Many families have no other option than to turn to the services of a nursing facility to ensure that their loved one receives the highest level of hygiene assistance and medical care. Even though there have been significant advancements in the healthcare and nursing home industries, many patients become victims of neglect and abuse at the hands of caregivers, employees, visitors and other residents.
If your loved one was mistreated while residing in a Pulaski County nursing facility, contact the Kentucky Nursing Home Law Center attorneys for immediate legal intervention. Our team of lawyers has successfully resolve cases exactly like yours and can help your family too. We use the state criminal and civil tort law to hold those responsible for causing the harm both legally and financially accountable. Let us begin working on your case today to ensure your family is adequately compensated for your damages.
This Medicare/Medicaid-participating nursing center is a "for profit" facility providing services and cares to residents of Somerset and Pulaski County, Kentucky. The 93-certified bed long-term care (LTC) nursing home is located at:
200 Norfleet Drive
Somerset, Kentucky, 42501
(606) 678-5104
In addition to providing 24/7 in skilled nursing care, Cumberland Nursing and Rehab Center offers other services and amenities that include:
The investigators for state and federal nursing home regulatory agencies have the legal responsibility of penalizing any facility that has violated rules and regulations that harmed or could have harmed a resident. These penalties often include monetary fines and denying payment of Medicare services.
Over the last thirty-six months, state and federal nursing home regulatory agencies have imposed two monetary penalties against Cumberland Nursing and Rehabilitation Center citing substandard care. These penalties include a $121,860 fine on October 19, 2017, and a $13,390 fine on January 12, 2016, for a total of $135,250. Also, Medicare denied payment for services rendered on January 12, 2016.
During the last three years, the nursing home received seven formally filed complaints and self-reported one serious issue that all resulted in citations. Additional information about penalties and fines can be reviewed on the Kentucky Department of Health Care Nursing Home Reporting Website concerning this nursing facility.
The Kentucky care home regulatory agency routinely updates their statewide nursing facility database system. The KY Department of Public Health and Medicare.gov posts information containing a historical list of opened investigations, incident inquiries, dangerous hazards, health violations, filed complaints, and safety concerns of every facility in each county.
According to Medicare, this facility maintains an overall rating of one out of five stars, including one out of five stars concerning health inspections, two out of five stars for staffing issues and one out of five stars for quality measures. The Pulaski County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Cumberland Nursing and Rehabilitation Center that include:
In a summary statement of deficiencies dated March 20, 2018, a state investigative team noted the nursing home's failure to “ensure and maintain an infection prevention and control program for one of nineteen sampled residents.” In one incident, the resident “was observed to have a suction machine and canister containing fluid contents on the bedside table for three days.”
The investigators reviewed the facility’s policy titled: General Infection Control that reads in part:
“The facility is to provide guidance for the safe cleaning and processing of reusable resident care equipment.”
The surveyors reviewed a resident’s MDS (Minimum Data Set) Quarterly Assessment and Brief Interview for Mental Status (BIMS). The documents indicated that the moderately, cognitively intact resident “was totally dependent on two or more persons for completion of activities of daily living (ADLs) except bed mobility which requires extensive assistance of two or more persons.”
An observation was made of the resident on three occasions between May 1, 2018, through May 3, 2018, at 9:00 AM. During that time, observations were made of “a suction machine and suction canister containing a fluid substance was on the resident’s bedside table.”
The surveyors reviewed the facility’s 11:00 PM through 7:00 AM shift cleaning duties that revealed “no specific mention of suction machines/canisters listed as part of the cleaning. However,” during an interview with the Director of Nursing, it was revealed that “suction equipment was included in the items to be cleaned. The cleaning assignment also revealed that [the resident’s] room should have been cleaned during the 11:00 PM – 7:00 AM shift” between May 1, 2018, and May 2, 2018.
The surveyors interviewed a resident’s family member at 2:25 PM on May 2, 2018, who revealed that “the suction machine had been on the bedside table for a long time, but the family member could not recall exactly how long. The family member stated that it had been used to suction the resident’s oral secretions probably eight months ago, but the resident no longer required suctioning.” The family member stated that “she had never observed the canister to be changed.”
As a part of the investigation, the surveyors interviewed a Registered Nurse (RN) on May 3, 2018, who revealed that “suction tubing and canisters are changed weekly.” An observation of the RN “revealed the suction machine and canister with a fluid-like content present. The RN also stated she was aware the resident was suctioning a long time ago.”
The surveyors interviewed the Director of Nursing that same day who reveal “there was not a policy for cleaning machines or changing canisters. She then stated canisters would be changed out when they were full. She also stated she could not speak to how long the canister had been in [that resident’s] room. She stated she [conducts her] rounds on specific, assigned residents every day in stated she did not remember seeing suction in that room.”
