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Heritage of Hot Springs Health and Rehabilitation Center Abuse and Neglect Attorneys
Our team of dedicated lawyers have investigated many mistreatment cases throughout Arkansas and can help your family obtain compensation and seek justice to hold those responsible for causing your loved one harm financially accountable. Let us begin working on your case now.Heritage of Hot Springs Health and Rehabilitation Center
This long-term care (LTC) facility is a 152-certified bed "for-profit" home providing services and cares to residents of Hot Springs and Garland County, Arkansas. The Medicare/Medicaid-participating center is located at:
552 Golf Links Road
Hot Springs, Arkansas, 71901
In addition to providing around-the-clock skilled nursing care, the facility also offers:
- Neurological and stroke condition care including physical, speech and occupational therapies
- Dementia care
- Orthopedic care
- Post-hospital care including IV (intravenous) antibiotic treatments, x-rays and laboratory services
The federal government has the legal authority to penalize any nursing home that has violated rules and regulations that have harmed or could have harmed a nursing facility resident. These penalties include denial of payment for Medicare services or an imposed monetary fine.
Within the last three years, the government has not fined Heritage of Hot Springs Health and Rehabilitation Center. However, the nursing home has received fourteen formally filed complaints and self-reported a facility issue that resulted in a citation within the last thirty-six months. Additional documentation about fines and penalties can be found on the Arkansas Adult Protective Services website concerning this nursing facility.
Families can visit the Arkansas Department of Public Health and Medicare.gov websites to obtain a complete list of all dangerous hazards, health violations, safety concerns, incident inquiries, opened investigations, and filed complaints. The regularly updated information can be used to make a well-informed decision on which long term care facilities in the community provide the highest level of care.
According to Medicare, this facility maintains an overall rating of one out of five stars, including two out of five stars concerning health inspections, one out of five stars for staffing issues and three out of five stars for quality measures. The Garland County neglect attorneys at Nursing Home Law Center have found serious deficiencies, hazardous violations and safety concerns at Heritage of Hot Springs Health 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 summary statement of deficiencies dated October 13, 2017, the state investigators documented that the facility had failed to "ensure staff avoided using a resident's axillary [armpits] area and pants to support the resident's weight during a transfer to prevent a potential injury." The state survey team noted that this "failed practice has the potential to affect fifteen residents who were transferred with a gait belt, according to the list provided by the Administrator on October 13, 2017."
The survey team reviewed the resident's Care Plan dated October 9, 2017, that states "I am at high risk for falls related to confusion, gait/balance problems. Therapy evaluation for grab bars in the bathroom. Be sure my call light is within reach. Follow facility protocol." However, "the Care Plan did not address how the resident was to be transferred."
The surveyor followed staff members on the evening of October 10, 2017, as "they ran into the resident's room. The resident was sitting on the floor beside her bed with a Registered Nurse (RN) and Certified Nursing Assistant (CNA) talking to the resident. The resident reported to the staff that she was trying to get her roommate a soda. She had a dollar in her hand." A Licensed Practical Nurse "entered the resident's room and started assessing the resident" finding no injuries. It was then that the Registered Nurse and a Certified Nursing Assistant "lifted the resident beneath her [armpits] and grasped the resident by the back of her pants and lifted her onto the bed in the sitting position.
Three minutes later, the surveyor asked the Registered Nurse and Certified Nursing Assistant "if the resident was planned for a gait belt transfer." The Registered Nurse responded, "everyone who is a transfer should be care planned for a gait belt." The surveyor asked both the CNA and RN "do you think [the resident] should have been lifted beneath the [armpits] and grabbed by the back of her pants to transfer her from the floor to the bed?" The Registered Nurse responded, "no, we should have used a gait belt, but I did not have one." The CNA responded," I have one, but it does not fit around the resident."
- Failure to Honor the Resident's Right to Be Treated with Respect and Dignity and Retain the Use of Personal Possessions
In a summary statement of deficiencies dated February 22, 2018, the state investigators documented that the facility had failed to "ensure meals were served on regular dinnerware [to] maintain a homelike environment." The deficient practice by the nursing staff involved a resident "who shared a room with [another resident] on isolation precautions." The investigator stated that "the failed practices had the potential to affect only this resident, the only resident who shared a room with [the other resident] on isolation precautions."
- Failure to Make Sure the Residents Are Safe from Serious Medication Errors
In a summary statement of deficiencies dated August 16, 2017, the state investigators documented that the facility had failed to "ensure physician's orders were followed to prevent significant medication errors which could result in complications." The deficient practice by the nursing staff involved residents "who had physician orders for intramuscular injections." The investigator documented that "this failed practice had the potential to affect eleven residents who had physician orders for intramuscular injections."
