Cumberland Health Care and Rehabilitation Center Abuse and Neglect Attorneys
Entrusting the care of a loved one to a nursing home or assisted living facility can be an overwhelming experience for families who are expecting the highest level of care in a compassionate, safe environment. Even if the family does an exhaustive research study to locate the ideal location, untrained staff members and a lack of supervision amongst residents can cause significant issues that lead to mistreatment. In many incidents, the signs associated with neglect and abuse are challenging to identify.
If you suspect your loved one was mistreated by caregivers or assaulted by other residents, the Tennessee Nursing Home Law Center Attorneys can provide immediate legal intervention. Our team of lawyers has extensive experience in obtaining justice and ensuring that our clients receive financial compensation to recover their monetary damages associated with wrongful death or a preventable injury. We can begin working on your case today.Cumberland Health Care and Rehabilitation Center
This long-term care (LTC) facility is a 124-certified bed center providing services to residents of Nashville and Davidson County, Tennessee. The "for profit" Medicare/Medicaid-participating home is located at:
4343 Ashland City Hwy
Nashville, Tennessee, 37218
In addition to providing around-the-clock skilled nursing care, Cumberland Health Care and Rehabilitation Center also offers:
- Hospice care
- Psychiatric care
- Home Health Care
- Rehabilitative services
The federal government and the state of Tennessee routinely monitor every nursing facility to identify serious violations of established rules and regulations and levy monetary fines or deny payments through Medicare when problems are found. Typically, these violations result in penalties when investigators find severe problems that harmed or could have harmed a resident.
Within the last thirty-six months, the federal nursing home regulatory agency imposed a monetary fine against Cumberland Health Care and Rehabilitation Center for $8128 on April 25, 2018. Also, Medicare denied payment for services rendered on the same date due to substandard care. Over the last three years, this nursing facility has received five formally filed complaints and self-reported seven serious issues that all resulted in citations.
Additional information concerning penalties and fines can be found on the Tennessee Department of Health Nursing Home Reporting Website involving this nursing home.Nashville Tennessee Nursing Home Patients Safety Concerns
To ensure families are fully informed of the level of care every nursing home provides, the state of Tennessee and Medicare.gov routinely update their long-term care home database system. This information reflects a comprehensive list of opened investigations, safety concerns, filed complaints, incident inquiries, health violations, and dangerous hazards that can be found on numerous sites including TN 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, three out of five stars for staffing issues and four out of five stars for quality measures. The Davidson County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Cumberland Health Care and Rehabilitation Center that include:
- Failure to Provide Every Resident an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent Avoidable Accidents
- In a separate summary statement of deficiencies dated March 9, 2017, the state survey team documented the facility’s failure to “implement accident prevention interventions for [one resident] reviewed for accidents.” The surveyor’s reviewed the facility Statement of In-service Training for Employees dated March 1, 2017 that revealed that a Certified Nursing Assistant (CNA) “was in-service by the Physical Therapist Assistant on proper wheelchair transfers, proper wheelchair position, apply leg rest when transporting patient, remove leg rests all other times to allow the patient to move around freely.”
- Failure to Timely Report Suspected Abuse, Neglect and Report the Results of the Investigation to Proper Authorities
- Failure to Ensure That Services Are Provided by the Nursing Facility That Meet Professional Standards of Quality
- Failure to Safeguard Resident Identifiable Information or Maintain Medical Records on Every Resident by Accepted Professional Standards
In a summary statement of deficiencies dated April 25, 2018, the state investigators documented that the facility had failed to “provide supervision for one resident.” The surveyors noted that “the facility’s failure to provide adequate supervision resulted in a fall with injuries which resulted in harm.”
The incident involved a severely cognitively impaired resident whose facility investigation report dated October 17, 2017, after the fall “revealed an action plan stating, ‘Recommend therapy to screen/evaluate for an appropriate wheelchair.’” The investigators reviewed information that confirmed that “this screen/valuation for an appropriate wheelchair never occurred.”
The resident’s Care Plan Report dated October 20, 2017, revealed an intervention related to the resident’s fall that states “encourage to remain in activity room until bedtime and participate in provided activities.” The Nurses Event Note revealed that the resident “was in the activities room rolling in their wheelchair.” The resident “tilted forward and fell face forward, noted bruising on the bridge of the nose with a moderate amount of bright red bleeding with clots from the nose and mouth.”
The document states that the resident was “left on the floor until 911 emergency services] arrived.” The resident “complained of back, face, and neck pain” and was “transferred to the hospital for further valuation.”
As a part of the investigation, surveyors observed the activities room on the afternoon of April 24, 2018, that revealed that “no staff was present but only residents.” There was “one staff person at the Nurse’s Station.” The survey team interviewed the facility Director of Nursing and Nurse Consultant who stated that the resident at the time of the accident “was in the activities room attending a church service.”
At that time, the resident “was unsupervised by facility staff during the activity when the accident occurred.” Both the Director and the Nurse Consultant “confirmed the facility failed to provide supervision for [the resident] which resulted in a fall” leading to a fractured nose that resulted in harm.
