a negotiated settlement or jury trial award.
Our network of attorneys offers every client a “No Win/No-Fee” Guarantee, meaning you will owe us nothing if we are unable to obtain compensation to recover your family’s damages. We can begin representing you in your case today to ensure you receive adequate compensation for your damages. All information you share with our law offices will remain confidential.
Sources:
Attorney Carey Acerra
Licensed in Kentucky
Chicago Nursing Home Injury Attorney Nursing Home Law Center LLC Home