Chula Vista California Nursing Home Abuse Lawyers
There is been an increasing number in the population of baby boomers living in San Diego County reaching their retirement years. As a response, the nursing home industry has continued to overbuild many new facilities in anticipation for providing care and services to the elderly. Unfortunately, this has created a competitive market were nursing home administrators are going to great lengths to fill their beds including cutting back on the quality of care provided to ensure greater profits. In fact, the Chula Vista nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC as seen a significant rise in the number of cases involving nursing home neglect and abuse.
More than 250,000 residents live within the San Diego County including in Chula Vista, California. Out of that number, there are approximately 30,000 senior citizens who have reached their retirement years. Many elders have chosen to stay in Southern California to enjoy the beautiful environment, access to the Pacific Coast and enjoy all of the rich amenities only found in the San Diego area. However, the aging population has placed a significant demand on the number of skilled nurses and medical doctors needed to provide quality care in the last stages of life for these residents.
Many times, families have no other choice but to place a loved one in a nursing home in an effort to ensure they receive the best quality care possible. Unfortunately, incidents of neglect, mistreatment and abuse can happen to any nursing home resident. However, the mistreatment is most likely to occur to a resident that does not have the mental or physical capacity to voice complaints to nursing staff, family or friends. In California, nursing home abuse and mistreatment is recognized as negligent or intentional infliction of injury, intimidation or confinement that results in mental or physical harm.Chula Vista Nursing Home Resident Health Concerns
Nursing homes are prohibited by state and federal regulation from admitting and keeping residents in the facility who require more care, treatment and supervision than the facility can provide. Any violation of those regulations that results in the resident becoming injured could leave the facility, administrator and nursing staff legally liable.
Our California elder abuse attorneys have long served as legal advocates for every nursing home resident in the state. To help families, our team of lawyers continuously review, evaluate and assess information gathered through national databases including Medicare.gov. This information reveals specific details of opened investigations, filed complaints, health concerns and safety hazards in nursing facilities statewide. We post this publicly available information to allow families to make the best informed decision of where their loved one can receive the highest standards of care.Comparing Chula Vista Area Nursing Facilities
The detailed list below has been prepared by our Southern California nursing home lawyers outlining Chula Vista area nursing facilities that currently maintain below standard ratings compared to other facilities nationwide. In addition, we have added our primary concerns of specific cases that have caused injury, harm or death to residents at specific locations throughout San Diego County.Information on California Nursing Home Abuse & Negligence Lawsuits
Our attorneys have compiled data from settlements and jury verdicts across California to give you an idea as to how cases are valued. Learn more about the cases below:
- California Nursing Home Medical Error Lawsuits
- California Nursing Home Abuse Lawsuits
- California Nursing Home Inadequate Care Lawsuits
- California Nursing Home Bed Sore Case Valuations
- California Nursing Home Fall Case Valuations
SOUTH BAY POST ACUTE CARE
553 F Street
Chula Vista, California 91910
A “For-Profit” 99-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Follow Physician’s Orders When Administering Pain Medications to Ensure the Resident’s Quality of Life Is Not Diminished
In a summary statement of deficiencies dated 05/18/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “ensure that [1 resident at the facility] received adequate pain medication to control pain.” In addition, state surveyor noted the facility’s failure “to give adequate pain medication in accordance with the resident’s level of pain, which have the potential to result in uncontrolled severe pain that affected the resident’s quality of life.”
The deficient practice was noted after an observation of a resident at the facility was conducted at 4:47 PM on 05/11/2015 in the resident’s room who was “lying on her back with the head of the bed at 45 degrees, with her eyes opened […and] facial grimacing. When asked if she was okay, resident stated ‘I’m in pain, they just change my diaper [referring to an adult brief]. The resident] further stated that pain medication was given the same time the staff changed her.”
The following day, another follow-up observation was conducted at 4:39 PM in the resident’s room who was “laying on her left side with her eyes closed […and with] a facial grimace and was grunting.”
A joint observation and interview at 12:55 PM on 05/12/2015 with a facility Licensed Nurse who “was observed giving [the resident their] medication.” The Licensed Nurse stated that the resident “complained of five out of 10 pain [… stating] a pain level of five should be considered moderate (pain).”
