Clarksville / Murfreesboro Tennessee Nursing Home Abuse Attorney
Seeking recompense in a nursing home abuse or neglect case continues to be the fastest-growing type of civil litigation occurring in the United States. While many families believe that the goal of nursing homes is to provide the highest level of medical attention and care to individuals who are most vulnerable, the reality is quite different. In fact, The Clarksville and Murfreesboro nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have represented many residents in nursing facilities who have suffered serious injury, harm or damage at the hands of their Tennessee caregivers.
There are many different forms of elder mistreatment that occur in nursing homes that can include physical altercation, sexual assault, emotional trauma or negligence. With advocacy and ongoing vigilance, family members can take a variety of steps to ensure their love and remain safe and a compassionate environment.
It is no wonder that the growing numbers of cases involving mistreatment in nursing facilities have risen substantially over the last few decades. This is because the aging population has at an alarming rate as many more baby boomers enter their retirement years. Out of the nearly 490,000 residents living in both Montgomery County and Rutherford County, almost 42,000 are senior citizens. This number has risen in recent years by nearly 12 percent since 2010.
The increasing aging population in both communities and a limited number of nursing home resources has placed a heavy burden on Administrators of nursing facilities, assisted-living homes and rehabilitation centers to meet the demands of their residents. As a result of a lack of qualified nursing staff in an overcrowded environment, many nursing homes have developed patterns of providing a lack of quality care and other serious issues of the residents.Clarksville/ Murfreesboro Nursing Home Resident Health Concerns
Our Tennessee elder abuse attorneys have an extensive history in providing legal services to nursing home residents all throughout the state. To maintain our high integrity and professional reputation, we continuously assess, review and evaluate many of the health concerns, safety violations, filed complaints and opened investigations made by state and federal surveyors, inspectors and investigators. This information is gathered from publicly available databases including Medicare.gov.Comparing Murfreesboro/Clarksville Area Nursing Facilities
The list below was compiled by our Tennessee nursing home neglect attorneys that outlines all of the nursing facilities in the Murfreesboro and Clarksville areas that currently maintain below rankings compared to other facilities throughout the United States. In addition, our team of lawyers has posted their primary concerns by showing specific cases where the resident has been harm, injured or died at the hands of caregivers and other residents due to abuse, neglect or mistreatment.Information on Tennessee Nursing Home Abuse & Negligence Lawsuits
Our attorneys have compiled data from settlements and jury verdicts across Tennessee to give you an idea as to how cases are valued. Learn more about the cases below:
- Tennessee Nursing Home Bed Sore Case Valuation
- Tennessee Nursing Home Abuse Valuation
- Tennessee Nursing Home Fall Cases
GRACE HEALTHCARE OF CLARKSVILLE
111 Ussery Road
Clarksville, Tennessee 37043
A “For-Profit” 122-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Ensure That Residents Receive Proper Treatment to Allow an Existing Bedsore to Heal
In a summary statement of deficiencies dated 07/24/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “correctly identify a sacral pressure ulcer upon admission [for a resident at the facility] with pressure ulcers.”
The deficient practice was noted by state surveyor after a review of the resident’s Admission MDS and Quarterly MDS that documents the resident had a been score of 00, indicating the resident “was severely cognitively impaired. Skin conditions were documented as one Stage I pressure ulcer present on admission.” The resident’s Quarterly MDS (Minimum Data Set) reveal documentation that the “skin conditions as one stage III pressure ulcer present upon admission.”
The facility’s Wound Assessment Report revealed that on 11/24/2014, the resident’s had a “Stage I pressure ulcer to sacrum present upon admission.” By 12/09/2014, the resident now had a “Stage II pressure ulcer to sacrum [with an] open area. The area is small, superficial with no drainage or malodor.” A notation is made in the wound assessment report on 12/26/2015 that the “Stage II wound status unchanged.”
By 12/31/2014, a notation is made in the Wound Assessment Report to cleanse the open area giving specific instructions to the nursing staff. Notations made on 02/04/2015 show “wound status unchanged.” However, by 02/22/2015, a change in the condition is noted as “Stage II to sacral wound now presents as stage III” and the last notation made on 03/17/2015 note the wound on the resident’s sacrum as “Stage III.”
The investigator interviewed the facility’s Licensed Practical Nurse at 8:05 AM on 07/24/2015 providing care to the resident. The Licensed Practical Nurse was asked about the resident’s wound and stated “in February 2015, the wound was not a Stage II, there was slough in the wound bed. It was a Stage III.”