The in-service training also involved the use of a gait belt (a belt that is supplied around the resident’s waist that the staff holds onto to provide stability when the staff assist the resident from one surface to another, from bed to a chair, or from a chair to a bed) during all transfers.”
The survey team interviewed a resident during an initial tour of the facility who “had a laceration with seven staples in the middle of his forehead.” The surveyors asked the resident what happened. The resident replied that he did not know.
During an interview with a Licensed Practical Nurse (LPN), it was revealed that the resident “had fallen from his wheelchair on March 1, 2017” and was “sent to the emergency room where he received seven staples to close a laceration on his forehead.” The LPN stated that a Certified Nursing Assistant (CNA) “had wheeled the resident from his room to the shower room when the resident fell forward out of his wheelchair and hit his head.”
The investigators interviewed the facility Director of Nursing who stated that “she was not aware that leg rests were to be used for [the resident] because that intervention was not communicated from rehabilitation to nursing.”
In a summary statement of deficiencies dated March 9, 2017, the state investigator noted the facility's failure to "report misappropriation of a resident’s medication and physical abuse related to an injury of unknown origin immediately.” The deficient practice by the nursing staff involved two residents at the facility. The surveyor’s reviewed the facility policy titled: Abuse that reads in part:
“The concept of zero-tolerance for patient abuse. Nurse management must strive to ensure that patients are free from verbal, sexual, physical and mental abuse, corporal punishment, involuntary seclusion and misappropriation of property.”
“In a report of actual or suspected abuse must be acted upon immediately. The first and most important step is ensuring the safety of the patients. The next step is to conduct a thorough investigation that is well documented.”
The incident involved a review of a resident’s Medication Administration Record (MAR) and an interview with a Licensed Practical Nurse (LPN) who said that the resident was hurting so the Registered Nurse at the facility gave her pain medication that belonged to a different resident. Also, the pain medication was not documented in the resident’s records.
During an interview with the facility Director of Nursing Services, it was “confirmed that when pain medication is administered, it should be documented on the electronic Medication Administration Record (eMAR). The Director also said that they should be notified any time one medication is “being given to another resident.”
In a summary statement of deficiencies dated March 9, 2017, the state investigators noted that the nursing home had failed to “accurately count narcotic pain medication available for [one resident] reviewed for pain medication usage.” The deficient practice also involved a failure to “assess pain, document the administration of the narcotic pain medication and evaluate the effectiveness of the pain medication administered for three residents.”
As a part of the investigation, the surveyor counted the narcotics in the medication cart along with a Licensed Practical Nurse. “During this count, it was revealed that [the resident] had a physician’s orders” and the count of the medication “pills in the packet equaled 17, but the Control Drug Receipt/Record/Dispensation Form dated February 24, 2017, documented that [one of the resident’s medication tablets] had been dispensed at 3:00 AM on March 6, 2017, leaving account of sixteen [medication] tablets.” The surveyor notified the Director of Nursing of the discrepancy.
In a summary statement of deficiencies dated July 11, 2018, the state investigators documented that the facility had failed to “maintain complete and accurate medical records for [three of five residents] reviewed. The state investigators reviewed the medical records involving Certified Nursing Assistant (CNA) documentation of showers that “revealed no showers were documented as being given” at numerous times between May 3, 2018, and May 31, 2018. However, a review of the resident’s Shower Schedule revealed that the resident was not bathed during that time frame.
A review of a second resident’s shower schedule revealed that the resident “was scheduled to have a shower on the 11:00 PM through 7:00 AM shift on Monday/Wednesday/Friday.” However, reviewing the medical record and CNA documentation of showers revealed that “no documentation of showers” were conducted at numerous times between May 2, 2018, and May 30, 2018. A third resident’s shower schedule records were also reviewed that showed that even though the resident was scheduled to have a shower during the same time frame, report showed that the resident received a bed bath between July 1, 2018, and July 10, 2018, and “should have had a shower on July 2, 2018, July 4, 2018, July 6, 2018, and July 19, 2018.”
The surveyors interviewed the Administrator and Director of Nursing on July 11, 2018, just after noon. The Director “confirmed no one really checks the CNA documentation of care for completeness on a daily basis, but they try to check and educate staff on daily charting.”
If you believe that loved one was the victim of abuse, mistreatment or neglect while a resident at Cumberland Health Care and Rehabilitation Center, contact the Tennessee nursing home abuse and neglect attorneys at Nursing Home Law Center at (800) 926-7565 now. Our law firm fights aggressively on behalf of Davidson County victims of mistreatment who reside in long-term facilities including nursing homes in Nashville.
Our skillful attorneys provide legal representation in victim cases involving nursing home abuse when it occurs in private and public nursing facilities. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim. We can start working on your case to ensure your rights are protected.
We accept every case involving nursing home abuse, wrongful death or personal injury through a contingency fee agreement. This arrangement postpones the requirement to make a payment to our law firm until after we have successfully resolved your claim for compensation through a negotiated out of court settlement or jury trial award. We offer all clients a “No Win/No-Fee” Guarantee. This promise ensures your family will owe us nothing if we cannot obtain compensation to recover your damages. Let our team start today to ensure you receive adequate compensation. All information you share with our law offices will remain confidential.Sources: