legal resources necessary to hold negligent facilities accountable.
Brighton Ridge Nursing Home Abuse and Neglect Attorneys
Families are often overwhelmed at the thought of having to place a loved one in a nursing facility and transfer providing care over to professionals. They are often comforted in knowing that their loved one will receive services provided in a safe, compassionate environment. Unfortunately, neglect and abuse in nursing homes are all too common when caregivers or other residents injure victims. Our nursing home abuse affiliated attorneys in Arkansas have represented many Carroll County victims of nursing home mistreatment and can help your family too. We ensure that our clients receive adequate financial compensation to recover their damages and take immediate action to hold those responsible for harm legally accountable. Let us begin working on your case today.Brighton Ridge Nursing Home
This facility is a "for profit" center providing services to residents of Eureka Springs and Carroll County, Arkansas. The 100-certified bed long-term care home is located at:
235 Huntsville Road
Eureka Springs, Arkansas, 72632
In addition to providing around-the-clock skilled nursing care, Brighton or in a nursing home also offers:
- Physical therapy
- Occupational therapy
- Speech therapy
- Therapeutic activities
- Restorative nursing care
Both the State of Arkansas and the federal government can impose a monetary fine or deny payments through Medicare when a nursing facility has been found to violate established regulations and rules. The higher the financial penalty, the more serious the violation is that likely harmed or could have harmed one or more residents at the nursing home. Within the last three years, state and federal regulators fined Brighton Ridge Nursing Home once on November 22, 2017, for $9750 due to substandard care. The facility is also received a formally filed complaints in the last thirty-six months. Additional information about fines and penalties can be found on the Arkansas Adult Protective Services website concerning this nursing home.Eureka Springs Arkansas Nursing Home Patients Safety Concerns
Families can visit the Arkansas Department of Public Health and Medicare websites to obtain a complete list of all dangerous hazards, filed complaints, opened investigations, safety concerns, incident inquiries, and health violations. The regularly updated information can be used to make a well-informed decision on which long-term care facilities in the community provide the highest level of care.
According to Medicare.gov, this facility maintains an overall rating of one out of five stars, including one out of five stars concerning health inspections, three out of five stars for staffing issues and two out of five stars for quality measures. The Carroll County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Brighton Ridge Nursing Home that include:
- Failure to Protect Every Resident From All Abuse, Physical Punishment or Being Separated From Others
- Failed to Protect Every Resident From Abuse – AR State Inspector
- Failure to Report and Investigate any Act or Report of Abuse, Neglect or Mistreatment of Residents
- Failure to Provide Every Resident an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent Avoidable Accidents
- Failed to Provide an Environment Free of Accidents Hazards – AR State Inspector
- Failure to Develop, Implement and Enforce a Program That Investigates, Controls and Keeps Infection from Spreading
In a summary statement of deficiencies dated November 22, 2017, the state investigator documented the facility's failure "to ensure residents with severe cognitive impairment and aggressive behaviors were free from staff-to-resident abuse." The state survey team also documented the facility's failure to ensure that a resident was "free from possible resident-to-resident non-consensual sexual activity" involving residents "residing on the facility Secure Wing, [who were] severely cognitively impaired and likely lacked the mental capacity to consent to sexual activity. The facility failed to ensure all staff receives complete training on Dementia Management and appropriate interventions to deal with aggressive or catastrophic reactions of residents and that adequate staff who were trained and competent in Dementia Management techniques were on duty to provide the necessary monitoring on the facility's secure unit."
The deficient practice by the nursing staff resulted "in an escalation of the resident's … behaviors, and subsequently, a Licensed Practical Nurse (LPN) utilized a takedown hold on [and aggressive resident]" who was an elderly resident with a history of aggressive behaviors. It was noted that the "failed practices resulted in Immediate Jeopardy, which caused or could have caused serious harm, injury or death to [the resident] and had the potential to cause more than minimal harm to ten cognitively impaired residents with behaviors who resided in the facility secure wing." The investigators notified the facility of the Immediate Jeopardy.
The survey team reviewed the resident's Admission Minimum Data Set with an Assessment reference of August 3, 2017. The document revealed the resident "was severely impaired in cognitive skills for daily decision-making," and required "limited assistance of one person for transfers" and "exhibited behavioral symptoms not directed toward others on a daily basis, wandering on a daily basis and rejecting care on one of three of the past seven days."
A Review of the Facility's Abuse, Neglect, Exploitation of Residents Policies and Procedures failed to include "the required component of staff training on Dementia Management." Instead, the facility provided the investigators a Dementia Hand and Hand In-service documentation revealing training provided to the staff on March 20, 2017, and September 4, 2017, that included "Ten ways to de-escalate residents who were aggressive or combative." However, the investigator said that there was "no documentation to indicate the in-service included strategies of backing away and giving the resident a chance to calm down. There was no documentation to indicate the in-service included information regarding take-downs ever being appropriate. There was no documentation of any further in-servicing on Dementia Management after the incident between [two residents] that occurred on October 30, 2017."