The investigator interviewed the facility’s Director of Nursing 30 minutes later 8:35 AM who provided “an admission department note dated 11/24/2014, which documented a white sloughing area to the center of the wound.” The Director of Nursing stated “she was admitted with a Stage III, not a Stage I. When you have slough, it is a [Stage] three.”
The state investigator then asked the Director of Nursing “if she was stating the MDS (Minimum Data Set) and the Weekly Wound assessments for [the resident’s] were not accurate” to which the Director replied, “Yes.”
Our Clarksville nursing home neglect attorneys recognize that failing to ensure residents receive proper treatment to allow an existing bedsore to heal could place their health and well-being in jeopardy. The deficient practice by the nursing staff either involved improper care and treatment that allowed in the resident’s bedsore to degrade to a life-threatening condition or it was a failure to document the wound accurately upon admission. The failure by the staff might be considered negligence or mistreatment because their actions do not follow established procedures and protocols enforced by nursing home regulators.
CLARKSVILLE MANOR NURSING CENTER
900 Professional Park Drive
Clarksville, Tennessee 37040
A “For-Profit” 113-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Immediately Inform the Resident, the Resident’s Doctors and Family Members of a Change in the Resident’s Situation That Could Affect Their Health and Well-Being
In a summary statement of deficiencies dated 10/15/2015, a complaint investigation against the facility was opened for its failure to “notify the physician after a clinical change of having pressure and not being able to urinate.”
A part of the investigation consisted of a review of a resident’s Admission MDS (Minimum Data Set) documenting that the resident “had a cognitive score of 15, indicating the resident is cognitively intact and was occasionally incontinent. The resident’s 06/19/2015 Care Plan notes: “Toileting requires extensive assistance, change incontinence pads/brief.”
The state surveyor conducting an investigation into the resident’s 06/11/2015 Clinical Notes that reveal that the resident “arrived at the facility via ambulance stretcher. Assisted the bathroom. Resident, bowel and bladder with occasional urinary leakage.” Two days later, the notation on 06/13/2015 documents: “Complains of difficulty urinating since catheter was removed in the hospital. States that there is a lot of pressure when he is finally able to urinate that it is a lot.”
The following day, the clinical notes revealed: “Continues to complain of bladder pressure building up. Claims he cannot urinate that just a little leaks out. Incontinent of urine. Will continue to monitor ability to urinate.” Two days later on 06/16/2015, the notations reveal: “Resident complains of pressure and being unable to get it all out in regards to urinating. This nurse (Registered Nurse) palpated the resident’s abdomen and noted a slight distention. Nurse Practitioner notified.”
Additional notations reveal that “on 06/14/2015 [the resident] complained of bladder pressure building up.” However, the Nurse Practitioner nor physician was not notified until the following day on 06/15/2015.
The state investigator conducted an interview at 8:40 AM on 09/15/2015 with the facility’s Director of Nursing who “was asked when the physician should be notified of the change in a resident’s condition” to which the Director replied, “I would say, personally I would notified the time of change.”
As a part of the investigation, the state investigator conducted a 1:37 PM 09/24/2015 interview with the Registered Nurse providing the resident care who “was asked if [the resident] had told her he was having any trouble voiding [urinating].” The Registered Nurse stated, “the first time I had him. If I remember correctly, the day shift had mentioned he was having trouble urinating. He said he was having pressure.”
Our Clarksville nursing home neglect attorneys recognize that any failure to immediately notify of resident’s doctor of the resident’s change in condition could affect their health and well-being. The deficient practice of the nursing staff at Clarksville Manor Nursing Center might be considered negligence or mistreatment because their actions fail to follow established procedures and protocols enforced by state and federal nursing home regulators.
PALMYRA HEALTH CARE CENTER
2727 Palmyra Rd
Palmyra, Tennessee 37142
A “For-Profit” 55-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Report and Investigate Any Act or Report of Abuse, Neglect or Mistreatment of Residents Including Taking Resident’ S Money
In a summary statement of deficiencies dated 02/12/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “report an incident to the state survey and certification agency within five working days of the reported incident [involving] investigations for misappropriation of property.”
The deficient practice was noted by state investigator after reviewing a resident’s Annual MDS with Assessment Reference Date (ARD) of 09/11/2014 documenting the resident’s Brief Interview for Mental Status (BIMS) score of 15 indicating that “the resident was cognitively intact.”