The state investigator reviewed medical records of residents at the facility and interviewed the Director of Nursing on August 15, 2017, over concerns about "medication errors." The surveyor noted that one resident's medications are not listed on the Medication Administration Record. "The nurse was not able to order the medication, because there were issues with placing orders in the computer." The Director stated that they did not know about the problem immediately but that the resident's Case Manager "had voiced her concern with the Administrator."
Failed to protect residents from serious medical errors – AR State Inspector
The Director stated that the Licensed Practical Nurse providing the resident care puts the orders into the computer when the resident is admitted to the facility." When the surveyor asked if the resident received the intramuscular injection … the Director of Nursing replied, "No, she did not." When asked if the resident received an injection, according to physician's orders, the Director responded, "no she did not. It was not discovered until 'sometime later' when I was investigating, and there was a medication error."
The Director also said that "there was another medication error regarding [the resident's drug]. The order did not change. The nurse transcribed the order incorrectly." The resident's medication "was supposed to be given every two weeks. I had the nurse do a medication error report." The surveyor said that "the medication error was significant, based on the classification of the medication (antipsychotic) and the frequency of the error."
- Failure to Choose a Doctor to Serve As a Medical Director to Create Resident Care Policies and Coordinate Medical Care in the Facility
In a summary statement of deficiencies dated February 23, 2017, the state investigators documented that the facility had failed to "ensure the Medical Director provided clinical guidance, oversight, and assistance for the facility to develop, implement and evaluate resident care policies and procedures for residents with dementia." At the time of the discovery of the violation, the facility had "a census of 118 residents."
The state investigator interviewed the facility Administrator who said that "she was unsure that the facility had specific policies and procedures related to dementia care. The Administrator [said] she would have to look up the information." Later that afternoon, "the Administrator stated the facility had no policies and procedures specific to the care of residents with dementia."
The investigator conducted a telephone interview with the facility Medical Director who stated "she became the facility's Medical Director [with] a medical background in obstetrics and gynecology and geriatric internal medicine. The Medical Director stated that she was also be attending physician for approximately 50% of the facility's residents and made the rounds at the facility two or three times per month as an internist."
The Medical Director clarified "that the facility also had a consulting psychiatrist that oversees the resident's psychiatric care. When asked if she had involvement in the activities at the facility that specifically focused on dementia care, the Medical Director replied that many residents of the facility had dementia with behavioral issues."
"The Medical Director stated that she interviewed the resident's course of the disease, their medications, and therapy services as indicated and added that there [was] a great deal of legal issues with the residents, as many had no family involvement and had been placed in the facility by Adult Protective Services."
In a separate summary statement of deficiencies dated April 26, 2018, the state investigator documented the nursing home's failure to "ensure the fencing around [F Hall courtyard and B Hall courtyard] was stable and free of sharp protrusions to prevent potential accident/injuries for residents who utilize these courtyard areas." The survey team documented that "this failed practice had the potential to affect twenty-two residents who went outside for smoke breaks on the F courtyard and twenty-two residents who use the B courtyard."
In a separate summary statement of deficiencies dated February 23, 2017, the state investigator documented the facility's failure to "ensure that five out of five residents with dementia who received psychoactive medications had appropriate clinical indications for the use of those medications." The investigator also said that "the facility had failed to ensure that staff provides appropriate documentation of behavior monitoring and medication side effects monitoring for [five residents] while they each received psychoactive medications." The surveyor reviewed the facility policy titled: Antipsychotic Use in Residents with Dementia dated August 2013 that reads in part:
"Residents [who are] exhibiting new or worsening behavioral or psychological symptoms of dementia (DPSD) will be evaluated by the Interdisciplinary Team to identify and address treatable medical, physical, functional, emotional, psychiatric, social, and environmental causes. Residents with DPSD will be given antipsychotic medications only if clinically indicated and necessary to treat specific conditions and target symptoms, as diagnosed and documented in the medical record."
"During antipsychotic therapy, residents with dementia will be monitored for side effects and efficacy of use. Incidents of target behaviors and side effects will be documented on the Behavior Monitoring Forms."
If your loved one was injured or harmed while living at Heritage of Hot Springs Health and Rehabilitation Center, contact the Arkansas nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565. Our law firm fights on behalf of Garland County victims of mistreatment living in long-term facilities including nursing homes in Hot Springs. Our seasoned attorneys represent residents who were harmed by caregiver negligence or abuse. We have years of experience in successfully resolving recompense claims to ensure our clients receive the compensation they deserve. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a monetary recovery claim. Let us fight aggressively on your behalf to ensure your rights are protected.
Our attorneys accept every case concerning wrongful death, personal injury and nursing home abuse through a contingency fee arrangement. This agreement 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 attorneys begin working on your behalf today to ensure your family receives adequate compensation from those who caused your harm. All information you share with our law offices will remain confidential.