Many families turned to nursing facilities to ensure that their elderly loved one receives the highest level of medical care and hygiene assistance. While there have been recent advancements to provide a safe and compassionate environment, many Pulaski County nursing home residents become the victims of abuse and neglect. If your loved one was mistreated while residing in a nursing home or rehabilitation center, the nursing home neglect attorneys in Arkansas can help. Our affiliated lawyers have represented many families who need financial compensation to recover their damages and seeking justice to ensure those who caused your loved one harm are held legally accountable. Let us begin working on your case today.
This nursing center is a "for profit" facility providing services and cares to residents of Little Rock and Pulaski County, Arkansas. The 143-certified bed long-term care nursing home is located at:
800 Brookside Drive
Little Rock, Arkansas, 72205
(501) 224-3940
The investigators working for the state and federal government are legally authorized to impose monetary fines or deny payment for Medicare services if a nursing facility has been cited for serious violations of rules and regulations. Typically, the higher the financial penalty, the more egregious the violation or deficiency at the facility. Within the last three years, state and federal regulators have fined Cottage Lane Health and Rehabilitation Center twice including a $7478 fine on February 2, 2017, and a $110,757 fine on May 24, 2017, for a total of $118,235 in penalties due to substandard care. Also, the facility has received seven formally filed complaints within the last thirty-six months. Additional information concerning penalties and fines can be found on the Arkansas Adult Protective Services website concerning this nursing facility.
Our attorneys review data on every long-term and intermediate care facility in Arkansas. Families can obtain the same publically-available information by visiting numerous state and federal government databases including the AR Department of Public Health website and Medicare.gov. This data is a valuable tool to use when choosing the best location to place a loved one who needs the highest level of services and care in a safe environment.
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 three out of five stars for quality measures. The Pulaski County neglect attorneys at Nursing Home Law Center have found serious deficiencies, violations and safety concerns at Cottage Lane Health and Rehabilitation Center that include:
In a summary statement of deficiencies dated March 11, 2017, a notation was made by a state surveyor involving the facility's failure to "ensure a resident was free from staff-to-resident verbal abuse, as evidenced by the failure of management staff to immediately intervene when a Certified Nursing Assistant (CNA) was heard cursing and threatening a resident." The deficient practice by the administration and nursing staff also failed to "ensure the incident was immediately reported to the administration, which resulted in failure to ensure an investigation was promptly initiated and that the accused staff member was removed from the building or constantly supervised to protect residents from further potential abuse while the investigation was ongoing."
The survey team placed the facility in immediate jeopardy status because the incident "caused or could have caused serious harm, injury or death to [a resident], and had the potential to cause more than minimal harm to 26 residents who resided on the 400 Hall (where [the CNA] remained after the abuse incident occurred)."
The investigator reviewed the resident's Brief Interview for Mental Status that show that the resident "did not ambulate, had a total mood severity score of one (1-4 indicates minimal depression) and had no documented behaviors." The resident's March 17, 2017, Care Plan documented a "history of verbally abusive behaviors related to a history of ineffective coping skills and put him at risk for psychosocial decline." The nursing staff is directed to intervene "before agitation escalates; move away from the source of distress; engage commonly in conversation; if responses aggressive, the staff is to walk calmly away."
A review of the facility Investigation Report for Resident Abuse, Neglect, Misappropriation of Property, and Exploitation of Residents in Long Term Care Facilities Witness Statement Form revealed that abusive verbal incident occurred when a resident "was of staff (a Certified Nursing Assistant )." The resident was upset "for the CNA "not getting him up as soon as he wanted." The CNA "told him she could get him up after lunch."
The resident "became very upset and started using derogatory words toward [the CNA, who stated that when the resident] called her name under her breath, she said 'your mama,' but did not realize it was loud enough for [the resident] to hear. Another resident heard the noise and came into the room in her both [the resident and the CNA] saying derogatory words to each other." A Licensed Practical Nurse (LPN) entered the room and separated "the CNA and the resident." At that point, it was documented that the verbally aggressive Certified Nursing Assistant "was never alone with the resident. Once [the resident] was taking care of, [the verbally abusive CNA] was removed from the hall until administration was contacted."
The Administrator met with the Certified Nursing Assistant to obtain a witness statement.
