Do you believe that your loved one was neglected, abused or mistreated while residing in a Jessamine County nursing facility? If so, you owe it to them to serve as their legal advocate to hold the nursing facility and employees legally accountable.
The Kentucky Nursing Home Law Center attorneys fight aggressively on behalf of senior citizens, the rehabilitating, disabled, and infirm residing in nursing homes throughout the state. Our team of lawyers has extensive experience in handling cases just like yours. Let us begin working on your case today to ensure your family is adequately compensated for your monetary damages.
This Medicare/Medicaid-participating nursing center is a "for profit" facility providing services and cares to residents of Nicholasville and Jessamine County, Kentucky. The 73-certified bed long-term care (LTC) nursing home is located at:
100 Sparks Avenue
Nicholasville, Kentucky, 40356
(859) 885-4171
In addition to providing around-the-clock skilled nursing care, Diversicare of Nicholasville also offers other services and amenities that include:
State surveyors and federal investigators can penalize nursing homes by denying payment for Medicare services or imposing fines if the facility has been cited for a serious violation of a regulation that harmed or could have harmed residents. Typically, the higher the monetary penalty, the greater the violation against patients and residents.
Within the last three years, state and federal nursing home regulatory agencies imposed two monetary fines against Diversicare of Nicholasville for providing substandard care. These penalties include a massive $114,601 fine on March 9, 2017, and $85,443 fine on May 31, 2016, for a total of $200,044. Also, Medicare denied payment for services on May 31, 2016.
The nursing home received six 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.
The Kentucky and federal government nursing home regulatory agencies routinely update their care home database system. These databases contain a comprehensive list of all health violations, dangerous hazards, safety concerns, incident inquiries, opened investigations, and filed complaints. This information can be found on numerous websites including Medicare.gov and the KY Department of Public Health website.
According to Medicare, the 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 three out of five stars for quality measures. The Jessamine County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Diversicare of Nicholasville that include:
In a summary statement of deficiencies dated August 30, 2018, the state investigator documented the facility’s failure to “ensure Physician notification when there is a significant change in the resident’s physical condition or possible need to alter treatment.” The deficient practice by the nursing staff involved one of twenty-one residents sampled in the survey.
A review of the resident’s medical records revealed that the resident was readmitted from the hospital “with an open wound to the perineum which measured 1.5 cm in length by 0.5 cm in width by 2.7 cm and depth.” There were “orders received with the same date” on how to treat the wound.
Notations show that the wound was noted to be deeper on July 1, 2018, and again on August 21, 2018. At that time, “the perineum wound was even deeper measuring 2.0 cm in length by 0.5 cm in width by 4.1 cm and depth. However, there was no documented evidence that the Physician was notified of a change of the wound depth, and the treatment initiated on May 27, 2018, continued without documentation that the Physician was consulted related to a change in treatment.”
In a separate summary statement of deficiencies dated March 8, 2018, the state investigators noted that the nursing facility had “failed to consult with the resident’s Physician when there was a significant change in the resident’s physical, or mental, status and the need to alter treatment significantly.”
The incident involved a resident who “did not receive prescribed medications as ordered on the Saturday evening of February 24, 2018, and again on Sunday morning of February 25, 2018. However, there was no documented evidence that the Medical Provider was notified that the medications were not administered or notified of the resident’s lethargy and inability to swallow medications.”
The surveyors also, “the STAT [immediate] order was obtained for [the resident’s] medication as needed for pain or shortness of air on February 24, 2018 but was not received at the facility until [the next day] February 25, 2018 with no documented evidence that the Medical Provider was notified that [the medication] was not received and administered.”
In a summary statement of deficiencies dated August 10, 2017, the state investigative team documented that the facility had failed to “maintain a sanitary and orderly environment. Observation of the B Hall during an initial facility tour on August 8, 2017, revealed thirteen semi-private rooms which share bathrooms have personal items which are not labeled for resident identification including bedpans, bath pans, emesis basins, denture cups, bedside commode buckets, and urinals. In addition, these items were not stored properly [to] prevent cross-contamination.”
In a summary statement of deficiencies dated August 10, 2017, the state investigators documented that the facility had failed to “ensure the residents’ environment remained as free from accident hazards as possible. Observation on August 8, 2017, during an initial facility tour, revealed the Spa Room doors on both the A and B Halls were not properly closed and had potentially hazardous products as well as nail clippers and razors inside, which were accessible to wandering, confused residents.”
