Families throughout Kentucky often choose to place their loved one in a nursing home to ensure that they receive the highest level of hygiene assistance and health care. Unfortunately, many nursing home establishments fail to provide adequate care, treatment, and supervision that leads to the harm of the resident. Other times, the patient is the victim of abuse, neglect, mistreatment or sexual assault by caregivers, employees or other residents.If your loved one was mistreated while residing in a Fayette County nursing facility, contact the Kentucky Nursing Home Law Center attorneys now for immediate legal intervention. Our team of lawyers has successfully resolve cases just like yours and can help your family too. Let us begin working on your case now to ensure your family receives adequate monetary compensation. We use the law to ensure that those responsible for causing the harm are held both legally and financially accountable.
This nursing home is a "for profit" center providing cares and services to residents of Lexington and Fayette County, Kentucky. The Medicare/Medicaid-participating 120-certified bed nursing facility is located at:
2770 Palumbo Drive
Lexington, Kentucky, 40509
(859) 263-2410
In addition to providing 24/7 skilled nursing care, Brookdale Richmond Place Skilled Nursing Facility provides other services and amenities that include:
The investigators for the state of Kentucky and federal nursing home regulatory agencies have the legal responsibility of penalizing any facility that has violated regulations that harmed or could have harmed a resident. These penalties often include monetary fines and denying payment of Medicare services.
Within the last three years, state investigators impose two massive monetary penalties against Brookdale Richmond Place Skilled Nursing Facility citing substandard care. These penalties include a $174,155 fine on September 23, 2016 and a $63,818 fine on February 22, 2018 for a total of $180,473. Also, Medicare denied payment for services rendered on February 22, 2018.
The nursing home received thirteen formally filed complaints and self-reported five serious issues that all resulted in citations over the last thirty-six months. Additional information about penalties and fines can be reviewed on the Kentucky Department of Health Care Nursing Home Reporting Website concerning this nursing facility.
Our attorneys obtain and review data on all Kentucky long-term care home from various online publically-available sources including the KY Department of Public Health website and Medicare.gov. The information serves as an essential tool when making an informed decision of placing a loved one in facility-care. The data identifies opened investigations, incident inquiries, dangerous hazards, health violations, filed complaints, and safety concerns. Additionally, the data can help families better understand the type of care their loved one is currently receiving at the care center.
According to Medicare, this facility maintains an overall rating of one out of five stars, including one out of five stars concerning health inspections, five out of five stars for staffing issues and one out of five stars for quality measures. The Fayette County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Brookdale Richmond Place Skilled Nursing Facility that include:
In a summary statement of deficiencies dated June 7, 2018, a state surveyor noted that the facility had failed to “ensure the resident has the right to be free from any physical restraints imposed for purposes of discipline or convenience and not required to treat the resident’s medical conditions.”
The incident involved one resident when a Licensed Practical Nurse (LPN) attempted to have the resident “provide a urine sample at approximately 3:00 AM on May 2, 2018. However, the resident refused when first approached and then later became combative.”
The LPN “subsequently asked other staff to assist her by holding the resident’s arms and legs down [while performing] the urinary catheterization [the resident] while the other staff restrained the resident against his/her wishes.”
The investigative team reviewed the facility’s policy titled: Resident Rights that became effective on December 2016 that reads in part:
“Associates shall adhere to and respect the resident’s rights as applicable to state and federal regulations.”
“Residents are entitled to exercise their rights and privileges to the fullest extent possible.”
“Associates are provided a copy of the resident rights upon hire, and the Associate Orientation Program will include education and training on the residents’ rights.
“Each resident shall be cared for in a manner that promotes and enhances their quality of life, dignity, respect, and individuality.”
“Residents shall be treated with dignity and respect at all times. Treated with dignity means the resident would be assisted in maintaining and enhancing his or her self-esteem and self-worth.”
A review of the facility’s policy titled: Physical Restraint reads in part:
“Physical restraint is any manual method, physical or mechanical device, material or equipment attached or adjacent to the resident’s body that the individual could not remove easily which restricts freedom of movement and normal access to one’s body.”
“If the resident requires the use of a prohibitive device, the facility shall first consult with the Regional Director of Clinical Services and Divisional Director of Clinical Services for direction.”
In a summary statement of deficiencies dated November 1, 2018, a state investigator noted the nursing home's failure to “establish and maintain an infection control program designed to provide a safe, sanitary and comfortable environment to help prevent the development and transmission of infections.” The deficient practice by the nursing staff involved a review of one resident “observed for peri-care/catheter care.”
The team of investigators observed a resident receiving peri-care – Foley catheter care on November 1, 2018. The surveyors observed “poor infection control techniques related to peri-care/Foley catheter care, hand washing, and glove usage.” As a part of the investigation, the surveyors reviewed the facility’s policy titled: Hand Washing/Hand Hygiene revised in September 2017 that reads in part:
“The facility considers hand hygiene the primary means to prevent the spread of infection. Hand hygiene was defined as hand washing hands with soap (antimicrobial or non-antimicrobial) and water for the following situations: when hands are visibly soiled and following contact with the resident with infectious diarrhea including, but not limited to, infections caused by norovirus, salmonella, Shigella, [and other medical conditions].”
The incident requires a review of a resident’s clinical records and Quarterly MDS (Minimum Data Set) Assessment dated July 25, 2018, and the resident’s Brief Interview for Mental Status (BIMS) that shows the severely, cognitively impaired resident is “frequently incontinent of bowel and is requiring the use of a urinary catheter.”
