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Creekside Health and Rehabilitation Center Abuse and Neglect Attorneys
This nursing center is a "for-profit" facility providing services and cares to residents of Yellville and Marion County, Arkansas. The 96-certified bed long-term care home is located at:
620 North Panther Avenue
Yellville, Arkansas, 72687
In addition to providing around-the-clock care, the facility also offers:
- Physical, occupational and speech-language therapies
- Pulmonary care
- Pain management
- Wound care
- Orthopedic care
- Post-hospital care
- Dementia care
- Respite care
- Neurological condition and stroke care
Both the state of Arkansas and federal agencies penalize nursing homes by denying reimbursement payments from Medicare or imposing monetary fines anytime the facility is cited for a severe violation of established regulations and rules that harm or could harm residents. Within the last three years, state and federal regulators have fined Creekside Health and Rehabilitation Center on two occasions including a $27,066 fine on July 1, 2016, and an $11,521 fine on May 5, 2017. Also, Medicare denied payment for services rendered on July 1, 2016, and the facility received twenty formally filed complaints and initiated facility-reported issues that resulted in a citation within the last thirty-six months. Additional information concerning penalties in fines can be found on the Arkansas Adult Protective Services website concerning this nursing home.
The Arkansas nursing home regulatory agency and Medicare.gov routinely update their care home database system containing the complete list of all incident inquiries, opened investigations, filed complaints, dangerous hazards, health violations, and safety concerns. This information can be found on numerous websites including The AR Department of Public Health.
According to Medicare, the 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. The Marion County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Creekside Health and Rehabilitation Center that include:
- Failure to Develop and Implement Policies and Procedures That Prevent Abuse, Neglect, and Theft
In a summary statement of deficiencies dated June 22, 2018, the state investigator documented the facility's failure "to ensure the facility's policies and procedures for Abuse Prohibition were implemented." The incident involved an allegation of resident-to-resident sexual abuse. The facility's failure was not immediately reporting the incident to the Office of Long Term Care (OLTC) and a local law enforcement agency to alert those entities a possible need to provide oversight and investigation." The event involved one female resident "who resided on the secure wing/unit. This failed practice had the potential to affect sixteen female residents who resided on the secure wing/unit."
The investigator reviewed the facility policy titled: Abuse Prevention that reads in part:
"For reporting: Notify the shift Supervisors/Charge Nurse/Manager immediately of suspected abuse, neglect, mistreatment or [when] misappropriation of property occurs. Notify the local law enforcement and appropriate State agency immediately as per State law."
A review of June 10, 2018, Employee Memorandum documented that the facility Director of Nurses "was suspended for three days pending the investigation on June 10, 2018, for failure to immediately implement one on one observation of the resident, and failure to report the allegation to the Nurse Consultant."
A review of the June 13, 2018 Nurse's Notes documented that a Certified Nursing Assistant (CNA) "heard the resident say 'do you like it when I rub your [female genitalia] hard, do you like it when I do that, do you want me to rub your [female genitalia] harder'. The CNA turned around and saw a male resident's hand on top of a resident's pants between her legs." The residents "were immediately separated. Staff [was] educated to monitor the resident very closely and not allow this resident to sit by a female resident. No injuries were noted to the female resident."
Documentation regarding Steps Taken to Prevent Continued Abuse or Neglect during the Investigation revealed that "during the investigation, the residents were separated immediately by the Certified Nursing Assistant (CNA). No injuries [were] noted. The nurse educated staff to monitor the resident closely and not to allow the resident to sit by [the female resident]. A Social Worker began to make arrangements for the male resident to be transferred to an all-male unit." The male resident was "placed on one-on-one precautions until arrangements can be made for the transfer. In-service initiated on abuse and neglect policy to include reporting resident to resident allegations in ensuring residents place on one-on-one monitoring as required. The Police Department was notified of the incident. Body audits were initiated for all residents who reside on the unit. Alert and cognitive resident interviews were being conducted. Staff interviews were being conducted." The male resident was discharged to an all-male unit with personal belongings and medications.
- Failure to Timely Report Suspected or Abuse of a Resident
In a summary statement of deficiencies dated June 22, 2018, the state investigator documented the facility's failure to "ensure an allegation of resident-to-resident sexual abuse was immediately reported to the Office of Long Term Care (OLTC) and local law enforcement agency to alert those in the face of a possible need to provide oversight and investigation."
- Failure to Ensure That Every Resident Is Provided an Environment Free of Accident Hazards and Provided Adequate Supervision to Prevent Accidents
In a summary statement of deficiencies dated June 22, 2018, the state investigator noted the facility's failure "to ensure that the environment was as free of hazards as possible as evidenced by the failure to ensure cable cords were secure and outlet covers were promptly replaced when damaged." The deficient practice failed to "decrease the potential for accident hazards in one of six halls. This failed practice has the potential to affect twenty residents who resided on the 200 Hall."
