The Highlands of Dyersburg Health and Rehabilitation Center Abuse and Neglect Attorneys
Many families are often overwhelmed at the thought that they must place their loved one in a nursing home and transfer providing care to medical professionals. These family members are often comforted understanding that they will receive the best care in a compassionate, safe environment. Unfortunately, mistreatment occurs all too often in nursing homes when caregivers or another resident injures a victim.
Was your loved one assaulted, neglected or abused in a Dyer County nursing facility? If so, the Tennessee Nursing Home Law Center Attorneys can provide immediate legal intervention. We work on behalf of injured clients to ensure they receive adequate monetary recovery to cover the cost of their damages. We use the law to take immediate action and hold those responsible for harming your loved one legally and financially accountable. Our law firm can begin working on your case today to ensure your level and gets back on the right track of living a high quality of life.The Highlands of Dyersburg Health and Rehabilitation Center
This facility is a 123-certified bed "for profit" long-term care home providing services and cares to residents of Dyersburg and Dyer County, Tennessee. The Medicare/Medicaid-participating long-term care (LTC) center is located at:
350 East Tickle StreetFinancial Penalties and Violations
Dyersburg, Tennessee, 38024
The investigators for the 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.
Within the last three years, investigators have not fined The Highlands of Dyersburg Health and Rehabilitation Center. However, the facility did receive six formally filed complaints and self-reported one serious issue that resulted in a citation. Additional documentation about fines and penalties can be found on the Tennessee Department of Health Nursing Home Reporting Website concerning this nursing facility.
Families can visit the Tennessee Department of Public Health and Medicare.gov websites to obtain a complete list of all dangerous hazards, safety concerns, health violations, incident inquiries, opened investigations, and filed complaints. The regularly updated information can be used to make a well-informed decision on which LTC 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 one out of five stars concerning health inspections, four out of five stars for staffing issues and one out of five stars for quality measures. The Dyer County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at The Highlands of Dyersburg Health and Rehabilitation Center that include:
- Failure to Timely Report Suspected Abuse, Neglect or Theft and Report the Results of the Investigation to Proper Authorities
- Failure to Respond Appropriately to All Alleged Violations
- Failure to Ensure Residents Receive Proper Treatment to Prevent New Bedsores or Heal Existing Pressure Sores
- Failure to Provide Every Resident an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent Avoidable Accidents
- Failure to Provide and Implement an Infection Protection and Control Program
- Before and after direct resident contact,
- Before and after entering isolation precaution settings,
- Before and after assisting a resident with personal care,
- Before and after changing a dressing,
- After handling soiled or used linens [and] dressing,
- After removing gloves.”
In a summary statement of deficiencies dated February 7, 2018, the state survey team noted that the nursing home had failed to “report an allegation of abuse to the State Agency.” The deficient practice by the nursing staff involved one of five residents reviewed for “allegations of abuse.” The survey team reviewed the facility policy titled: Abuse Prevention that reads in part:
“The facility has designed and implemented processes, which strive to ensure the prevention and reporting of suspected or alleged resident/patient abuse, neglect, mistreatment, or misappropriation of property.”
“The Chief Executive Officer and the Director of Nursing are responsible for investigating and reporting.”
The survey team reviewed a resident’s closed medical records, Quarterly MDS (Minimum Data Set) and Brief Interview for Mental Status revealing that the resident “was cognitively impaired.” A review of the resident’s Incident Report dated September 4, 2017, shows that one resident discovered another resident lying down in the first resident’s bed.
Upon seeing another resident in their bed, the first resident “reacted in a hostile manner and attacked the resident while yelling.” The assaulted resident “began to scream, and a nearby Certified Nursing Assistant (CNA) intervened and separated the two.” The assaulted resident sustained injuries that were “cleaned, treated, and bandaged.”
The investigators interviewed a Licensed Practical Nurse that had provided the resident care and was asked: “if he was on duty at the time of the resident-to-resident altercation?” The LPN replied, “yes ma’am” stating that “early in the evening, around 6:45 PM – 7:00 PM, I was just beginning my shift” when [one resident] wandered into [the other resident’s] room and laid down [in their] bed.”
The LPN said that when this occurred, the one resident had been “upfront wanting to smoke” before going back to “her room.” When the smoking resident found the other resident in their bed, the CNA “shouted for me to come [to the resident’s room stating] something was going on down here. When I got there, the residents were already separated.”
The LPN said that the assaulting resident “was crying and saying ‘keep her away from me.’ I noticed a large amount of blood on her face and shoulders. We escorted [the assaulting resident] back to her room removing her from the situation. I had an aide sit with [the assaulted resident and another nursing aide provide one-on-one supervision with the assaulting resident.”
The LPN said, “I ran to the front to get the treatment cart [and clean the resident’s] face and shoulders with wound cleanser [and] discovered she had roughly a dozen injuries.” The LPN recorded the wounds to the assaulted resident’s face, right shoulder, neck and claw marks” that were superficial. The documentation was put in the resident’s Treatment Administration Record. The LPN treated the wounds with antibiotic ointment and dressing before notifying the doctor. The Administrator got the report the next morning.
The surveyors interviewed the facility Director of Nursing and asked: “if she reported the resident-to-resident altercation with injuries to the state.” The Director replied, No, I did not” confirming that it was unacceptable “to not report resident-to-resident altercations with injuries to the State agency.