The state investigator noted that even though the resident’s May 2015 MAR (Medication Administration Record) revealed that the resident was given Tylenol “by mouth every four hours as needed for mild pain… there was no guidance to nursing staff to determine the varying levels of pain.” The Licensed Nurse acknowledged “a pain level of five and above should not be considered mild [… stating] that the physician should have been notified and possibly get alternative pain medication.” The investigator notes that “there is no evidence this was done for [the resident].”
The resident’s MAR (Medication Administration Record) indicate that Tylenol was given on specific dates at the beginning of May 2015 with a resident experienced pain levels between 5 & 8.
The state investigator conducted a 6:45 AM 05/13/2015 interview with the License Nurse who stated that the resident “was sent out (went to the hospital) due to uncontrollable pain last night, despite [being given the] pain medication that was ordered yesterday [… stating] that the resident had a 10 out of 10 pain level. Our Chula Vista nursing home neglect attorneys recognize that failing to follow physician’s orders and administer pain to ensure that the resident’s quality of life is not diminished has the potential of causing extreme harm to the resident. The deficient practice by the nursing staff at South Bay Post-Acute Care might be considered negligence or mistreatment because the facility failed to develop a policy and procedure that indicates or guides nursing staff on how to identify the severity of mild, moderate and severe pain levels. In addition, the staff “were not clear on how to assess resident’s pain levels and to provide intervention appropriately.
VETERANS HOME OF CALIFORNIA – CHULA VISTA
700 East Naples Court
Chula Vista, California 91911
A “State Government Owned and Operated” 180-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Develop, Implement and Enforce Policies That Prevent Mistreatment, Neglect or Abuse of Residents
In a summary statement of deficiencies dated 01/20/2016, a complaint investigation against the facility was opened for its failure to “ensure staff completed a thorough investigation for [a resident at the facility] when he sustained a fractured of his right second toe.” The deficient practice by the nursing staff at Veterans Home of California – Chula Vista “had the potential for staff conducting the investigation and not implementing appropriate interventions for residents that acquired injuries of unknown origin.”
The complaint investigation was initiated at 10:20 AM 10/28/2015 when the state investigators made an unannounced visit to Veterans Home of California – Chula Vista to “investigate an entity reported incident. The incident concerned a right second toe fracture for [a resident at the facility] that occurred on 09/19/2015.”
At 11:30 AM that same day, the state investigators conducted an interview with a facility Certified Nurses’ Aide the stated that the resident “used a maxi left (a mechanical lift when the resident was unable to stand) with two people to get out of bed [… stating the resident] moved around during the transfers […and] got agitated every time they transferred him.”
The state investigator conducted a concurrent observation of the resident who “was observed in a low bed without side rails, and a tab alarm (a device that was connected to a piece of clothing. When the resident attempted to get out of bed or wheelchair, the string would be separated from the device and sound alarm). The bed was approximately three feet from the wall.”
A review of the resident’s Progress Note documented that the resident “is essentially non-ambulatory […and] can sit up in the gurney and requires a Hoyer lift with maximum assistance.” The state investigator noted that the resident’s MDS (Minimum Data Set) functional status reveals the resident has total dependence on transfers and one person physical assist.
The complaint investigation noted that on 10/19/2015, the resident’s Progress Note indicates that “during routine rounds, noted patient with right second toe redness and swelling, complained of pain when touch site.” Further review notes that at approximately 6:49 AM “during routine safety rounds, the Charge Nurse noted the resident with redness, swelling and pain on the right second toe. The Medical Doctor was notified who [provided orders].”
Attached to the Progress Notes was a written statement by the Certified Nursing Assistant providing care to the resident who “indicated, ‘I was assigned to the [resident on the days in question and] didn’t see or notice any redness or swelling on his right second toe’. There was no conclusion in the investigation form to the possible cause of the fracture or interventions that could be implemented to prevent recurrence.”
