Nursing homes, assisted living centers and rehabilitation facilities have a legal and ethical obligation to provide every patient with the highest level of care following established standards of quality. Unfortunately, the conduct of some medical and nursing professionals leads to neglect, abuse, and mistreatment. In some cases, the patient is subjected to physical or sexual assault by caregivers, visitors or other residents.
If your loved one was mistreated while residing in a Breckinridge County nursing facility, contact the Kentucky Nursing Home Law Center attorneys immediately for legal intervention. Allow our team of lawyers to work on your behalf to ensure your family receives adequate monetary compensation for your damages. We will use the law to hold those responsible for the harm legally accountable.
This long-term care (LTC) facility is a 63-certified bed center providing services to residents of Hardinsburg and Breckinridge County, Kentucky. The "for profit" Medicare/Medicaid-approved home is located at:
101 Fairgrounds Road
Hardinsburg, Kentucky, 40143
(270) 756-2159
Hardinsburg Nursing and Rehabilitation Center
In addition to providing around-the-clock skilled nursing care, Hardinsburg Nursing and Rehab Center offers other amenities and services that include:
Federal agencies and the State of Kentucky have a legal responsibility to monitor every nursing facility. If serious violations are identified, the governments can impose monetary fines or deny payments through Medicare if the resident was harmed or could have been harmed by the deficiency.
Within the last three years, Hardinsburg Nursing and Rehabilitation Center self-reported two serious issues that both resulted in citations. Additional documentation about fines and penalties can be found on the Kentucky Department of Health Care Nursing Home Reporting Website concerning this nursing facility.
Families can download statistics from the Kentucky Department of Public Health online site to view a comprehensive historical list of all opened investigations, filed complaints, dangerous hazards, health violations, safety concerns, and incident inquiries of every facility statewide and on Medicare.gov. The information can be used to determine the level of health, and hygiene care each community long-term care facility provides its patients.
According to Medicare, this facility maintains an overall rating of one out of five stars, including two out of five stars concerning health inspections, three out of five stars for staffing issues and one out of five stars for quality measures. The Breckinridge County neglect attorneys at the Nursing Home Law Center have found serious deficiencies and safety concerns at the Hardinsburg Nursing and Rehabilitation Center that include:
In a summary statement of deficiencies dated January 19, 2018, a state investigative team noted the nursing home's failure to “maintain an effective infection control program [regarding] precautions to prevent the transmission of infections for two of sixteen sampled residents.” The surveyors say that these two residents “were on contact isolation precautions and staff failed to utilize appropriate Personal Protective Equipment (PPE) while caring for the residents.”
The surveyors say that the nursing home also failed to “clean [a resident’s intravenous (IV) access for [before] accessing the port.” The surveyors reviewed the facility’s policy titled: Infection Control that reads in part:
“The facility uses the CDC (Centers for Disease Control and Prevention) guidelines for their policy.”
“Handwashing, clinical equipment disinfecting, and isolation guidelines are included and intended to meet the standards of CDC guidelines for long-term care.”
The survey team reviewed a resident’s clinical record and Comprehensive Care Plan dated January 2, 2018, that revealed that the resident was placed on contact isolation for Methicillin-resistant Staphylococcus aureus [a highly contagious bacteria] to the right foot. Review the approaches revealed isolation as needed per policy.”
Surveyors observed a sign posted on the resident’s door at 8:05 AM on January 17, 2018. The signed directed visitors to the room “to see the nurse before entering and there was a plastic container with gowns, gloves, and masks.” At that time, a Registered Nurse (RN) “entered the resident’s room without performing hand hygiene or donning any Personal Protective Equipment. The nurse administered oral medications to the resident [and] touched the resident’s bedside table with her bare hands during medication administration.”
The surveyors also observed the RN placing “a solo cup with medications and a container with nasal medication directly on to the table. She applied gloves without hand hygiene to administer the nasal medication. After administration of the nasal medication, she removed her gloves and performed hand hygiene.”
The survey team interviewed the RN who revealed that “she was aware the resident was in contact isolation [involving Methicillin-resistant Staphylococcus aureus] of the wound.” The RN stated that “since the wound was enclosed in the soft cast, she did not have to wear PPE unless she was ‘messing’ with the wound.”
The survey team then observed the lunch meal service at around noon on July 18, 2018, when a State Registered Nurse Aide (SRNA) delivered the food tray to [the resident on contact isolation] without donning any personal protective equipment before entering the room. The SRNA placed the food tray on top of the resident’s bedside table, leaving the room [and] re-entering the room without any PPE. The Aide touched the resident’s bedside table, [and] did not perform hand hygiene before entering the resident’s room either time.”
The investigators interviewed the SRNA a few minutes later who revealed that “she was aware that the resident was on contact isolation [for Methicillin-resistant Staphylococcus aureus]. She stated she had been told she did not need to wear PPE if she was not going to touch the resident. She stated she had not thought about touching the resident’s bedside table.”
The survey team interviewed a Licensed Practical Nurse (LPN) a few minutes later to reveal that the SRNA “informed her that she failed to wear any PPE in [the contagious resident’s] room and touch the resident’s bedside table.” The LPN stated that “since the table was a hard surface, PPE should always be worn. She stated the appropriate PPE for contact isolation would be a gown and gloves.”
