Do you suspect that your loved one was neglected or abused while residing in a Jefferson County nursing facility? Where they victimized by caregivers, employees, visitors or other patients? If so, you are likely entitled to receive monetary compensation to recover your family’s damages.
We encourage you to contact the Kentucky Nursing Home Law Center attorneys now for immediate legal intervention. Our team of lawyers has handled cases exactly like yours throughout the State of Kentucky and can help your family too. We use the law to hold those responsible for harm both legally and financially accountable.
This facility is a "for profit" center providing services to residents of Louisville and Jefferson County, Kentucky. The Medicare/Medicaid-participating 110-certified bed long-term care (LTC) home is located at:
446 Mt. Holly Avenue
Louisville, Kentucky, 40206
(502) 897-1646
In addition to providing around-the-clock skilled nursing care, Clifton Oaks Care Center offers other services and amenities that include:
Both the State of Kentucky and the federal government can impose monetary fines or deny payments through Medicare when a nursing facility has been found to violate established regulations and rules. The greater the monetary penalty, the more serious the violation is that likely harmed or could have harmed one or more residents at the nursing home.
Within the last three years, Clifton Oaks Care Center receive three formally filed complaints and self-reported one serious issue that all resulted in citations. Additional information about fines and penalties can be reviewed on the Kentucky Department of Health Care Nursing Home Reporting Website concerning this nursing facility.
To ensure families are fully informed of the level of care every nursing home provides, the state of Kentucky routinely updates their long-term care home database system. This information reflects a complete list of filed complaints, opened investigations, safety concerns, incident inquiries, health violations, and dangerous hazards that can be found on numerous sites including Medicare.gov and the KY 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 one out of five stars for quality measures. The Jefferson County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Clifton Oaks Care Center that include:
In a summary statement of deficiencies dated February 15, 2018, the state investigators documented that the facility had failed to “prescribe medications available to administer for one resident].” The investigators reviewed the facility’s policy titled: Medication Ordering and Receiving from Pharmacy and the policy titled Medication Administration – General Guidelines revised on December 18, 2012, that reads in part:
“Medications are received from the pharmacy on a timely basis, and timely delivery of new orders is required, so medication administration is not delayed.”
“Medications are administered [by] the Physician written orders without unnecessary interruption and staff should contact the pharmacy front unavailable medication.”
The state survey team reviewed the resident’s Controlled Drug Records that showed that staff “signed the last dose” which “depleted the supply.” The records reveal that the facility did not receive another supply of the controlled substances until seven days later.
The investigators interviewed a Licensed Practical Nurse (LPN) who revealed that “the resident admission process included a review of the medications listed on the discharge summary with the admitting Physician. A list of medications was printed and facts of the pharmacy who supplied the medications.” The LPN stated that “upon arrival from the pharmacy, the medications might or might not be audited for accuracy.”
In a summary statement of deficiencies dated December 22, 2017, a state surveyor documented that the facility had failed to ensure Purified Protein Derivative was not expired and stored in the medication storage rooms. The surveyors reviewed the facility’s policy titled: Medication Stored in the Facility, Storage of Medications that reads in part:
“Medications and biologicals are stored safely, securely, and properly, following the manufacturer’s recommendations or those of the supplier. Outdated, contaminated, or deteriorated medications and those in containers that are cracked, soiled, or without secure closures are immediately removed from stock, disposed of according to procedures for medication disposal and reordered from the pharmacy if a current order exists.”
The survey team observed the Rehabilitation Medication Room that showed a vial of Purified Protein Derivative was opened and available for use “three days past the expiration date.” The surveyors interviewed the Assistant Director of Nursing who said that “all nurses should review the medication daily in the refrigerator when the necrotic count was completed.” The Assistant Director stated that the Purified Protein Derivative “should have been discarded” upon expiration “and reordered from the pharmacy.”
The facility Director of Nursing stated that “nurses should discard expired medication and was not aware of expired medication in the medication refrigerator.” The facility Administrator confirmed that the “nursing staff should routinely monitor resident medication to ensure the correct expiration date and was not aware of any patterns or problems with medication expiration.”
In a summary statement of deficiencies dated August 16, 2017, the state surveyors documented that the facility had failed to “ensure residents receive the necessary treatment and services to prevent wounds from developing.” The deficient practice by the nursing staff involved one resident.
The investigators stated the facility “failed to complete a weekly skin assessment on the resident and two new areas were identified during the observation of the resident skin assessment.” Additionally, “the facility did not complete a weekly skin assessment [on another resident].”
As a part of the investigation, the surveyors reviewed the facility’s policy titled: Skin System Policy and Procedure that reads in part: “a skin assessment will be completed on admission/readmission, with any fall, and weekly thereafter.”
The survey team reviewed a resident’s clinical records, Quarterly MDS (Minimum Data Set) Assessment. The documentation revealed: “the facility assessed the resident [who] had a surgical wound and received surgical wound care and was at risk for developing pressure ulcers.” The resident’s Care Plan revealed that the resident “had altered skin integrity with interventions that included completing skin assessment per policy.”
While the documentation and the Weekly Skin Review “revealed an open area to the sacrum with no other areas identified,” there was “no documentation of a weekly skin review for [the resident] after June 21, 2017.” A Registered Nurse (RN) at the facility confirmed that the “resident had a sacral wound that measured 0.3 cm x 0.3 cm with pink eschar tissue around the wound that measured 2.9 cm x 3.4 cm.” The Registered Nurse stated that the wound was assessed as having 100% granulation.”