Our Chula Vista nursing home neglect lawyers recognize a failing to develop, implement and enforce policies that prevent mistreatment and neglect of residents has the potential causing every resident serious harm, injury or death. The failure by the nursing staff at Veterans Home of California – Chula Vista violates the facility’s 04/07/2015 policy and procedure title: Sentinel Events and Unusual Occurrences that reads in part:
“It is the policy of the skilled nursing facility to review, analyze report sentinel [important reportable events] events and unusual occurrences to prevent injuries to residents, staff and visitors, and to manage those injuries that do occur and to minimize the negative consequences to the injured individuals and facility.”
AMAYA SPRINGS HEALTH CARE CENTER
8625 Lamar Street
Spring Valley, California 91977
A “For-Profit” 50-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Provide Adequate Care for Residents Requiring Special Services
In a summary statement of deficiencies dated 01/07/2016, a complaint investigation against the facility was opened for its failure to “meet the special needs or follow physician’s orders for [2 residents at the facility].”
The complaint investigation was initiated because the facility failed to administer intravenous antibiotics for a resident at the facility through a PICC line – a recognized intravenous access procedure that can be used for prolonged periods of time – in a timely manner and performed every shift (Q) assessment and dressing change. This failure by the nursing staff at Amaya Springs Health Care Center resulted in not identifying “a change in condition to a spinal wound”.
The state investigator noted that “timely ministration of IV antibiotics, accurate identification and follow-up for declining wound were essential to support healing from an antibiotic resistant infection.”
The state investigator conducted a 9:18 AM 08/24/2015 tour the facility and made an observation of a resident who was interviewed. The resident stated that “he had back surgery seven months ago and had suffered other medical problems which had required surgery during his recovery [… stating] he had been administered his IV antibiotics late last night (08/23/2015) at or about 11:30 PM or 12:00 PM last night.” The resident indicated, “we were waiting for the Registered Nurse, he did not show up until 11:00 PM [… stating] that the facility staff had informed him that his wound was healing and the condition was normal.”
However, when the resident was asked to roll around us aside in an observation was made of the spinal wound drainage was observed in an open area in the center of the wound. “Also, surrounding the open area of the skin was observed to be macerated (liquid associated drainage) and the surrounding skin was red.”
The state investigator conducted an interview at 9:30 AM 08/20/2015 with the resident’s License Nurse who stated “that the wound site was observed to be reddened with moisture associated effects to the skin, it was determined to be, as it was on admission [… in that] the area had not declined based on daily observations and treatments as ordered. However, the [Licensed Nurse] acknowledged that the condition of the skin was not normal.”
An interview was conducted by the state investigator at 10:00 AM on the same day with the facility’s Director of Nursing in regards to the distraction of IV therapy for the resident in providing antibiotics in a timely manner according to physician’s orders. The Director of Nursing indicated that the “night shift Registered Nurse came in to administer the nighttime dosage of IV antibiotics at 11:00 PM [… stating] that the night Registered Nurse would participate in report at the change of shift before administering the IV [to the resident stating] that the IV [as ordered for the resident by the physician] was due one hour before or one after 10:00 PM.”
The state investigator also performed a review with the Assistant Administrator and the Director of Nursing in an effort to determine if the Registered Nurse administered the intravenous antibiotic medication on time. The Director of Nursing stated that the IV medication was “administered late and not in accordance with the physician’s orders.
In a separate incident, the state surveyor conducted an investigation of a resident with a complicated peripheral wound who “was not screened by the wound care specialist for potential acceleration in care. Registered Nurse responsible for the coordination of special needs did not meet the needs of [this resident].”
Our Spring Valley nursing home neglect attorneys recognize the failing to follow protocols and procedures to provide adequate care for every resident requiring special services could place the health and well-being of the resident in danger. The deficient practice by the Registered Nurse in providing IV antibiotic medications outside the parameters of the physician’s orders violates state and federal regulations. The failure by the nursing staff at Amaya Springs Health Care Center might be considered negligence or mistreatment.