The survey team observed a State Registered Nurse Aide (SRNA) and the resident’s Personal Living Assistant (PLA) on the morning of November 1, 2018. Both members of the nursing staff “washed hands with soap and water in the resident’s private bathroom and applied clean gloves [before] gathering the resident’s incontinent care supplies (disposable moist cloths).”
At that time, the SRNA and the PLA positioned the resident “into a supine position and removed the resident’s blankets and top sheet, exposing the resident’s genitalia and lower abdomen. However, the SRNA failed to wash hands again after gathering supplies and repositioning the resident and [before] proceeding to perform peri-care and Foley catheter care.”
Additionally, “after performing peri-care and Foley catheter care, [the SRNA] failed to dry the peri-area and the catheter. Further observation revealed [that the SRNA] provided all incontinence care, remove the feces-soaked chuck, and applied a clean chuck.”
While wearing the same soiled gloves, the SRNA “pulled up the resident’s blankets and raised the head of the bed, handling the bed control with the soiled gloves.” The SRNA then “removed the gloves and entered the resident’s private bathroom to wash her hands [before] exiting the resident’s room.”
During an interview with the facility Director of Nursing, it was revealed that she expected “that associates adhere to the policies, procedures, and practices of the facility and the corporation.” The Director stated that the State Registered Nurse Aide (SRNA) “failed to adhere to the facility’s Infection Control and Hand Washing/Hand Hygiene Policies.”
The facility Administrator said that he expected “that the staff adheres to the facility policy and procedures related to infection control, hand washing and peri-care/Foley catheter care.” The Administrator stated that the SRNA “failed to follow the facility’s policies.”
In a summary statement of deficiencies dated July 25, 2018, the state investigative team noted that the nursing facility “failed to have safeguards and systems in place to control, account for, and periodically reconcile controlled medications to ensure all controlled medications were maintained.”
The deficient practice by the nursing staff involved two of nine sampled residents.” The investigators reviewed the Pharmacy Shipment Summary manifest signed for by a Licensed Practical Nurse (LPN) that showed a quantity of thirty tablets of a controlled substance delivered to the resident on June 2, 2018.
The surveyors say that “these control medications were discovered missing along with the pharmacy copies of the delivery manifest for the narcotics during the pharmacy audit on July 9, 2018.” Additionally, after reviewing the resident’s Control Drug Record and Electronic Medication Administration Record, there were “discrepancies in the documentation related to the narcotics administered per the Control Drug Record and the Electronic Medication Administration Record by the Licensed Practical Nurse.”
The investigative team reviewed the Quality Assurance Plans received on July 20, 2018. At that time, the State Survey Agency “determined the deficient practice represented past noncompliance, and it was identified and corrected related to implementation of the facility’s policy regarding safeguards and systems in place to control, account for, and periodically reconcile controlled medications [before] the initiation of the investigation by the State Survey Agency.”
The investigators reviewed the resident’s Care Plan dated March 7, 2018, that revealed the identified focus of alteration and comfort related to left knee replacement, generalized pain, and other medical conditions.” The documentation shows “the goal stated the resident would experience no interruption in normal activities due to pain. There were several interventions including administration of pain relief medication as ordered.”
Some documentation revealed that “the facility assessed the resident as experiencing pain occasionally with no pain medication administered in the past five days.” However, a review of the resident’s Physician’s orders dated at the same time revealed orders to treat the pain with a narcotic pain medication “every four hours as needed for pain.”
A review of the document titled: Long-term Care Facility Self-Reported Incident Form, Five Day Follow-up/Final Report dated July 12, 2018, revealed that the “pharmacy informed the facility Administrator of a quantity of 30 [tablets for the resident and another 30 tablets for a second resident] were missing from the medication cart.”
“Further review revealed that the facility Administrator immediately initiated an investigation and determined all missing medications were signed and received by [one LPN] as documented on the pharmacy copy of the delivery manifest” associated with the delivery.”
At that time, the Director of Nursing and Assistant Director of Nursing met with the LPN “when she reported to work on her scheduled shift on July 9, 2018 and discuss the missing narcotics.” At that time, the facility placed the LPN “on suspension. Further review revealed they requested [that the LPN] submit to a urine drug screen and she agreed to the plan and was escorted to the local hospital emergency room where testing was performed.”
Subsequently, the Director had requested that the LPN “return to the facility” to discuss the “report results of the urine drug screen and further discuss missing car tnarcotics.” However, the LPN “did not return to the facility” and “did not respond to repeated voice mail messages by the Director of Nursing requesting contact.”
Do you believe that your loved one was injured or harmed while living at Brookdale Richmond Place Skilled Nursing Facility? If so, contact the Kentucky nursing home abuse attorneys at Nursing Home Law Center at (800) 926-7565 for immediate legal intervention. Our network of attorneys fights aggressively on behalf of Fayette County victims of mistreatment living in long-term facilities including nursing homes in Lexington. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim.
Our dedicated attorneys have represented clients with victim cases involving nursing home mistreatment. With our years of success, our attorneys can assist your family in successfully resolving your financial recompense case against all those who caused your loved harm. We accept all nursing home cases involving personal injury, abuse, and wrongful death 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 provides every client a “No Win/No-Fee” Guarantee. This guarantee ensures that your family will owe us nothing if we are unable to obtain compensation on your behalf. We can start working on your case today to make sure you and your family receive monetary recovery 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 Lawyer Nursing Home Law Center LLC Home