Mistreatment of the elderly in nursing homes often involves physical and mental harm, emotional pain, neglect, and sexual assault. Sometimes, the indicators of mistreatment are challenging to identify, especially when they are confused with declining mental status or deteriorating physical health. Every member of the nursing staff has a legal responsibility to ensure all residents remain safe and in good health. Unfortunately, abuse and neglect still occur.
If your loved one was harmed while residing in a Montgomery County nursing facility, contact the Kansas Nursing Home Law Center attorneys, now. Let our team of lawyers work on your family’s behalf to ensure we hold those responsible for causing the harm legally and financially accountable. We can begin working on your case today to obtain financial compensation to recover your damages.
This nursing facility is a "for profit" Medicare and Medicaid-participating home providing services to residents of Cherryvale and Montgomery County, Kansas. The 45-certified bed long-term care center is located at:
1001 W Main Street, Po Box 366
Cherryvale, Kansas 67335
(620) 336-2102
In addition to providing 24/7 skilled nursing care, Cherryvale Nursing and Rehabilitation Center offers other services. Additional focused care includes diabetes management, pain management, intravenous (IV) therapy, oxygen therapy, bedsore care, ostomy care, respiratory care, dental services and restorative care involving physical, speech and occupational therapies.
The investigators for the federal and state nursing home regulatory agencies have the legal authority to impose monetary fines or deny payment for Medicare services if the nursing facility is cited for serious violations of rules and regulations.
Within the last thirty-six months, investigators imposed four monetary penalties against Cherryvale Nursing and Rehabilitation Center, citing substandard care. These penalties include a $10,293 fine on April 04, 2018, a $10,512 fine on January 11, 2018, a $10,808 fine on July 18, 2017, and a $26,865 fine on April 13, 2017, for a total of $58,478.
This nursing facility also received ten complaints and self-reported nine serious issues over the last three years that resulted in violation citations. Additional documentation about fines and penalties can be found on the Kansas Long-Term Care State Survey Reports.
Our attorneys review data on every long-term and intermediate care facility on Medicare.com and the Kansas Department of Public Health website.
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 failed to ensure timely laboratory testing to identify and treat urinary tract infection for [three residents].” The nursing home also “failed to monitor [one resident’s] adverse effects of the urinary tract infection to ensure the resident received timely services and treatment.”
For one resident, the surveyors reviewed their Urinary Care Assessment Area dated January 12, 2018, that identifies that the resident is wearing briefs for urine containment. There Urinary Incontinence Care Plan documented that the staff should “monitor and document for signs of urinary tract infection, that included painful urination, urinary frequency, and altered mental status.”
A review of the resident’s Physician’s orders directed the staff to “obtain a urinalysis with culture and sensitivity laboratory test on January 3, 2019, for a possible urinary tract infection.” However, when the surveyors reviewed the resident’s clinical records the staff “failed to obtain the resident urine specimen until January 7, 2019, a total of five days later.
The nursing home “failed to develop and implement interventions as a pressure relieving seat cushion to prevent the development of three Stage II pressure ulcers.” The investigation involved a resident with severely impaired cognition who requires extensive assistance of one or two staff members or most cares including “bed mobility, transferring, ambulation, and toilet use.”
Documentation shows that “the resident was at low risk for the development of pressure ulcers but had none since admission and without interventions in place for the prevention of pressure ulcers.” Six days later, the resident’s Care area Assessment for pressure ulcers assessed of the resident was “at risk for developing pressure ulcers.”
The following week, the resident’s Care Plan documented that the resident “had a Stage III pressure ulcer to the coccyx, and two Stage II pressure ulcers to the right buttock.”
Do you suspect that your loved one suffered injury or died prematurely while living at Cherryvale Nursing and Rehabilitation Center? Contact the Kansas nursing home abuse attorneys at Nursing Home Law Center at (800) 926-7565 for immediate legal intervention. We represent Montgomery County victims of abuse and neglect in all areas including Cherryvale.
Talk to our legal team today about your case through an initial, free claim consultation. We provide all our clients a 100% “No Win/No-Fee” Guarantee, meaning if we cannot secure financial compensation on your behalf, you owe us nothing. All information you share with our law offices will remain confidential.
Sources:
Attorney Ruben Krisztal
Licensed in Kansas
Chicago Nursing Home Injury Lawyer Nursing Home Law Center LLC Home