In a separate summary statement of deficiencies dated March 8, 2017, the state investigators noted that the nursing home “failed to maintain an effective infection prevention and control program to prevent the development and transmission of communicable diseases and infections.” The deficient practice by the nursing staff involved two of nineteen residents reviewed during the sample investigation.”
The surveyors documented through observation that staff members entered a resident’s “room to provide care to the resident.” The resident was “identified to have a Methicillin-resistant Staphylococcus aureus (MRSA) infection of the right heel, without utilizing appropriate Personal Protective Equip. (gloves, gowns, and mask) [according to] facility policy.”
Observation of another resident receiving incontinence care revealed that a State Registered Nurse Aide (SRNA) “provided incontinence care but did not change her gloves or wash her hands before adjusting [the resident’s] clothing. The investigators reviewed the facility’s policy titled: Contact Precaution Policy that reads in part:
“The facility implements Contact Precautions for residents known or suspected to be infected with microorganisms that can be transmitted by direct contact with the resident or indirect contact with environmental surfaces or resident-care items in the resident’s environment.”
“Where a disposable gown upon entering the Contact Precautions room or cubicle. Wear gloves when entering the room.”
The survey team reviewed a resident’s Medical Records, MDS (Minimum Data Set) Assessment and Brief Interview for Mental Status (BIMS) that revealed that the cognitively intact resident had received Physician’s orders to treat been a highly infectious disease.
An observation of the resident revealed that the resident “was on Contact Precautions. The resident had a sign on his/her door that advised visitors to see the nurse [before] entering the resident’s room. Further observation revealed the facility had Personal Protective Equipment hanging on the door for staff to utilize [before] entering the resident’s room.”
At 5:35 PM on March 6, 2017, a State Registered Nurse Aide (SRNA) was assisting the resident “with personal hygiene; however, [the SRNA] was not wearing a disposable gown or mask.” Further observation occurred that same day at 6:49 PM when a Certified Nursing Assistant (CNA) “entered the resident’s room to deliver his/her evening meal. Upon entering the resident’s room, [the CNA] did not utilize the personal protective equipment hanging on the resident’s door.”
The investigators interviewed that CNA who stated “he was trained to wear a disposable gown, mask, and gloves when a resident was on Contact Precautions. He stated he was informed during walking rounds when he started his shift that [the resident] was on Contact Precautions but stated he forgot to put on the Personal Protective Equipment.”
A day earlier at 12:35 PM, the surveyors observed a different CNA entering the resident’s room “to deliver his/her lunch meal. Upon entering the resident’s room, [that CNA] donned gloves, but did not put on a disposable gown or mask. Further observation revealed [a different CNA] entered the resident’s room to assist [the CNA] and repositioning the resident in bed; however, [that CNA] did not utilize the gown, gloves, and masks hanging on the resident’s door.”
In a summary statement of deficiencies dated March a 2017, the state investigators documented that the facility had failed to “obtain the laboratory services for [a resident] as ordered by the resident’s attending Physician. The Physician ordered a Comprehensive Metabolic Panel (CMP) to be obtained every three months for [the resident].” However, “the facility obtained a Basic Metabolic Panel instead of a CMP.”
The investigators reviewed the facility’s policy titled: Lab and Diagnostic Tests Result Policy that reads in part: “staff will process test requisitions and arrange for the test.”
The investigators reviewed the resident’s medical records and Physician’s orders along with the lab results that were dated March 28, 2016, June 27, 2016, September 26, 2016, and December 26, 2016. The documentation revealed that “the facility obtained a Basic Metabolic Panel every three months instead of obtaining a “Comprehensive Metabolic Panel as ordered by the resident’s attending Physician.”
The investigators interviewed the Unit Manager and Director of Nursing who revealed: “whoever put the ordered labs into the lab computer enter the order incorrectly and ordered a Basic Metabolic Panel to be obtained every three months instead of putting in an order for [a Comprehensive Metabolic Panel].”
Has your loved one suffered injury or harm while living at Cumberland Nursing and Rehabilitation Center? If so, contact the Kentucky nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565 today for immediate legal intervention. Our network of attorneys fights aggressively on behalf of Pulaski County victims of mistreatment living in long-term facilities including nursing homes in Somerset. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim.
Our dedicated attorneys have represented clients with victim cases involving nursing home mistreatment. With our years of success, our attorneys can assist your family in successfully resolving your financial recompense case against all those who caused your loved harm. Our lawyers accept all cases involving wrongful death, nursing home neglect, or personal injury through a contingency fee agreement. This arrangement 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 every client a “No Win/No-Fee” Guarantee, meaning you will owe us nothing if we cannot obtain compensation on your behalf. Let us begin working on your case today to ensure your family is adequately compensated for the damages that 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