A review of the May 21, 2018 Nurses Note revealed that staff noted commotion "coming from the resident's room. Upon arrival, the resident was standing by the sink naked. The television was placed on the floor. The resident was unharmed. The resident was dressed and removed from the room. The television was noted to be shattered." The TV was removed as was the broken glass.
The following month on June 18, 2019, the resident's "room had a black television cable cord hanging from a cable outlet. The outlet cover was broken, and the cable cord was wrapped around the towel rack." The following day, "the black television cable cord in [the resident's] room was pushed back into the wall outlet. The outlet cover was broken, and had not been replaced."
The state investigator interviewed a Certified Nursing Assistant (CNA) who had walked into the resident's room. The investigator asked the CNA "do you see the cable on the wall that has been pushed into the broken outlet?" The CNA replied, "Yes, ma'am." When asked "Were you aware of the cable hanging down wrapped around the towel holder on June 18, 2018?" The CNA replied, "Yes, ma'am. I am the one that placed the cable into the outlet yesterday when I saw it. The resident use to have a television sitting there and at times he would try to move the TV, so we removed the TV out of his room." The investigator asked the CNA "Do you think the court hanging from an outlet above a resident's countertop, wrapped around the resident's towel rack could be a potential hazard for residents that wander on a secured unit?" The CNA replied, "Yes, ma'am."
- Failure to Develop, Implement and Enforce Infection Prevention and Control Programs
The summary statement of deficiencies dated June 22, 2018, the state surveyor documented the facility's failure to "ensure laboratory results that indicated growth of Extended-Spectrum Beta-Lactamases (ESBL) in the urine were promptly addressed and isolation precautions properly initiated to prevent the potential spread of infection." The deficient practice involved one resident who resided "on the 100 Hall and shared staff with [the contagious resident]. This failed practice has the potential to affect twenty residents who resided on the 100 Hall and shared staff with [the infected resident]."
A review of a resident's Quarterly MDS (Minimum Data Set) with an Assessment reference dated May 11, 2018, and the hospital laboratory results report dated June 8, 2018, revealed the resident was suffering from E. coli and was "positive for Extended Spectrum Beta-Lactamase." However, the investigator interviewed the Assistant Director of Nurses who stated "I did not know she had ESBL. She has not been on isolation since she has [arrived] from the hospital." The investigator reviewed the physician's orders but found no isolation or caution order.
The state investigator asked for the hospital laboratory report and the urine culture and sensitivity testing performed at the hospital. The Assistant Director stated that "I cannot find anything on her transfer back from the hospital that day. The [staff said] that no papers were brought back [from the hospital]. She was asked if she, or someone, called the hospital concerning [the infected resident] the day she returned to the facility." The Assistant Director stated "No." The investigator asked the facility Director of Nurses "Who should have been monitoring infections." The Director of Nurses stated, "I do not know, but I will find out."
- Failure to Develop, Implement and Enforce Policies for Fluids Pneumonia Vaccinations
In a summary statement of deficiencies dated June 22, 2018, the state investigator documented the facility's failure to "ensure the influenza vaccine was offered, and residents/families were provided with education regarding the benefits and the potential side effects of the immunization." It was also documented that the facility had "failed to ensure the clinical record contained the required information regarding education and acceptance or refusal of the influenza vaccine." The incident involved residents "who did not receive the influenza vaccine. This failed practice has the potential to affect nineteen residents who did not receive the influenza vaccine."
The state investigator interviewed the Clinical Nurse Consultant and was asked: "About providing information on the potential risks versus benefits regarding the refusal of the flu vaccine to the resident or the responsible party." The Nurse Consultant stated, "We cannot find any risk versus benefits statement on that."
If you believe that your loved one suffered abuse, mistreatment or neglect while living as a resident at Creekside Health and Rehab, call the law offices of the Arkansas nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565 now. Our law firm fights aggressively on behalf of Marion County victims of mistreatment living in long-term facilities including nursing homes in Yellville. 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 family's behalf to ensure your rights are protected.
We accept every case concerning wrongful death, nursing home abuse, and personal injury through a contingency fee arrangement. This agreement will postpone your need to make a payment for our legal services until after our attorneys have resolved your case through a jury trial award or negotiated out of court settlement. Our law firm offers every client a "No Win/No-Fee" Guarantee, meaning you will owe us nothing if we are unable to obtain compensation to recover your family's damages. Our team of attorneys can begin working on your behalf today to make sure you are adequately compensated for your losses. All information you share with our law offices will remain confidential.