The state investigator reviewed the facility’s Incident Report revealing that an alleged incident occurred on 09/05/2015 when the “Administrator noticed the spend down for [a resident] had not been reconciled due to no receipts or change had been returned to the bookkeeper after a $500 check had been distributed to the Activity Director to purchase clothing for [that resident].”
That day, the Administrator questioned the Activity Director who “indicated that her car had been repossessed and the remainder of the $500 was in the pocket of the repossessed car. The Activity Director did pay the Administrator back $300 on 09/18/2014.” However, “on 09/25/2014, the resident petty cash was noted to be $71 short.” Some time later, the Activities Director left the facility and texted the Administrator on 09/25/2015 indicating that they “would not be returning as an employee of the facility.”
However, the state investigator noted that “the facility investigation had no documentation [that] the accused employee (Activity Director) was interviewed by the facility […and] that the facility was unable to provide documentation of a written statement obtained from the victim, the accused or any other staff member that was interviewed in regard to the alleged allegations of misappropriation of money.”
The investigator conducted a 4:15 PM 02/09/2015 interview with the Administrator who “was asked for the investigation of the facility self-report complaint regarding misappropriation of property concerning [the resident] that occurred on 09/05/2015.” During the interview, the Administrator replied, “we tried to keep it on the low side.” It was noted as a part of the investigation that the “Administrator provided a one-page investigation to the surveyor” stating, “You’ll understand it when you read it.”
A follow-up interview on 02/12/2015 revealed that “the Administrator was asked about reporting the missing $500 to the date in the appropriate timeframe. The investigation for the misappropriation of property began on 09/05/2015.” However, “the Administrator confirmed this incident was not reported to the state until 10/01/2014.”
Our Palmyra nursing home abuse attorneys realize that failing to follow procedures and protocols to investigate a misappropriation of a resident’s funds might be considered abuse or mistreatment. The deficient practice by the administration at Palmyra Health Care Center failed to follow their own policy title: Prevention/Training/Identification that reads in part:
“Misappropriation of resident property means the deliberate misplacement or wrongful/temporary or permanent use of a resident’s belongings or money without the resident’s consent. All alleged violations involving mistreatment, abuse or neglect will be thoroughly reviewed by the facility and in accordance with state and federal law.”
DICKSON HEALTH AND Rehabilitation Center
901 N Charlotte
Dickson, Tennessee 37055
A “For-Profit” 70-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Develop, Implement and Enforce Programs That Can Control or Maintain Infection from Spreading throughout the Facility
In a summary statement of deficiencies dated 06/24/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “perform hand hygiene to prevent the potential spread of infection or handle include barehanded during dining.”
The deficient practice was noted by state investigator making observations of the facility dining room at 11:55 AM on 06/22/2015. During the observation, it was revealed that a Licensed Practical Nurse “drop cups on the floor from the tray cart, pick up the cups, then took the tray from the dining room tray cart and place the tray on the cart to serve the residents in the hall, without performing hand hygiene.” The same Licensed Practical Nurse “assisted a resident with a chair alarm, touching the wheelchair, then continue to assist feeding a resident without performing hand hygiene.
During the same observation, a Certified Nursing Assistant (CNA) “moved a wheelchair, then continued feeding a resident, without performing hand hygiene.” A second CNA “placed her right hand on a chair, touched the resident’s clothing, and continued to feed the resident without performing hand hygiene.”
Earlier observations at 11:34 AM revealed that a third Certified Nursing Assistant “was seated to feed a resident, she went to assist another resident to sit down, and returned to continue to assist in feeding the other resident without performing hand hygiene.”
The state investigator conducted a 3:05 PM 06/24/2015 interview with the facility’s Director of Nursing who “was asked would you expect an employee to wash their hands after picking up something off the floor.” The Director of Nursing replied, “Yes ma’am.” The Director also agreed that it should not be expected that a CNA would touch the food to give to a resident barehanded and would expect “an employee to wash hands after touching items in the environment and touching residents.”
Our Dickson elder abuse lawyers recognize that failing to develop, implement and enforce programs that can maintain or control infection from spreading throughout the facility could place all residents’ health and well-being in jeopardy. Deficient practice by the nursing staff at Dickson Health and Rehabilitation Center might be considered negligence or mistreatment because their actions failed to follow the facility’s policy title: Handwashing/Hand Hygiene that reads in part:
“The preferred method of hand hygiene is with an alcohol-based hand rub. If hands are not visibly soiled, using alcohol-based hand rub… after contact with objects (i.e. medical equipment) in the immediate vicinity of the resident […and] after removing gloves.”
