Many families must make the heart-wrenching decision to turn over the responsibility of providing for their loved one to medical professionals at a nursing facility. The nursing home staff is legally bound to provide the highest level of care based on established acceptable professional standards. When that does not happen, the loved one is often subjected to mistreatment, abuse or neglect. In some cases, mistreatment occurs because of poor hiring practices, insufficient staffing, or mismanagement. Other times, overworked nurses and nurses' aides neglect or abuse the resident causing undue harm or an unexpected death.
If your loved one was injured in a Santa Fe County nursing facility, like Casa Real, the New Mexico Nursing Home Law Center attorneys can help. Our legal team of expert lawyers has represented many victims and can help your family too. Let us begin working on your case today to ensure your family receives adequate financial compensation to recover your monetary damages. Let us use the law to hold those responsible for the harm legally accountable.
This nursing home is a "for-profit" center providing cares and services to residents of Santa Fe and Santa Fe County, New Mexico. The Medicare/Medicaid-participating 118-certified bed nursing facility is located at:
1650 Galisteo Street
Santa Fe, New Mexico, 87505
(505) 984-8313
In addition to providing 24-hour care by licensed Nurses and Nurse's Aide, Casa Real Nursing Home also offers:
The federal government and State of New Mexico nursing home regulatory agencies have the legal authority to penalize any nursing home with a denied payment for Medicare services or monetary fine when the facility has been cited for serious violations of regulations. Within the last three years, investigators levied penalites against Casa Real Nursing Home twice, including a $62,402 on January 29, 2016, and a $60,465 fine on July 12, 2016, for a total of more than $122,00.
Within the last 36 months, Medicare has denied payment for services on three occasions including on January 29, 2016, July 12, 2016, and April 5, 2017. During that time, the nursing facility received ten formally filed complaints and reported two incidents at the facility that resulted in a citation. Additional information concerning fines and penalties can be found on the New Mexico Department of Health Nursing Home Reporting Website concerning this nursing facility.
Information on every intermediate and long-term care home in the state can be reviewed on government owned and operated database websites including Medicare.gov and the New Mexico Department of Public Health websites. These regulatory agencies routinely update the comprehensive list of filed complaints, health violations, opened investigations, safety concerns, incident inquiries, and dangerous hazards on facilities statewide.
According to Medicare, 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 Santa Fe County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Casa Real Nursing Home that include:
In a summary statement of deficiencies dated June 7, 2018, the state investigators documented that the facility had failed to ensure one resident "is receiving necessary services to ensure the resident's ability to activities is not diminished. If the facility is not ensuring residents continue to receive restorative services at the commencement of therapy services when indicated, residents are likely to experience a decrease in their Activities of Daily Living."
The state survey team interviewed a resident on the morning of June 5, 2018 who said "he was discharge from therapy, but he would like to do more biking. He denied doing any restorative therapy." As a part of the investigation, the surveyors interviewed the physical therapist that afternoon who confirmed that the resident "was discharged from therapy and should be receiving restorative therapy."
The investigators reviewed the resident's physician's orders and medical records that showed that on May 9, 2018, the patient was "discharged from skilled physical therapy services." Only two days earlier, the resident "was referred to restorative for active and passive range of motion and bilateral (upper extremity/lower extremity) to three times a week."
The survey team reviewed the Restorative Therapy Note records that "did not indicate that [the resident] was receiving restorative services." During an interview with the Restorative Aide on the morning of June 7, 2018 it was revealed that "when physical therapy discharges a resident, they make a copy of the order and the referral is then placed in her mailbox. She stated she then get started working with the resident right away." The Restorative Aide said that "she just received that order today" on June 7, 2018.
In a summary statement of deficiencies dated April 5, 2017, the state surveyors noted that the nursing home had failed to "resolve grievances." The deficient practice by the nursing staff involved one of five residents "reviewed for dignity. If the facility is not ensuring that the resident's grievances are being resolved, then residents are likely to continue to experience the source of their agreement and feel at the facility does not care about their concerns."
As a part of the investigation, the surveyors interviewed the resident on the morning of March 27, 2017 and "asked if staff treated her with respect and dignity." The resident replied, "While back with my husband, one of the male nurses would ask my husband do 'you want to take a shower?' but he would always say no to whatever you to ask him. I told them [the staff] do not ask him, he will always say no. The nurse said, 'I do not hear you.'" The resident "imitated the nurse by putting her hands to her ears."