Continuing observation on August 8, 2017, revealed the Maintenance Utility Cart “parked at the end of the A Hall was unlocked and unattended. The cart contained a razor box cutter, various sized nuts, bolts, screws, tools, paste, and silicone paste which were accessible to wandering, confused residents.”
The state investigative team reviewed the observing resident’s medical records, Admission MDS (Minimum Data Set) Assessment and Brief Interview for Mental Status (BIMS) that showed the resident was cognitively intact. A review of the medical records of the other resident who had allegedly swallowed liquid deodorant revealed that that resident had severe cognitive impairment.
The reporting resident stated they had observed the other resident “vomit after ingesting liquid deodorant on or approximately on January 20, 2018.” The observing resident added that a Registered Nurse (RN) “later entered his/her room to explain that she had checked on [the resident who had allegedly swallowed deodorant], in a soft whisper [before] hastily exiting [the room].”
The observing resident also revealed that they had “reported the incident to the facility’s Ombudsman.” The surveyors attempted to contact the facility Ombudsman but had not received a return call.
In a summary statement of deficiencies dated August 30, 2018, the state investigators documented that the facility had failed to “ensure services were provided according to acceptable standards of quality for one of twenty-one residents” in the sampled survey.
The incident involved a resident who had Physician’s orders that were changed from 2 mg every eight hours to 2 mg three times a day for seven days and then 2 mg twice a day. The surveyors noted that there was “no documented evidence that the order was transcribed into the electronic Physician’s orders.”
A review of the resident’s electronic Medical Records show that the resident was not receiving the scheduled medication but was receiving medication at 2 mg sporadically from August 13, 2018, through August 30, 2018, with the resident receiving either no medication once a day or the medication twice a day.
In a summary statement of deficiencies dated August 10, 2017, the state investigative team documented that the facility had failed to “ensure services were provided [by] each resident’s’ written Comprehensive Plan of Care for seven of sixteen sampled residents.”
The surveyors state that a record review revealed the Comprehensive Care Plans “were not followed related to scheduled bath/showers for [seven residents] who went as long as eighteen days without a bath or shower with no documented evidence of refusal.”
The surveyors reviewed the Resident Assessment Instrument Manual by the CDC (Centers for Disease Control and Prevention) that revealed that the “Comprehensive Care Plan is an interdisciplinary communication plan must include measurable objectives and time frames and must describe the services to be furnished to attain or maintain the resident’s highest practicable physical, mental, and psychosocial well-being. Further review revealed the services provided or arranged must be consistent with each resident’s written plan of care.”
The survey team interviewed the Director of Nursing who revealed that “when residents were scheduled for baths/showers, the staff was to provide the assistance needed to ensure the bath/showers were completed. She stated showers were sometimes interrupted by refusal, illness or appointments, and her expectation was for staff to document if showers were given or refused.”
The Director also stated that “Nurse Aides are responsible for documenting when showers or bathes were given and documenting refusals, and nurses were responsible for following up to ensure bathes/showers were given. Per interview, as of this week, she began monitoring showers, and was not sure who has been monitoring [before] this week [to] ensure the baths/showers were completed.”
The Director of Nursing stated that “she expected residents’ care plans to be followed related to receiving baths and showers.” The facility Administrator stated that “residents were to receive showers at least twice a week or more often if they wanted them. Per the interview, it was his expectation for [completions] of baths/showers to be documented along with any refusals. He stated [he expected] that care plans be followed.”
Do you believe that your loved one was mistreated, neglected or abused while living at Diversicare of Nicholasville? If so, contact the Kentucky nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565 for immediate legal intervention. Our network of attorneys fights aggressively on behalf of Jessamine County victims of mistreatment living in long-term facilities including nursing homes in Nicholasville. 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 every nursing home neglect case, wrongful death lawsuit, personal injury claim for compensation through a contingency fee arrangement. This agreement postpones the need to pay for legal services until after we have resolved your case through a negotiated out of court settlement or jury trial award.
We offer all clients a “No Win/No-Fee” Guarantee. This guarantee ensures your family will owe us nothing if we cannot obtain compensation to recover your damages. We can start on your case today to ensure you receive compensation for your damages. All information you share with our law offices will remain confidential.
Sources:
Attorney Carey Acerra
Licensed in Kentucky
Chicago Nursing Home Injury Attorney Nursing Home Law Center LLC Home