In a summary statement of deficiencies dated March 11, 2017, a state investigator documented a facility's failure. The notation involved a failure to "ensure an incident of witness staff-to-resident verbal abuse was immediately reported to the administration, which resulted in a failure to ensure an investigation was promptly initiated and that the accused staff member was removed from the building or constantly supervised to protect the resident from further potential abuse while the investigation was ongoing." Also, the investigator documented that the nursing home also failed to "ensure that the facility's policies and procedures for Abuse/Neglect Prohibition were implemented."
In a summary statement of deficiencies dated May 24, 2017, the state investigators documented that the facility had failed to "ensure bed rails were present and in the raised position for a resident on a low air loss mattress, [by] manufacturer instructions." The staff neglected to ensure that placing the rails in the correct position could "prevent further potential falls, injuries and failed to ensure a planned intervention to maintain the bed in the lowest position was consistently implemented to minimize the potential for fall-related injuries." The deficient practice by the nursing staff involved one resident "who used the Prima Tech Medical System Airflow Low Air Loss Mattress Replacement System. The failed practice resulted in Immediate jeopardy, which caused or could have caused serious harm, injury or death for [a resident], who fell off the bed and sustained a large hematoma to the head." The deficient practice also had "the potential to cause more than minimal harm for three residents to use the [same system]."
The state investigator reviewed the facility's May 3, 2017, Neurological Post Fall Evaluation and Incident Report of Incident that identified an unwitnessed fall involving a resident who suffered "a hematoma to the right side of the forehead about 3.0 cm to 4.0 cm in diameter." There was no broken skin or abrasion nor was there any bleeding that was noted. The nursing staff applied an icepack before sending the resident to the emergency room for evaluation. A Licensed Practical Nurse (LPN) signed the document.
A review of the Hospital Emergency Room Record with the same date documented that the resident had arrived at the facility at 6:23 AM with a hematoma to the right frontal scalp. The results of a computed tomography scan of the head showed "an impression large right frontal scalp hematoma without underlying calvarial fracture or acute intracranial injury." The resident was transferred back to the nursing facility with the revised Comprehensive Care Plan the documented that the resident "is at risk for falls as related to limited mobility." The new plan revealed a goal that the resident "will be protected from serious injury due to the risk of falls through the next review period." The staff was to receive in-servicing on the air mattress/fall mat, and bed alarm.
However, the state investigator observed the resident "lying in bed on her back, with the head of the bed elevated at approximately 30°. The resident had a low air loss mattress in place [but] no side rails were in use. The bed height was approximately 33 inches above the floor, not in the lowest position. The resident was on the Prima Tech Airflow Low Air Loss Mattress. There was one floor mat on the right side of the bed. There was a bedside table on the left side of the bed and no floor mat."
The investigators interviewed the Assistant Director of Nurses who stated that the resident "was alert and oriented to person, occasionally sat up in the wheelchair and was transferred with a mechanical lift." The Assistant Director stated that "the resident required total assistance with Activities of Daily Living and had experienced one fall approximately one month ago when the resident rolled out of bed. The resident had a low air loss mattress on her bed at the time of the fall on May 3, 2017." The investigator asked the Assistant Director for the manufacturer's instructions on the low air loss mattress that reads in part:
"Patient Falls: Failure to use bed rails in a raised position could lead to accidental patient Falls. Air mattresses have soft edges that may collapse when the patient roles to the edge."
If you believe your loved one was victimized by visitors, caregivers, employees or other residents while a resident at Cottage Lane Health and Rehab, call the Arkansas nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565 now. Our network of attorneys fights aggressively on behalf of Pulaski County victims of mistreatment living in long-term facilities including nursing homes in Little Rock. Our seasoned attorneys can assist your family in successfully resolving your financial compensation claim against the nursing facility and staff that caused your loved one harm. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim. Let us fight aggressively on your behalf to ensure your rights are protected.
Our attorneys accept every case concerning wrongful death, personal injury and nursing home abuse through a contingency fee agreement. This arrangement postpones your requirement to pay for legal services until after we have resolved your case through a negotiated out of court settlement or jury trial award. Our network of attorneys provides every client a "No Win/No-Fee" Guarantee. This promise means if our legal team is unable to obtain compensation on your behalf, you owe us nothing. Our team of attorneys can begin working on your case today to make sure you are adequately compensated for your damages. All information you share with our law offices will remain confidential.
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