PARKWAY HILLS NURSING and REHABILITATION
7760 Parkway Drive
La Mesa, California 91942
A “For-Profit” 60-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Follow Physician’s Orders When Administering Pain Medication on a Routine Basis
In a summary statement of deficiencies dated 12/09/2015, a complaint investigation was opened against the facility for its failure to “administer pain medication as ordered by the physician on a routine basis for [a resident at the facility].” The deficient practice by the nursing staff at Parkway Hills Nursing and Rehabilitation Center resulted in the resident experiencing “severe pain and did not receive routine pain medications for three of four routine dose times in a 24 hour period.
The complaint investigation included a review of the resident’s MAR (Medication Administration Record) outlining physician’s orders and medications including narcotics to be given for pain management. According to the MAR records, the resident was to receive narcotic pain medications one tablet by mouth four times per day for pain management at 8:00 AM, 12:00 PM, 4:00 PM at 8:00 PM. The MAR (Medication Administration Record) notes that the start date of administering the pain medication order began on 08/07/2015.
However, the resident upon review stated “that the facility ran out of her pain medication and she missed two doses of her routine pain medication – the 11:00 AM and 12:00 PM dose. Pain medication was not available for 4:00 PM dose [as was detailed by the both the resident and the resident’s License Nurse in charge of providing care and medication].”
The state investigator conducted a 3:45 PM 09/14/2015 interview with the resident who stated “have not received pain medication since 09/13/2015 at 8:00 PM [The previous day].” The resident stated while lying in bed, “her pain level was 8 out of 10 at present.” The resident also indicated that “she was not able to ambulate in her room, or make any calls she needed to make, because of the pain.”
The Licensed Nurse noted in an interview at 5:50 PM on 09/14/2015 that “when the medication nurse notices there are only two days of medication remaining, a call is placed to the pharmacy for refill.”
A subsequent interview 20 minutes later with another License Nurse revealed that “the pharmacy was called that morning to request a refill of [the resident’s pain medication] tablets. [The Medical Doctor’s] office was faxed.” However, that Medical Doctor “was no longer the prescribing physician [for the facility]. The Licensed Nurse relayed that information to the pharmacy. By that afternoon, the Licensed Nurse called the doctor’s office at 3:30 PM “to inquire if a new prescription was sent to the pharmacy.” The Licensed Nurse was assured that the prescription was on its way and being delivered to the pharmacy but that “it can take 3 to 4 hours for the delivery.”
The state investigator noted that the resident’s MAR (Medication Administration Record) did not document the resident’s pain level assessment for 8:00 AM and 12:00 PM on 09/14/2015 […and]” however, the resident’s “pain was assessed at the 4:00 PM scheduled dose time [… where the resident’s] pain was reported and documented to be 8 out of 10.” At that time, the resident “was not medicated and the medication had not been refilled or delivered to the facility.” The surveyor noted that it had been 21 hours where the resident had not received their pain medication.
Our La Mesa nursing home neglect attorneys recognize that failing to follow physician’s orders when administering pain medication on a routine basis could place the health and well-being of the resident in immediate jeopardy. The deficient practice by the nursing staff at Parkway Hills Nursing and Rehabilitation Center violates both federal and state nursing home regulations and does not follow the established procedures and protocols adopted by the facility including their policy titled: Handling Orders for Scheduled II Control Drugs: Reordering Drugs that reads in part:
“Reorder Schedule II drugs when there is at least 10 day supply remaining. The pharmacy will contact the prescriber’s office for approval and appropriate prescriptions.”
COUNTRY HILLS HEALTH CARE CENTER
El Cajon, California 92021
A “For-Profit” 305-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Develop, Implement and Enforce Policies and Procedures to Eliminate the Spread of Infection throughout the Facility
In a summary statement of deficiencies dated 11/05/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s Quality Assurance/Assessment Committee failure to “identify issues of incomplete data collection with in the Infection Control Program.” The state investigator also noted the facility’s failure “to identify proper placement of a resident who require contact precautions.”
The deficient practice of the nursing staff at Country Hills Health Care Center resulted in the committee being “unable to determine action plan since the data collected could not be accurately aggregated, analyzed or summarized in order to provide a safe, and sanitary environment or help prevent the development and transmission of infection.”