In a summary statement of deficiencies dated February 7, 2018, a surveyor documented that the facility had failed to “investigate an allegation of abuse for one of five resident allegations of abuse that were reviewed.” The investigative team reviewed the facility’s policy titled: Abuse Prevention and looked at the resident’s medical records who assaulted another resident listed above.
The investigators interviewed the facility Director of Nursing who confirmed that it was unacceptable “to not investigate a resident-to-resident altercation with injuries” stating that “the old Administrator told me it was not required [and] for me not to worry about it.”
In a summary statement of deficiencies dated February 7, 2018, the state investigators documented that the facility had failed to “provide care and services for the treatment of [bedsores].” The surveyors reviewed a resident’s medical records and physician’s orders that directed the nursing staff to clean a Stage IV right ischial tuberosity using wound cleaner before applying wet to dry dressing and abdominal dressing and secured with tape every day and as needed.”
The survey team reviewed treatment records for the previous December and January that revealed that the “wound treatment to the right to shield tuberosity was not documented as refused or performed” for numerous dates between December 14, 2017, and January 28, 2017.” A review of the resident’s Weekly Wound Evaluation Sheets for the same two months of December and January revealed that there “were no wound assessments to the right ischial tuberosity wound” for all weeks between December 25, 2017, and January 29, 2018.
The surveyors observed the resident in the resident’s room while the Treatment Nurse “was performing wound care.” The resident “had a Stage IV pressure ulcer that was opened; the wound bed was clean without drainage.” The investigators interviewed the Treatment Nurse and asked: “about the missing documentation on the Treatment Records.” The treatment Nurse replied, “sometimes the night shift does his treatment, but my initials are there.” The investigators asked the Treatment Nurse “if she would expect the missing signatures on the treatment record?” The Nurse replied, “No.”
In a summary statement of deficiencies dated February 7, 2018, the state investigators documented that the facility had failed to “follow interventions for prevention of falls.” The deficient practice by the nursing staff involved one of two sampled residents reviewed for falls.”
The investigators reviewed the resident’s Medical Records an Annual MDS (Minimum Data Set) Assessment that document “two or more falls with no injury since [before the] assessment, and one fall with injuries (not major).” The survey team reviewed the Resident Incident Report forms documented that the resident had fallen and there “was no injury [on] November 27, 2017, with no injury, and again on November 27, 2017, with an abrasion to the right ribs.”
As a part of the investigation, the surveyors reviewed the resident’s Care Plan dated January 7, 2017, and reviewed on December 19, 2017, that shows “Problem/Need: Potential for falls related to unsteadiness and history of falls. Approaches: Mats to floor at the bedside. Pressure pad to bed.” However, when the surveyors observed the resident in the resident’s room at numerous times on February 6, 2018, and once in the morning at February 7, 2018, there were “no mats at the bedside and no pressure pad to the bed.”
The surveyors interviewed a Licensed Practical Nurse (LPN) providing the resident care who was asked “about the pressure pad not on the bed or the mats not at the bedside.” The LPN stated, “I know he will not keep the alarm on; he will bring the alarm to us and say he does not need it. I will find him another one. I do not think the mats would really be safe for him because of the way he walks, he drags and scoots his feet.”
The MDS (Minimum Data Set) Coordinator was interviewed that day and when asked “if the pressure pad alarm or the fall mats had been discontinued” replied, “no, not that I know of.”
In a summary statement of deficiencies dated February 7, 2018, a state survey team documented that the facility failed to “ensure infection control practices were followed to prevent the spread of infection for isolation precautions, peri-care, and a dressing change.” The surveyors reviewed the facility’s policy titled: Handwashing/Hand Hygiene and Infection Control Policy that read in part:
“The facility considers hand hygiene the primary means to prevent the spread of infections. Employees must wash their hands for at least fifteen seconds using antimicrobial or non-antimicrobial soap and water under the following conditions:
“In most situations, the preferred method of hand hygiene is with an alcohol-based hand rub. If hands are not visibly soiled, use an alcohol-based hand rub containing 60% – 95% [solution].”
“Wear a gown (clean, nonsterile) when entering the room.”
The surveyors observed the resident in the resident’s room just after noon. At that time, a Certified Nursing Assistant (CNA) “sanitized her hands, removed a tray from the meal carts, she then removed and donned a pair of gloves from the Personal Protective Equipment [PPE] cart and entered [the resident’s] room, failing to don a protective gown before entering the room.”
The same CNA “then placed the meal tray on the overbed table and stood at the bedside awaiting assistance from [another CNA who] sanitized her hands, obtained and donned a pair of gloves from the PPE cart and entered [the resident’s] room, failing to don a protective gown before entering the room.”
While the Certified Nursing Assistants repositioned the resident “in the bed, removed their gloves, wash their hands, and exited the room.” Both Certified Nursing Assistants “failed to don the appropriate protective equipment [before] entering the room.”
Was your loved one injured or died prematurely while living at The Highlands of Dyersburg Health and Rehabilitation Center? If so, call the Tennessee nursing home abuse and neglect lawyers at Nursing Home Law Center at (800) 926-7565 now for legal help. Our law firm fights aggressively on behalf of Dyer County victims of mistreatment living in long-term facilities including nursing homes in Dyersburg.
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 now to ensure your rights are protected.
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. We can start working on your case today to make sure you and your family receive monetary recovery for your damages. All information you share with our law offices will remain confidential.Sources: