Do you suspect that your loved one is being mistreated or neglected while residing in a Pueblo County nursing facility? If so, contact the Colorado Nursing Home Law Center attorneys for immediate legal intervention.
Our team of lawyers has experience in handling cases like yours and can help your family too. If your loved one has been mistreated at Belmont Lodge Health Care Center, contact our Colorado nursing home abuse lawyers so we can begin working on your case today to ensure your family receives adequate monetary compensation to recover your damages. We will use the law to protect your rights.
This long-term care (LTC) facility is a "for profit" 120-certified bed long term care center providing cares and services to residents of Pueblo and Pueblo County, Colorado. The Medicare/Medicaid-participating home is located at:
1601 Constitution Road
Pueblo, Colorado, 81001
(719) 562-7200
Both the federal government and the state of Colorado have the legal responsibility to levy monetary fines or deny payments through Medicare if a nursing home has violated established rules and regulations that harmed or could have harmed residents. Typically, the higher the monetary penalty, the more egregious the citations, violations, and injuries.
Within the last three years, nursing home regulatory agencies have imposed three heavy monetary fines against Belmont Lodge Health Care Center citing substandard care. These penalties include a:
These fines totaled $320,314. Also, Medicare denied payment for services rendered on May 4, 2017, October 12, 2016, and December 8, 2015.
The nursing home received four formally filed complaints that all resulted in citations. Additional information about penalties and fines can be reviewed on the Colorado Department Of Public Health an Environment Department of Public Health Website concerning this nursing facility.
To ensure families are fully informed of the services and care that every long-term care facility offers in their community, the state of Colorado routinely updates their comprehensive list of filed complaints, safety concerns, opened investigations, health violations, incident inquiries and dangerous hazards of homes statewide. This data is posted on Medicare.gov. This information can be used to make an informed decision before placing a loved one in a private or government-run facility.
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 Pueblo County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Belmont Lodge Health Care Center that include:
Failure to Provide Every Resident an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent Avoidable Accidents
In a summary statement of deficiencies dated May 24, 2018, a state surveyor documented that the facility had failed to “provide an environment free from accident hazards and risks as possible [for two of four residents] reviewed for accidents.”
The surveyors stated that “specifically, the facility failed to consistently identify, implement and review interventions to prevent falls for [one resident]; and re-evaluate, implement new interventions and update [another resident’s] Care Plan after he fell on two occasions.”
The surveyors reviewed the facility’s policy and procedure titled: Fall Management that reads in part:
“The facility assists each resident in attaining/maintaining his or her highest practicable level of function by providing adequate resident supervision, assistive devices or functional programs as appropriate to minimize the risk for falls.
The interdisciplinary team evaluates each resident’s fall risks. A Care Plan is developed and implemented based on an evaluation with an ongoing review.”
The survey team interviewed a family member of a resident who said “she believed the resident had a stroke [before] being admitted to the facility. She said the resident’s legs failed to keep him from falling. The family member said that she was not sure what the facility was doing about it and was concerned the resident may be seriously injured if he continues to fall.”
The survey team observed the resident while being assisted to bed by staff on May 23, 2018, at approximately 1:15 PM. At that time, “the resident was being positioned with his head on the opposite end of the bed from where his nightstand was located. He was not oriented by staff to his call light or to the water pitcher that was located on the stand.”
By 4:15 PM that same afternoon, the resident was observed lying in bed. “There was a call light cord next to his head, which was positioned at the end of the bed furthest from the bedside table. The bed was not in the lowest position and the television, which was mounted above the resident’s head was not turned on.”
The following day at 1:28 PM, the resident was observed “lying in bed.” At that time, “he was wearing shoes without shoelaces. The shoes fit loose around his feet and ankles.” The survey team reviewed the resident’s Care Plan along with revisions and directives concerning falls that occurred on eight occasions between March 26, 2018, and May 21, 2018.”
The resident’s Care Plan “identified the resident was at risk for falls, making frequent attempts to self-transfer without asking for assistance. Interventions included being aware [of the] resident’s difficulty with depth perception/peripheral vision, be sure the call light is within reach and encourage the resident to use it for assistance as needed.”
In a separate summary statement of deficiencies dated November 2, 2017, the surveyors documented that the nursing home “failed to ensure adequate assessments, supervision and assistive devices to prevent accidents for [two] of three residents reviewed for accidents.” The investigative team stated, “specifically, the facility failed to sufficiently address resident safety needs in the community when using motorized and manual wheelchairs for [two residents].”On November 2, 2017, at 3:00 PM, the resident “was observed navigating his motorized wheelchair eastbound in the westbound lane of a busy street in front of the facility, facing oncoming traffic. Six vehicles were observed driving toward the resident, and all six of the vehicles were observed swerving into the eastbound lane [to] move out of the resident’s way.”
The surveyors interviewed the resident the day before. At that time, the resident said “the facility had talked to him about safety while using his motorized wheelchair and the importance of signing out when he left the facility. He said when he was operating his wheelchair on the street, he realized it was too rough and that he should stay on the sidewalk.”
The resident said that “he was aware that if he were not careful in his motorized wheelchair, he would get tickets and have his motorized wheelchair taken away.”
Failure to Immediately Notify the Resident, the Resident’s Doctor or Family Members of a Change in the Resident’s Condition Including a Decline in Their Health or Injury
In a summary statement of deficiencies dated March 2, 2017, a state survey team documented the facility’s failure to “notify the legal representative or an interested family member of a significant change in the resident’s physical, mental or psychosocial status.” The surveyors noted that “specifically, the facility failed to notify the resident’s medical durable power of attorney of changes in medication.”