The deficient practice was noted after the state surveyor conducted a joint observation and interview at 10:50 AM on 11/02/2015 with a Licensed Nurse at the facility. “During the initial tour of the facility, a Contact Precaution sign was observed outside the room of [3 residents].” The Licensed Nurse indicated that one resident “had tested positive for [an contagious infectious condition] and was on antibiotics.” The state investigator indicated that the medical condition was recognized as “bacteria that can cause swelling and irritation of the large intestine and can be spread by an infected person.”
The following day at 9:04 AM, the state investigator conducted another joint observation with the facility’s Director of Staff Development (DSD) when it was noticed that the Contact Precaution sign was removed. The Director of Staff Development “stated that contact precautions had been discontinued […and the resident] no longer had symptoms and therefore the physician discontinued the precautions. The Director also stated that the resident “had been cohorted with [2 other residents] because they did not have any private rooms [… stating one resident in the room] had a suprapubic catheter and [another resident] had received [medical treatments using a machine that removes waste products from the blood].”
However, upon review of the facility’s August, September and October infection surveillance logs, both the Director of Staff Development and the Director of Nursing “acknowledged that they were incomplete. Therefore, the lack of information could not be analyzed for accurate data related to the infection control within the facility.”
Our El Cajon nursing home neglect attorneys recognize that any failure to develop, implement or enforce policies, protocols and procedures that can eliminate the spread of infection throughout the facility jeopardizes every resident. The deficient practice by the Administrator and nursing staff at Country Hills Health Care Center might be considered negligence or mistreatment because it fails to follow the facility’s policy and procedure titled: Infection Control – Contact Precautions and the Centers for Medicare and Medicaid Services regulation 483.65 regarding Contact Precautions that read in part:
“Place individual in a private room if possible”
“Depending on the situation, options for residents on contact precautions may include the following: a private room, cohorting, or sharing a room with a roommate with limited risk factors (e.g., without indwelling devices, without pressure ulcers and not immunocompromised).”Signs and Symptoms of Physical Abuse and Neglect
In many situations, family members are unaware of exactly what is happening to their loved one in a nursing facility because they are unaware of how to detect the physical signs and symptoms of abuse or neglect. Some signs and symptoms that physical abuse is occurring in a loved one might involve:
- Unexplained bruising
- Detectable signs of burning, choking or beating
- Broken bones
- Skin tears
- Indicators of verbal intimidation or harassment
- Forced nudity or sexual battery
- Open wounds or bedsores acquired at the facility after admission
- A lack of equipment maintenance
- Nurses and doctors to falsify records
- A delay in diagnosis or medical treatment
- Drug errors including giving the resident the wrong medication or giving the drug to the wrong resident
- malnutrition and dehydration
- Injuries caused by physical/chemical restraint
- Residents who elope or wander away from the facility
- Falls that occur due to a lack of supervision
In many cases, residents become victims of neglect because their condition was improperly assessed or evaluated by the nursing staff/medical director that without proper treatment could ultimately lead to their death.The Benefits of Legal Representation
It is not uncommon that California caregivers are found guilty of abuse and neglect through a failure to provide all the necessary assistance to a senior citizen to ensure their health and well-being. The Chula Vista nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC understand the challenge family members face when knowing that their loved one is the victim of neglectful or abusive caregivers. Our California elder abuse lawyers are familiar with state and federal laws and regulations designed to protect nursing home residents and ensure they remain safe in a protective environment.
As an advocate for you and your family, our law firm fights aggressively to ensure you receive the monetary compensation you are entitled to due to your injuries, damages, loss or wrongful death. Working on your behalf, we take every step necessary to hold those responsible legally and financially accountable.
For more information on how our California nursing home lawyers assist families in pursuing a claim or lawsuit involving nursing home neglect or abuse, contact us today at (800) 926-7565. We accept all nursing home neglect, mistreatment and abuse cases through contingency fee agreements. This means you are only charged a fee once we secure your financial recovery through an acceptable out of court settlement or upon conclusion of a successful lawsuit trial.
For additional information on California laws and information on nursing homes look here.
If you are looking for information on a specific facility or an attorney, please see links below to respective locality pages.