CREEKWOOD PLACE NURSING And Rehabilitation Center
107 Boyles Drive
Russellville, Kentucky 42276
A “Not for Profit” 104-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Follow Procedures and Protocols When Providing Wound Assessments to Document Weekly Skin Observations
In a summary statement of deficiencies dated 02/27/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “provide the necessary care and services related to wound assessments for two [residents the facility].” In addition, the state surveyor noted the facility’s failure “to complete a document weekly skin observations for [a resident].”
The deficient practice was noted by the state investigator after reviewing a resident’s 02/11/2015 Significant Change MDS (Minimum Data Set) Assessment that revealed the resident’s Brief Interview for Mental Status (BIMS) score was 14 indicating their “cognition as cognitively intact.”
At the state investigator that conducted a 02/24/2015 interview with the resident during an initial tour of the facility. The resident revealed: “I have a sore on my butt but they [keep] putting cream on.” During the interview, it was revealed that the resident “had been receiving treatment to the wound for over a month.”
During a 10:25 AM 02/25/2015 observation of the resident’s skin assessment it was revealed that the resident “had an open area to the right buttocks with measurements of 4.0 centimeters by 3.0 centimeters.” These measurements were obtained by the Licensed Practical Nurse providing the resident care. Further observation revealed that the Licensed Practical Nurse “cleanse the right buttock with wound cleanser and applied [a specific medication] ointment and left the wound open to air.”
The surveyor noted documented that the 01/25/2015 Nurse’s Notes revealed that “the resident acquired the wound to the right buttock while being repositioned in bed.” Additionally, there was no weekly assessments or documentation in the resident’s Medical Record revealing any ongoing assessment of the area.
In a 10:40 AM 02/25/2015 interview with the Licensed Practical Nurse it was revealed that “the one to the resident’s right but it was identified as shearing.” However, there were no weekly skin assessments conducted to assess or reevaluate any change to the wound.
The state investigator then conducted a 2:30 PM 02/27/2015 interview with the facility’s Director of Nursing who revealed that “she was not aware [the resident’s] wound to the right buttocks had progressed to a pressure related area […and] she would expect any changes in a wound to be assessed weekly or as needed” and documented.
In an earlier interview with the Director of Nursing at 10:15 AM on the same day, it was revealed that “the facility did not have a policy specific to clinical assessments prior to transfer or upon return from another facility. She said when a resident returns from an emergency room visit the nurse should assess and complete a two-page document titled: Clinical Admission Checklist for New or Readmitted Residents dated 11/19/2015.”
Our Russellville nursing home neglect attorneys recognize that failing to provide all the necessary care and services when treating a resident’s wound could place their health and well-being in immediate jeopardy. The deficient practice by the nursing staff at Creekwood Place Nursing and Rehabilitation Center might be considered negligence or mistreatment because their actions failed to follow the facility’s 12/19/2013 policy title: Pressure Ulcer/Wound Care – Clinical Practice Guidelines that reads in part:
“A review should be completed upon identification of a wound or pressure sore, and weekly until resolved. Documentation of the wound should be made on the Admission/New Onset/Weekly Wound Analysis Form.”
NORTHSIDE HEALTH CARE NURSING AND REHABILITATION CENTER
202 East MTCS Road
Murfreesboro, Tennessee 37130
A “For-Profit” 68-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Provide Every Resident a Nursing Home Environment Free of Accident Hazards and Provide Supervision to Prevent Resident to Resident Repeated Altercations
In a summary statement of deficiencies dated 09/02/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “implement interventions for [two residents of the facility] reviewed for accidents / incidences.”
The deficient practice was noted by the state surveyor after a review of a resident’s Quarterly MDS (Minimum Data Set) that revealed a Brief Interview for Mental Status (BIMS) score of nine “indicating moderate cognitive impairment” who was involved in a two resident altercation.
The surveyor also reviewed the other resident’s Annual MDS (Minimum Data Set) with a Brief Interview for Mental Status (BIMS) result of “no score” indicating severe cognitive impairment.