The survey team interviewed the “resident’s father” who said that “the facility had not notified them of the medication changes, and he was not made aware that the resident was transferred to the emergency [room].” The resident’s mother was interviewed who said that “the facility had not notified us of anything that has happened with the resident.”
Failure to Report and Investigate Any Act or Reports of Abuse, Neglect or Mistreatment of Residents
In a summary statement of deficiency dated November 2, 2017, the state surveyor said that “the facility failed to ensure two incidents of abuse involving [two residents] were thoroughly investigated.” The surveyor said that “specifically, the facility failed to thoroughly complete investigations of verbal abuse between [two residents].”
The nursing home also failed to “Care Plan the resident’s behaviors; monitor [both residents] for continued verbal abuse; and document interventions and supervision by the facility staff.” The investigators reviewed the facility’s policy titled: Abuse and Neglect Prohibition that reads in part:
“Prevention – Facility supervisors will immediately investigate and correct reported or identified situations in which abuse, neglect, injuries of unknown origin, or misappropriation of resident property is at risk for occurring.”
“Identification – The facility supervisory staff will monitor staff members and residents for behavior indicative of high-stress levels that may lead to abuse/neglect or may escalate a continuum of aggression.”
The survey team interviewed one of the residents who said “her roommate [a 74-year-old female patient] was verbally abusive to her and recently had called her a foul name. She said she had reported it to the facility staff.” The roommate “had moderate cognitive impairment” and “did not exhibit any rejection of care.”
A review of the roommate’s Care Plan initiated on March 10, 2017, and revised on October 13, 2017, identified “activities of daily living declined due to dementia diagnosis. Interventions include a one on one context for socialization and problem-solving, ask external questions [to] determine the resident’s needs and provide the resident with necessary cues, stop and return if she is agitated.” However, the surveyor said that “there was no Care Plan specifically related to verbal aggression.”
Failure to Develop, Implement and Enforce Policies That Prevent Mistreatment, Neglect or Abuse of Residents
In a summary statement of deficiencies dated May for 2017, the state investigative team documented that the nursing facility “failed to implement policies and procedures related to general investigation guidelines. This failure contributed to the lack of thorough, accurate and fact-based information to maintain objectivity.”
The surveyor said that “Additionally, clarification questions were not completed to ensure additional events or individuals were further investigated for three of nine allegations of abuse” that were reviewed.
The investigators reviewed the facility’s policy titled: General Investigation Guidelines that reads in part:
“The investigation should be conducted immediately after an incident, event, or the allegation of improper conduct or non-compliance was reported.”
Investigations “should be thorough, accurate, and fact-based” and “should be well-documented, concise and understandable.”
The investigative team interviewed a resident who stated “someone had abused him. He said there was a person who dug his finger into his shoulder bone. He said the person was at the facility every day.”
The resident “provided a name but was not able to offer a description of the individual [saying that] the person was in the facility at the time of the interview.” The resident also said that “he did not report the issue to the facility staff. The resident said that “he was not in fear of the person but did not like the person poking him in the shoulder [and] the last time the incident occurred was eight or nine days from the date of the interview.”
The investigators interviewed the Nursing Home Administrator who “was informed of the allegation of abuse reported by [the resident]. She stated she was not aware of the allegation and would start an investigation. The Nursing Home Administrator was also the Abuse Coordinator for the facility.”
Failure to Make Sure Services Provided by the Nursing Facility Meet Professional Standards of Quality
In a summary statement of deficiencies dated May for 2017, the state investigators “noted the facility failed to ensure professional standards of practice were followed for three of four residents observed during medication administration.”
Observations were made of a Licensed Practical Nurse (LPN) orienting a Registered Nurse (RN) “as a new employee to the medication cart.” At that time, a resident “was waiting to get her morning medications so she could leave for a scheduled appointment outside of the building.”
The LPN “took the medication keys from [the RN] and told her to go make copies of the resident’s record for her to take with her. The LPN then took all of the resident’s “medication cards out of the cart and proceeded to prepare them without looking at the electronic Medication Administration Record for reference as to what medications were due.”
While the LPN did take narcotics from the narcotic drawer and “administered all these medications to [the resident], she did not sign out the PRN [as needed] medications as being administered or the reason they were given. She did document in the Electronic Medical Records that she administered [a narcotic] powder to the resident” at this time.
Do you believe that your loved one suffered abuse, mistreatment or neglect while living as a resident at Belmont Lodge Health Care Center? If so, call the Colorado nursing home abuse attorneys at Nursing Home Law Center at (800) 926-7565 now. Our network of attorneys fights aggressively on behalf of Pueblo County victims of mistreatment living in long-term facilities including nursing homes in Pueblo. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim.
Our skilled attorneys can work on your family’s behalf to successfully resolve your financial recompense claim against all those who caused your loved one’s harm. We file claims against nursing homes, medical centers, doctors and nursing staff. We accept every case involving nursing home abuse, wrongful death or personal injury through a contingency fee arrangement. 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 network of attorneys offers every client a “No Win/No-Fee” Guarantee, meaning if we are unable to resolve your case successfully, you owe us nothing. Let our attorneys begin working on your behalf today to ensure your family receives adequate compensation from those who caused your harm. All information you share with our law offices will remain confidential.
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