The surveyors interviewed the facility Director of Nursing on the afternoon of January 19, 2018, who stated that “it is expected that SRNAs would contact the resident’s nurse for direction regarding any isolation precautions questions. She revealed if staff did not follow the policy, it could cause cross-contamination to other residents or staff.”
The Director stated that “although annual competencies addressing infection control were completed, she did not conduct formal audits. She stated she had not observed any nurse administering IV medications.”
A Licensed Practical Nurse (LPN) failed to “ensure soiled gloves were not accessible to residents on the East Hallway after providing peri-care for [another resident].” Also, the same LPN “did not sanitize [their hands before] donning gloves for resident care and did not change contaminated gloves before proceeding with wound care for [a third resident].”
In a summary statement of deficiencies dated November 17, 2016, a state surveyor documented that the facility had failed to “maintain a safe, hazard-free environment by not ensuring a medication cart was locked when not supervised by authorized staff. Observations revealed medication carts were unlocked and accessible to residents on five occasions.”
The surveyors reviewed the facility’s policy titled: Medication Storage – Storage of Medication from 2012 that reads in part:
“The medication supply for the facility is to be accessible only to staff members authorized to administer medications.”
The surveyors observed the West Hall after 7:30 AM on November 15, 2016. At that time, a “medication cart located in the home was unlocked and unsupervised by staff. Staff was not present in the area of the medication card. After two minutes, [a Licensed Practical Nurse (LPN)] exited a resident room and began working at the medication cart.”
Two mornings later at 10:30 AM and 10:32 AM, the same LPN “entered a resident room and left the medication cart unlocked and unsupervised in the West Hall.” The LPN “exited the resident’s room, returned to the medication cart and then went to a different resident’s room and left the medication cart unlocked and unsupervised.”
Subsequent observations of medication administration were made that morning when the LPN left the cart unattended and unlocked. That morning, the surveyors interviewed the LPN who revealed that “staff should lock the medication cart when the cart is unattended. Additionally, [the LPN] stated an unlocked medication cart allowed access by unauthorized persons and someone could consume medications that could harm them. An unlocked medication cart allowed for the medication to turn up missing.”
The LPN stated that “she walked away from the unlocked medication cart with oxycodone and hydrocodone medications left on top of the cart because the surveyor was standing by the cart and she thought it was okay.” The investigators interviewed the Unit Manager a couple of hours later who “revealed staff should lock the medication cart when they walked away from the cart.”
The stated that “an unlocked medication cart could result in missing medications or resident consuming a medication which they may be allergic.” The Unit Manager stated that “he left the cart unlocked in the lobby because the supervisor was there to observe the cart.”
In a separate summary statement of deficiencies dated September 6, 2018, the state investigator noted that the nursing home “failed to ensure residents receive adequate supervision to prevent an accident for one of five sampled residents.” The incident involved a Certified Nursing Assistant (CNA) transferring a resident “using a mechanical lift without the assistance of another staff member and the resident sustained [a concussion].”
The documentation shows the facility assessed the resident “was at risk for falls and requires two staff for transfer with the use of a mechanical lift. However, on June 28, 2018, [the CNA] attempted to transfer [the resident] using a mechanical lift without the assistance of a second staff member. Per the interview, the resident slid out of the sling and fell to the floor when a loop came loose from the lift.”
The facility “transferred the resident to the emergency room where he/she was diagnosed with [injuries].” The State Survey Agency “determined the facility completed corrective action and achieve substantial compliance on July 1, 2018, [before] the start of the investigation on September 4, 2018; therefore, the deficient practice was determined to be past noncompliance.”
The investigators reviewed the resident’s Nurse’s Notes dated June 28, 2018, that revealed an Assistant Director of Nursing “documented that the resident was placed on the floor at 4:30 PM. An assessment was completed and the resident had a skin tear to the right forearm, knee, hand, and forehead. The resident denies pain. The Physician and family were notified, and the resident was sent to the hospital.”
The survey team reviewed the hospital Emergency Physician Record of the same date that revealed that the resident “presented to the emergency room with a hematoma (collection of blood) to the right forehead, abrasion to the right knee, and a skin tear to the right arm. The ER Physician diagnosed the resident with a concussion (without loss of consciousness) and discharged him/her back to the facility.”
Do you suspect that your loved one was injured or harmed while living at Hardinsburg Nursing and Rehabilitation Center? 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 Breckinridge County victims of mistreatment living in long-term facilities including nursing homes in Hardinsburg. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim.
For years, our attorneys have successfully resolved nursing home abuse cases just like yours. Our experience can ensure a positive outcome in your claim for compensation against those that caused your loved one harm. The attorneys accept all personal injury claims, nursing home abuse suits, medical malpractice cases, and wrongful death lawsuits through a contingency fee arrangement. This agreement postpones making upfront payments for our legal services until after we have successfully resolved your compensation claim through a negotiated settlement or jury trial award.
Our network of attorneys 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. We can start on your case today to ensure you receive compensation for your damages. All the 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