A review of one of the resident’s 01/28/2015 4:25 PM Clinical Note from the facility’s Social Services Director (SSD) that revealed that “nursing had reported [that one resident] wandered into the room up [another resident who] attempted to escort [the wandering resident] to the door.” It was during that time that the wandering resident “attempted to hit [the resident] and when the resident attempted to defend himself, he made contact with [the face of the wandering resident who] was removed from the room.”
That evening, at 12:03 AM on 01/29/2015, the resident “continue to wander into the other resident’s room at random.”
The state investigator reviewed the 02/02/2015 Facility Investigation Document that revealed that the wandering resident again “wandered into the room of [the other resident] on 02/02/2015 [when the wandering resident] attempted to hit [the resident] and fell from his wheelchair, with no injuries sustained to either resident.”
The 02/03/2015 12:45 AM Clinical Note for the wandering resident revealed that the resident was “taken to a common area, monitor after wandering into another resident’s room. Continues to wander in hallways without signs or symptoms of distress.”
The investigator interviewed the facility’s administrator Director of Nursing at 6:55 AM on 09/02/2015 were both confirmed “due to [both resident’s] having no past history of behavioral issues and no capability to move [the wandering resident] to another room, the only intervention put into place after the resident to resident altercation on 01/28/2015 was to separate and monitor the residents.”
During the interview, it was “revealed another altercation occurred on 02/02/2015 between the same residents and [the wandering resident] was moved to another hallway.”
Our Murfreesboro nursing home neglect attorneys recognize that failing to follow procedures and protocols to ensure that residents are free from repeated resident-to-resident altercations could place the health and well-being of the residents in Immediate Jeopardy. The deficient practice by the nursing staff and Administrator at Northside Health Care Nursing and Rehabilitation Center might be considered negligence, abuse or mistreatment because their actions failed to ensure the safety of both residents during and after the confrontations.
Seeking Justice and Recompense for a Loved One
At first glance, there are numerous government regulatory agencies enforcing both federal and state regulations, guidelines and rules. Unfortunately, these agencies have limited staff and often cannot provide the amount of oversight necessary to ensure the protections of all residents in nursing facilities throughout Tennessee. Because of that, family members must often take an advocacy role on behalf of their loved one to ensure they receive the highest level of quality care.
Many family members are often second of the idea that the loved one has been abused, mistreated or neglected by the nursing staff, other residents, visitors and employees. Typically, the only way to ensure that the loved one is protected from those causing harm is to seek justice and hold all responsible parties financially accountable for their unacceptable behavior.
Often times, detecting a sign or symptom of abuse and neglect can be challenging. Most of the common cases handled by our Tennessee elder abuse attorneys include:
- Unexplained injuries
- The signs of food deprivation including rapid weight loss or malnutrition
- A lack of proper hydration
- The development of a bedsore days or months after admission to the facility
- Heavy sedation used as a chemical restraint
- A lack of supervision that leads to an elopement or wandering away from the facility without notice
- Poor hygiene including dirty hair, nails or body odor
- Delay diagnosis, misdiagnosis or lack of treatment
- Bruising and marks that indicate the use of unauthorized/unwarranted physical restraint
- Unexplained behavior including fear or being upset
- Signs of isolation where the resident is not allowed to participate in ADL (activities of daily living), group activities or have visitors
- Medical errors
- Drug mistakes including administering medication to the resident that belongs to another resident
- Unusual childlike behavior including rocking or sucking the thumb
- Events involving physical assault such as beating, shaking or pushing by caregivers or other residents
- Unsanitary living conditions
- Dangerous living conditions including slippery surfaces, broken handrails, malfunctioning equipment or a lack of equipment
- Wrongful death
In many incidents, the resident remains silent about being mistreated, neglected or abused. This is especially problematic for residents suffering from dementia or Alzheimer’s disease who often lack the ability to speak out, defend themselves or provide their own care at any level. If you believe your loved one has been subjected to abuse or the victim of neglect you likely have grounds to seek a personal injury claim for compensation against the nursing staff and/or facility.Obtaining Legal Representation
The Murfreesboro nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC have represented many nursing home residents throughout Tennessee. Our team of dedicated Rutherford County nursing home owners can review your case through a free consultation to provide you a variety of legal options on how we can seek financial compensation on your behalf.
We encourage you to contact our law offices today at (800) 926-7565. We accept all nursing home neglect, wrongful death and personal injury claims through contingency fee arrangements. This means we provide immediate legal representation without any upfront retainer or fee.
For additional information on Tennessee 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.