Did your family transfer your loved one into a skilled nursing home to ensure they receive the best nursing care in a compassionate, safe facility? Do you now suspect they have become the victim of abuse, mistreatment or neglect, but it might be difficult to prove? If so, the New Mexico Nursing Home Law Center attorneys can help.
Our team of dedicated lawyers have represented many San Juan County nursing home victims and can help your family too, so you obtain compensation to recover your financial damages. Our comprehensive understanding of New Mexico tort law and years of experience can help you seek justice and hold those responsible for causing the harm legally accountable. Contact us today so we can begin working on your case now.
This long-term care (LTC) home is a "for-profit" 95-certified bed center providing cares and services to residents of Bloomfield and San Juan County, New Mexico. The Medicare/Medicaid-participating facility is located at:
803 Hacienda Lane
Bloomfield, New Mexico, 87413
(505) 632-1823
In addition to providing around-the-clock skilled nursing care, the Bloomfield Nursing and Rehabilitation Center also offers numerous other services including:
Both the state of New Mexico and federal agencies penalize nursing homes by denying reimbursement payments from Medicare or imposing monetary fines anytime the facility is cited for a severe violation of established regulations and rules that harm or could harm residents. Within the last three years, investigators have penalized Bloomfield Nursing and Rehabilitation Center on two separate occasions including a $5000 fine on July 26, 2016, and a $106,282 fine on August 4, 2017. These penalties total more than $111,000 in levied fines.
Also, within the last 36 months, the facility received one formally filed complaint and self-reported a serious problem that resulted in a citation. Medicare denied payment for services rendered on August 4, 2017. Additional documentation about fines and penalties can be found on the New Mexico Department of Health Nursing Home Reporting Website concerning this nursing home.
A list of safety concerns, health violations, opened investigations, incident inquiries, dangerous hazards, and filed complaints on statewide long-term care homes can be reviewed on New Mexico Department of Public Health and Medicare.gov database websites. Many families use this data to determine the best facility to place a loved one who requires the highest level of hygiene assistance and skilled health care.
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 three out of five stars for quality measures. The San Juan County neglect attorneys at Nursing Home Law Center have found serious deficiencies, hazardous violations and safety concerns at Bloomfield Nursing and Rehabilitation Center that include:
In a summary statement of deficiencies dated June 14, 2018, the state investigators noted that the facility had failed to ensure one resident "was reviewed for physical restraints to ensure the least restricted device was utilized. This deficient practice can result in the failure of the least restrictive physical restraint from being used to protect facility residents."
The investigators reviewed the resident's annual MDS (Minimum Data Set) that showed that the resident "had short and long-term memory problems and had moderately impaired decision-making. The resident display physical behaviors and rejected care one to three days and had wandered daily during the seven day observation period. The resident requires the extensive assistance of one person with bed mobility and transfers, requires the limited assistance of one person with walking, and requires supervision and set up with locomotion. The resident did not receive therapy and had a restraint in the chair/out of bed on a daily basis."
The state survey team also reviewed the resident's Care Area Assessment (CAA) Section of the Annual MDS (Minimum Data Set) that showed physical restraints because the resident "was at risk [of a] possible injury due to the use of the Merry Walker (a walker/chair combination). The resident used the Merry Walker for safe ambulation and was no longer able to get out of the Merry Walker on command. The resident frequently got out of the walker at other times."
A further review of the Care Area Assessment "revealed nursing and therapy staff continued to monitor and evaluate [the resident] for safety in the Merry Walker." The "resident continues to appear to be safe in the walker at this time."
Surveyors observed a resident's room door on 11:50 AM on June 14, 2018, in its closed position. "Upon entering the room, the resident was noted sitting in the Merry Walker, with no one else in the room." The investigator interviewed a Licensed Practical Nurse (LPN) providing the resident care who revealed that staff places the resident "in the Merry Walker anytime she is out of bed." The LPN stated that they were not aware if the resident "could get out of the Merry Walker or not." The LPN said that "the Merry Walker was easier for her."
The investigators interviewed the Director of Nursing on the morning of June 14, 2018, who stated that the staff utilized the Merry Walker for the resident "because she wanders and refuses to use a cane. The medical symptom for the use of the Merry Walker was dementia."
The Director also said that "she did not have a definite answer as to how frequently they evaluated the use of the Merry Walker, but thought it was on a quarterly basis." The surveyor's interview the certified medication Aide that same morning who revealed that the facility staff placed the resident "in the Merry Walker when they saw the resident start to stand up and wanted to walk."
