The Wisconsin Nursing Home Law Center Attorneys work aggressively on behalf of our clients to hold caregivers at nursing facilities accountable for mistreating the elderly, disabled and rehabilitating. Our entire team remains dedicated to resolving neglect and abuse cases through our comprehensive understanding of Wisconsin tort law.
If your loved one was injured while residing in a Milwaukee County nursing facility, we encourage you to contact us today. Let our team of lawyers work on your case to ensure you receive monetary compensation to recover your financial damages. We can begin working on your monetary recovery claim today.
This long-term care facility is a 148-certified bed "for profit" home providing services and cares to residents of Milwaukee and Milwaukee County, Wisconsin. The Medicare and Medicaid-participating center is located at:
9632 W Appleton Ave
Milwaukee, Wisconsin 53225
(414) 461-8850
Wisconsin and federal agencies have the legal responsibility of monitoring every nursing home and imposing monetary fines are denying reimbursement payments through Medicare if investigators identify serious violations and deficiencies. These penalties are typically imposed when the violation is severe and harmed or could have harmed a resident.
Within the last three years, investigators imposed two monetary penalties against Birchwood Healthcare and Rehabilitation Center, citing substandard care. These penalties include a $112,681 fine on August 16, 2017, and a $29,484 fine on January 10, 2017, for a total of $142,165.
On March 13, 2018, and August 16, 2017, Medicare denied payment from this nursing facility, citing substandard care. Additional information concerning the facility can be reviewed on the Wisconsin Department of Health Services - Residential Care Website.
The state of Wisconsin and federal government nursing home regulatory agencies routinely update their care home database system. This list contains historical information of all citations and violations.
According to Medicare, this 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 two out of five stars for quality measures.
According to state surveyors, the facility did not ensure three residents “were free from abuse.” In one incident, documented on February 22, 2018, a resident “reported an allegation of verbal abuse by [a Certified Nursing Assistant (CNA)] to the Interim Director of Nursing.” The resident “continued to have ongoing feelings of dehumanization” when they explained to the surveyor on March 1, 2018 what had occurred with the CNA.
Facility records indicated that that specific CNA “was involved in two prior allegations of mistreatment dated September 12, 2017, of January 3, 2017, which were not reported to the State agency.” Further documentation in the case state that the CNA “was barred from working in the nursing home due to substantiated findings of neglect.” The surveyor noted “had the facility reported these prior allegations, “the resident] would not have had the interaction with [the alleged perpetrator] on February 22, 2018.”
Records indicate that on December 31, 2017, a different resident’s “breast were touched inappropriately by a male peer [a resident].” The female resident reported the allegation to a Licensed Practical Nurse (LPN) and the Former Director of Nursing on July 2, 2018.”
The nursing home continued to employ one CNA “after a finding of neglect was placed on the CNA State Registry on July 7, 2017.” The CNA “continued working in the facility until February 22, 2018, when action was taken by the facility.” The continued employment of the CNA “led to an incident of abuse concerning [one resident] and had the potential to affect all thirty-eight residents on the first floor.”
The facility “did not develop written policies and procedures that are in compliance with the new regulations.” The facility “did not operationalize a policy by ensuring residents were free from abuse. The facility did not operationalize their policy by ensuring a CNA with a substantiated finding of neglect was not employed by the facility.”
Was your loved one mistreated while residing at Birchwood Healthcare and Rehabilitation Center? Contact the Wisconsin nursing home abuse attorneys at Nursing Home Law Center at (800) 926-7565 for immediate legal intervention. We represent Milwaukee County victims of abuse and neglect in all areas including Milwaukee.
We do not charge for case evaluations and consultations. Also, we provide a 100% “No Win/No-Fee” Guarantee. This promise means we will postpone all of your payments for legal services until after we have secured financial recovery on your behalf. All information you share with our law offices will remain confidential.
Sources:
Attorney Gerald Bekkerman
Licensed in Wisconsin
Chicago Nursing Home Injury Attorney Nursing Home Law Center LLC Home