The surveyor reviewed the resident's Grievance Decision Report dated December 9, 2016 that showed that the resident "has brought out that the Night Nurse and a Certified Nursing Assistant are rude to her and ignore her when she asked for help. She also said that [that Registered Nurse] places his hands on his ears and says, 'I cannot hear you, I cannot hear you.'"
In a summary statement of deficiencies dated April 5, 2017, the state investigators noted that the facility had failed to "meet the needs of [one resident] reviewed during a random observation, who was grieving the loss of her husband. This deficient practice likely resulted in [the resident] not receiving the immediate support she needed to cope with the loss of her husband, resulting in additional psychological distress."
The incident involved a resident who stated that "she and her husband had been married [for some time] and he just passed away." The resident stated "that she was supposed to start counseling services but hadn't yet. She said that 'I just want to close my eyes and go to sleep since [my husband] died. What the hell might gonna do here. Now I am alone.'"
The investigator reviewed the resident's Grievance Decision Report that showed that the resident "stated she was to have grievance counseling started related to her husband's death." The resident "would like to communicate when this will be started. Steps to be taken to investigate agreement [include speaking with] nursing to obtain an order from the doctor, as one was not in the chart."
A Social Services Employee stated during an interview that she was aware of the resident's "husband [had] recently passed away before [the resident's] admission [to the facility, and that the resident] and her husband had both been a resident at the facility [before he died].
When asked what services was provided [for the resident]" the social services employee stated "I helped get her psych services due to grieving of her husband. She had talked about it in passing that she had been feeling down. I brought it up in a meeting and it was suggested that we get her psych services and we did." The Social Services Employee "was unable to state when the decision to get psych services had been made." However, the employee "did confirmed "she would be responsible for getting orders for psych services for the resident on the skilled unit."
The investigators interviewed the resident who stated "it is good that I am not holding in [my] feelings. I have lost loved ones before, but those two deaths [my husband and my daughter] were more than I am able to handle. It is the worst pain I have ever felt in my whole life." The resident "shared that her husband passed away exactly two years after their daughter passed away, stating that maybe she (the daughter) came to get him [the husband when he passed]. I wish she would come and get me too."
In a summary statement of deficiencies dated April 5, 2017, the state surveyors noted that the nursing home had failed to "document residents receiving education regarding the benefits of potential side effects of the influenza and pneumococcal vaccine." The failure by the nursing staff involve seven residents "who were offered or received pneumococcal vaccine" and four residents "reviewed for infection control and immunizations. This deficient practice could likely result in the resident not receiving influenza pneumococcal vaccines which could protect them from serious illness or death."
The state survey team reviewed the medical records for "four residents at the facility and found no documentation being offered or having received the pneumococcal vaccine." In addition, there was "no documentation found in the medical record of education provided on the benefits of receiving the influenza nor the pneumococcal vaccine for [five residents at the facility]."
The state investigator interviewed four residents at the facility and "was unable to provide signed documentation as confirmation that the residents or family members received the information regarding the benefits of obtaining influenza or pneumococcal vaccine." The state survey team reviewed the 2012 facility policy titled: Influenza Vaccine in 2012 Pneumococcal Vaccination Policy and Procedure that read in part:
Before "the vaccination, the resident (or resident's legal representative) will be provided information and education regarding the benefits of potential side effects of the influenza vaccine. Provisions of such education shall be documented in the resident's medical record."
"All residents will be offered the pneumococcal vaccine to aid in preventing pneumococcal infections."
"Assessments of pneumococcal vaccination status will be conducted … during the resident's admission if not conducted [before] admission."
"Before receiving [the pneumococcal vaccine], the resident or legal representative shall receive information and education regarding the benefits and potential side effects of the pneumococcal vaccine. Provisions of such education shall be documented in the resident's medical record."
"Residents/representatives have the right to refuse the vaccination. If refused, appropriate entries will be documented in each resident's Medical Records indicating the date of the refusal of the pneumococcal vaccination."
If you suspect your loved one is being abused or neglected while living at Casa Real Nursing Home, call the New Mexico nursing home abuse attorneys at Nursing Home Law Center at (800) 926-7565 now. Our network of attorneys fights aggressively on behalf of Santa Fe County victims of mistreatment living in long-term facilities including nursing homes in Santa Fe. Our experienced attorneys provide victims of nursing home abuse the legal representation they need against all those who caused them harm. Our network of attorneys can offer numerous legal options on how to proceed to obtain the financial compensation your family deserves.
Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim. Let us help 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 agreement. This arrangement postpones the need to make a payment to pay for legal services until after your case is successfully resolved through a jury trial award or negotiated out of court settlement. 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 working on your case today to ensure your family is adequately compensated for the damages that caused your harm. 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