The investigators asked a Certified Nursing Assistant (CNA) on the afternoon of November 22, 2017, if two residents "were involved in inappropriate sexual behavior [before] the incident on October 30, 2017, and how this was handled by the staff." The CNA replied "I found them in bed on two other occasions. They did not get upset when separated. They had their clothing on. I think I did report it, I know it was an ongoing problem. This problem of [both residents] kissing and hugging had been reported by one of the other girls. The CNA was asked to describe the incident between [both residents] on October 30, 2017. The CNA replied that they were "coming down the hallway."
Other staff "just woke them up, turned the lights on. One resident was already in one of her moods, agitated" when the nursing staff "asked [the residents] to get out of bed. The CNA was asked to describe" the takedown of the resident by the Registered Nurse who said that the nurse "was toward her side, one need down and one knee up. He was not on top of her. He asked for a pillow; Arms were interconnected with her arms. The CNA was asked how the Registered Nurse took the resident to the ground." The CNA stated, "I do not remember how he got her on the ground." The investigator asked the CNA "how long the resident was held on the floor by the Registered Nurse." The CNA responded, "20 to 25 minutes, she was held down." According to the Administrator, the male Registered Nurse was suspended."
In a summary statement of deficiencies dated November 22, 2017, the state survey team documented the facility's failure "to ensure residents with severe cognitive impairment and aggressive behaviors were protected from further potential staff-to-resident abuse after [a nurse] utilized physical take-down holds on a … resident." The nursing staff also "failed to ensure adequate monitoring was provided to ensure residents were protected from possible resident-to-resident non-consensual sexual activity between two residents."
The Administrator said that if the suspended Registered Nurse "is allowed to return to work, he will be re-trained on Dementia Management and Abuse Prevention to include competitive behavior and catastrophic reactions. Monitoring of the male RN will include spot checks for a period of two weeks to ensure the in-servicing was effective."
In a summary statement of deficiencies dated February 23, 2017, the state investigators documented that the facility had failed to ensure that a "sit to stand mechanical lift that was used in the facility, was maintained in a safe working condition with all parts present and intact to prevent potential accidents or injuries for residents who require mechanical lift transfers." The investigator documented that this deficient practice "has the potential to affect four residents who required sit to stand lift for transfers, as documented in the list provided by the Administrator on March 3, 2017."
On the morning of February 21, 2017, the investigator conducted an environmental tour of the facility with the Maintenance Director. During the tour, it was identified that a Sabina Sit-to-Stand lift "had one of two safety latches missing from the lifting hooks. The lift was sitting in the 100 Hall at the time. The Maintenance Director was asked if this was a functioning lift that was used for residents." The Director replied, "Yes." The investigator reviewed the equipment manual that stated that "missing or damaged latches must always be replaced."
In a separate summary statement of deficiencies dated May 18, 2018, the state investigator documented the facility's failure "to ensure staff avoided grasping and lifting under the resident's arm/shoulder joints during a manual transfer for preventing potential shoulder injuries." The deficient practice by the nursing staff involved one resident at the facility who "required two-person manual transfers with a gait belt. The failed practice has the potential to affect thirteen residents who required two-person assistance and a gait belt for transfers."
In a summary statement of deficiencies dated May 18, 2018, a notation was made by the state surveyor regarding the nursing home's failure to "ensure infection control measures were consistently followed by staff to prevent potential transmission of infection." The investigators also documented the facility's failure "to ensure a clean technique was followed during wound care, to prevent potential infection for [a resident] who required wound care." This deficient practice extended to a failure "to ensure staff washed/sanitizer hands during and after incontinent care to prevent the potential spread of infection" while the staff was assisting with incontinence care.
The state investigator also noted the nursing home's failure "to ensure staff washed/sanitized hands between residents while passing meal trays and assisting with tray set up, to prevent the potential spread of infection for residents" who resided on the 100 and 400 Halls. It was noted that "these failed practices had the potential to affect fifteen residents who had physician orders for wound care, twenty-two residents who were dependent on incontinent care and sixteen residents who receive meal trays in their rooms and resided on the 100 Hall and 400 Hall."
If your loved one has been injured or died prematurely while residing at Brighton Ridge Nursing Home, call the Arkansas nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565 now for legal help. Our network of attorneys fights aggressively on behalf of Carroll County victims of mistreatment living in long-term centers including nursing homes in Eureka Springs. For years, our attorneys have successfully resolved nursing home abuse cases just like yours. Our experience can ensure a positive outcome in your claim for compensation against those that caused your loved one harm. 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 network of attorneys accepts all nursing home abuse lawsuits, personal injury claims, medical malpractice cases, and wrongful death suits through a contingency fee arrangement. This agreement postpones the need to pay for our services until after our legal team has resolved your claim for compensation through a jury trial award or negotiated settlement out of court. We offer each client a "No Win/No-Fee" Guarantee, meaning all fees are waived if we cannot obtain compensation to recover your damages. We can begin representing you in your case today to ensure you receive adequate compensation for your losses. All information you share with our law offices will remain confidential.Sources