In a summary statement of deficiencies dated September 24, 2015, the state investigators documented that the facility had failed to “ensure the environment was free from potentially hazardous substances to prevent accidents. A bottle of Mal Odor Eliminate was observed stored in a non-locked cabinet in one of two kitchenettes.” The survey team reviewed the facility’s policy titled: Chemical Safety dated 2011 that reads in part:
“Staff is to store chemicals in a separate area away from food and disposables such as paper.”
“Staff is never to leave chemicals unattended on the card.”
The survey team conducted an initial environmental tour on the morning of September 22, 2015, which “revealed a white spray bottle labeled Mal Odor Eliminate under the sink in a nonlocked cabinet in the resident’s open area kitchenettes in the Annexed Hall.” The documentation shows that the bottle contained bacterial spores, non-ionic supplicant, acrylic emulsion, and perfume oil.
The Material Safety Data Sheet revealed that the product “had health hazards” that consisted of “Skin irritant, prolonged or repeated contact may cause dermatitis, may infect open wounds, i.e., or intent, liquid and missed may infect eyes; ingesting the product “may be irritating to the mouth, throat and gastrointestinal system, vomiting, and diarrhea are expected from large doses.”
In a summary statement of deficiencies dated September 24, 2015, a state investigator noted the nursing home's failure to “follow Infection Control Standards of Practice for one of twenty-one residents.” The nursing home also “failed to place [a resident] in contact isolation precautions for active Methicillin-resistant Staphylococcus aureus infection” a highly contagious infectious bacterium. The investigators reviewed the facility’s policy titled: Infections – clinical Protocol Policy dated December 1, 2014, that reads in part:
“The facility is to provide supportive measures as needed and wear an isolation gown and gloves for all interactions that may involve contact with the resident or potentially contaminated areas in the resident’s environment for residents in contact precautions.”
“Monitoring/Compliance – The facility is to monitor the progress of a resident with an infection until it is resolved. The nursing staff is to communicate with the Physician on the status of the infection and resident; the Physician will help the staff identify complications such as abscess, sepsis, and delirium.”
The survey team reviewed the resident’s clinical record and Discharge Instruction Notes from another facility that revealed that the resident “had tested positive for Methicillin-resistant Staphylococcus aureus bacterium in the bloodstream from a blood culture.”
The resident’s MDS (Minimum Data Set) Standard Assessment revealed that the facility “assessed the resident.” However, an observation of the resident’s room “revealed no contact isolation precautions sign on or near the door, no visible Personal Protective Equipment and no waste receptacles. The resident was in their room in bed.”
Later that day, an observation was made of the resident’s room which revealed: “the facility staff was entering the room with gloves on, exiting the room, the staff members would remove their gloves and use either alcohol from the dispenser on the wall or wash their hands at the sink in the room.”
Observations were made of the resident’s room the following morning which revealed: “a staff member entered the room with no gloves, delivered the tray and assisted with the tray items, washed their hands and exited the room.” During the survey observation of a medication pass a couple of hours later, and Licensed Practical Nurse (LPN) enter the resident’s room to administer IV medication using a “Peripherally Inserted Central Catheter (PICC) to the resident.”
At that time, the LPN “completed hand hygiene and donned gloves, [but] no other personal protective equipment was donned. After administering the IV medication antibiotic, the gloves or removed and hand hygiene performed. The syringes used for flushing the lines were placed in the sharps container.”
Just after noon the same day, observations were made of the resident’s room which revealed: “a staff member entered the room to assist [the resident’s] roommate with no personal protective equipment on; however, hand hygiene was performed.” The survey team interviewed the resident the next day who revealed that they were “aware of the type of blood infection [and why they were] placed in contact isolation precautions and that it was explained to him/her at the hospital.”
The survey team interviewed the Unit Manager the previous day who revealed that the resident “should have been placed in contact isolation precautions according to the facility’s protocols.” Another LPN was interviewed over the telephone who admitted that any resident that “had active Methicillin-resistant Staphylococcus aureus would be treated and placed in contact isolation but could not recall [why that resident] had not been. However, [the LPN said that they were] only responsible for the Physician’s orders [concerning the resident].”
Do you suspect that your loved one was mistreated, neglected or abused while living at Clifton Oaks Care Center? If so, contact the Kentucky nursing home abuse attorneys at Nursing Home Law Center at (800) 926-7565 today for immediate legal intervention. Our network of attorneys fights aggressively on behalf of Jefferson County victims of mistreatment living in long-term facilities including nursing homes in Louisville. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim.
Our abuse and mistreatment injury attorneys represent victims injured by neglect of the nursing staff. Our network of attorneys working on your behalf can ensure your family receives adequate financial recompense for the injuries, harm, losses, and damages your loved one has endured by others. We accept all nursing home cases involving personal injury, abuse, and wrongful death through a contingency fee arrangement. This agreement postpones the requirement to make a payment to our network of attorneys until after we have successfully resolved your claim for compensation through a negotiated out of court settlement or jury trial award.
We provide each client a “No Win/No-Fee” Guarantee, meaning you owe us nothing if we cannot obtain compensation for your damages. Let our attorneys begin working on your behalf today to ensure your family receives adequate compensation from those who caused your harm. 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