The survey team reviewed the November 10, 2017 policy titled: Restraints, Standards of Practice that reads in part:
"The standard was to allow residents to be free from physical or chemical restraints unless medically necessary as outlined in the Federal Regulatory Guideline and MDS guidelines. Any restraining order obtained must have a medical [diagnoses]."
"The process includes: On admission, quarterly and with a change in condition, the resident with a safety device will be reviewed to determine if the device is a restraint or enabler or if the device is needed or a reduction is warranted."
"It tends to reduce a restraint with actual verification of the need for device or restraint will be documented."
"Weekly restraint Reduction meetings will be held by the Quality Assurance (QA) Committee and minutes along with the records of recommendations will be kept by the QA nurse or designee according to the records retention for the state."
During a follow-up interview with the Director of Nursing at 1:05 PM on June 14, 2018, it was revealed that "the facility did not have weekly restraint reduction meetings."
In a separate summary statement of deficiencies dated August 4, 2017, the state investigator documented the nursing home's failure to "ensure that residents were assessed and evaluated for the use of physical restraints. Two residents were identified as having full side rails on their beds without having documentation of a medical condition that would warrant the use of physical restraints, Physician orders, sign consent forms, an accurate and updated care plans for the use of full side rails.
This deficient practice resulted in an Immediate Jeopardy (IJ) at a scope and severity of 'L' being identified on August 3, 2017, at 4:11 PM. The Administrator, Assistant Administrator, and Director of Nursing were notified at this time, and a plan of removal was requested" by the facility.
The facility responded to the Immediate Jeopardy by taking "corrective action by providing an acceptable plan of removal on August 4, 2017, at 1:08 PM. The plan of removal included" the removal of a resident's side rails after an assessment of the resident's condition and placement of the resident's bed in the low position. A second resident was assessed and "is appropriate for the use of mobility and he wants to keep [the side rails]. The facility received a sign consent form and notified the resident's physician.
As a part of the removal of the Immediate Jeopardy, the "Administrator and Director of Nursing were in-services by the Regional Quality Manager via the phone on proper side rail usage… and will be in-serviced again … by the Divisional Quality Manager.
In a summary statement of deficiencies dated June 14, 2018, the state investigators documented that the facility had failed to "provide privacy during wound care provided to a pressure ulcer (localized damage to the skin or underlying tissue that usually occurs over a bony prominence)." The deficient practice by the nursing staff involved one of two residents "reviewed for pressure ulcer care. This deficient practice has the potential to cause the resident unnecessary anxiety related to a violation of the resident's right to privacy."
The incident involved a review of their medical records including their Quarterly MDS (Minimum Data Set) dated May 4, 2018 showing that the resident is a cognitively intact individual "requiring maximum assist of one or two staff for bed mobility, transfers, dressing and toileting and being independent with locomotion on the unit and eating." The resident was "also coded as having a Stage IV pressure ulcer on the right hip that was present on admission."
Surveyors observed a wound care nurse at 2:25 PM on June 12, 2018, providing wound care to the resident's "right hip wound in the resident's room. The wound care nurse had gathered all of her supplies and had them on a clean surface; she washed her hands and placed gloves on her hands."
The resident "was positioned on his left side, and his right hip and buttocks were exposed." The resident's "bed was positioned beside a window looking out of the back of the building, and across from a community of trailer park homes." The wound care nurse "did not close the window blinds [before exposing the resident's] right hip and buttock and there was a direct view through the window to the resident."
The state investigator interviewed the wound care nurse ten minutes later "in the hallway outside [the resident's] room." The investigator asked the wound care nurse to look into the resident's room and "state what she missed doing when preparing to conduct wound care for [a resident]." The nurse responded that "she should have closed the window blinds before conducting wound care." The nurse also stated that she "never really thought about that window" but that closing the window "would provide privacy for the resident during wound care."
If you believe that your loved one suffered injury or harm while living at Bloomfield Nursing and Rehabilitation Center, call the New Mexico nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565 today. Our dedicated network of attorneys fights on behalf of San Juan County victims of mistreatment living in long-term facilities including nursing homes in Bloomfield. Our knowledgeable attorneys offer legal representation to patients with cases that involve abuse and neglect happening in public and private nursing facilities.
Contact us now 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.
Our attorneys accept all personal injury claims, nursing home abuse suits, medical malpractice cases, and wrongful death lawsuits through a contingency fee arrangement. This agreement 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. We provide every client a "No Win/No-Fee" Guarantee, meaning if we are unable to obtain compensation on your behalf, you owe our legal team nothing. We can start on your case today to ensure you receive compensation for your damages. All information you share with our law offices will remain confidential.
Sources:
Carl R. Wilander, Esq.
Licensed in New Mexico
Chicago Nursing Home Injury Lawyer Nursing Home Law Center LLC Home