Mistreatment occurring in nursing homes has become a widespread problem where victims of abuse and neglect are injured at the hands of caregivers, visitors, employees, and other patients. In some cases, the nursing staff is underpaid, overworked, or not given enough training and education to ensure that the needs of every elder, infirmed, disabled or rehabilitating resident are met. For some families, identifying the common signs of mistreatment can be challenging to recognize especially if abuse or neglect it is covered up by the staff.
The Kentucky Nursing Home Law Center attorneys have represented many victims of mistreatment including those residing in Jefferson County nursing homes. If you suspect that your loved one is the victim of mistreatment, contact our team of lawyers today. Let us represent you to ensure your family receives adequate monetary recovery for your damages. We will use the law to hold those responsible for the harm legally accountable. We can begin working on your case today.
This long-term care (LTC) facility is a "for profit" 154-certified bed long term care center providing cares and services to residents of Louisville and Jefferson County, Kentucky. The Medicare/Medicaid-participating home is located at:
1705 Stevens Avenue
Louisville, Kentucky, 40205
(502) 451-7330
URL: https://www.dvcr.com/locations/highlands/
In addition to providing around-the-clock skilled nursing care, Highlands Health and Rehab Center offers other amenities and services that include:
Kentucky and federal investigators have the legal authority to penalize any nursing home that has been cited for a serious violation that harmed or could have harmed in nursing home resident. Typically, these penalties include imposed monetary fines and denial of payment for Medicare services.
Within the last three years, state investigators imposed to serious monetary fines against Highlands Health and Rehabilitation Center citing substandard care. These penalties included and $85,943 fine on November 11, 2016, and $13,826 fine on May 2, 2018, for a total of $99,769.
Also, the facility received eight 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.
Information on every intermediate and long-term care home in the state can be reviewed online at Medicare.gov and the Kentucky Department of Public Health website. These regulatory agencies routinely update the comprehensive list of incident inquiries, dangerous hazards, filed complaints, health violations, safety concerns, and opened investigations on facilities statewide.
According to Medicare, this facility maintains an overall rating of one out of five stars, including one out of five stars concerning health inspections, three out of five stars for staffing issues and two out of five stars for quality measures. The Jefferson County neglect attorneys at the Nursing Home Law Center have found serious deficiencies and safety concerns at Highlands Health and Rehabilitation Center that include:
In a summary statement of deficiencies dated September 8, 2017, the state investigative team noted that the facility's failure to "investigate and report to appropriate State Agencies, an allegation of abuse for one resident.” The investigators reviewed the facility’s policy titled: Abuse that reads in part:
“The purpose of the policy is to report and investigate alleged violations of federal and state laws involving mistreatment, neglect, abuse, injuries of unknown source, and misappropriation of resident/patient’s property.”
“The facility takes appropriate steps to prevent the occurrence of abuse, neglect, injuries of unknown origin, and misappropriation of resident/patient property.” The facility ensures “all alleged violations of federal and state laws which involve mistreatment, neglect, abuse, injuries of unknown source, and misappropriation of resident/patient property (alleged violations) are reported immediately to the Administrator/Director of Nursing of the facility.”
“Such violations will be reported to the State agencies and law enforcement [according to] existing state law. The Administrator/Director of Nursing will direct a thorough investigation of each such alleged violation and are responsible for reporting the results of all investigations to State agencies as required by state and federal laws.”
The survey team reviewed a resident’s clinical record, Quarterly MDS (Minimum Data Set) Assessment and Brief Interview for Mental Status (BIMS) that determines that the “resident was not interview-able.” A review of the resident’s Medication Management Assessment dated July 10, 2017, revealed the resident “reported to the Nurse Practitioner that he/she hurt and pointed to his/her buttocks.”
At that time, the LPN asked: “if something had happened.” The resident responded “‘molestation’ but would not answer any further” when asked by the Nurse Practitioner. The state survey team said that “there was no documentation that the Nurse Practitioner reported the incident to the facility on that day; however, an addendum dated July 11, 2017, revealed the Nurse Practitioner reported the statements the resident made of molestation to the floor nurse and social services.”
The surveyors interviewed a Licensed Practical Nurse (LPN) over the telephone who revealed “the allegation of [the resident] being molested had not been reported to her, and it must have been another nurse on the unit. She revealed if the abuse had been reported to her, she would have reported it to the Director of Nursing Services. However, she had not reported anything because it was not reported to her.”
The Nurse Practitioner stated during a telephone interview that “she had been doing a psych assessment on [the resident] on July 10, 2017, and she had asked about pain.” At that time, the resident “pointed to his/her buttocks and replied ‘molestation.’” The Nurse Practitioner asked what happened and when it happened, but the resident would not elaborate.”
The Nurse Practitioner stated that “she reported [the allegation of abuse] to the floor nurse and identified her as [a different LPN or the LPN listed above in the telephone interview]. The Nurse Practitioner stated she followed up with social services and [the second LPN] on July 11, 2017.
The Nurse Practitioner stated “neither staff had heard anything about a history of molestation. However, the Nurse Practitioner revealed Social Services stated she would look into it. The Nurse Practitioner revealed she did not physically assess [the resident] for injury or look at his/her buttock and did not know if the floor nurse did any physical assessment.”
The Nurse Practitioner stated that “if she had felt it was abuse, she would have notified the Administrator, Director of Nursing, and possibly the police.” The state investigators interviewed social services who revealed that “she was not aware of any allegation of molestation from [the resident].” Social services stated that “she had no recollection of the Nurse Practitioner reporting the incident to her. She stated if the Nurse Practitioner had reported to her, she would have started an investigation immediately. Social services stated the incident of alleged molestation should have been investigated, and it was not because she did not recall it being reported to her.”
In a summary statement of deficiencies dated May 2, 2018, a state surveyor documented that the facility had failed to “have an effective system in place to protect two residents from abuse. Per record review and staff interview, the facility was aware [that a resident] displayed inappropriate sexually acting out behaviors at the time of admission to the secured unit on December 16, 2017. However, the facility failed to implement interventions related to [the resident’s] potential behavior.”
The surveyor stated that on April 5, 2018, and Licensed Practical Nurse (LPN) “found [the resident’s unclothed from the waist down, lying on his/her stomach with [another resident] on top of him/her, who was also unclothed from the waist down.”
Additionally, the resident on top admitted having “sucked on [the first resident’s] breasts; however, staff determined sexual abuse did not occur and did not send [the female resident out for an examination. The Administrator and Director of Nursing Services stated due to [the female resident’s] cognitive impairment, he/she was unable to give consent to sexual behavior. However, [according to management, the female resident] was not abused because human instinct was his/her consent.”
On April 11, 2017, the facility moved [the allegedly abusive resident] from secured unit to an unlocked unit.” Four days later, that resident “was found on another floor in [a third resident’s] room. That resident yelled for help and staff entered the room.” The allegedly abusive resident “was observed massaging self in the crotch area with his/her pants down passage/her buttocks. Interview with the Director of Nursing services revealed there was no abuse because sexual contact had not occurred.”
The surveyor stated that “the facility’s failure to have an effective system in place to ensure each resident remained free from abuse has caused or is likely to cause serious injury, harm, impairment, or death. Immediate Jeopardy was identified on April 23, 2018 and determined to exist on April 5, 2018.”
The survey team stated that the “facility provided an acceptable Allegation of Compliance on April 27, 2018, alleging removal of the Immediate Jeopardy on April 27, 2018. However, during the validation of the Allegation of Compliance, the State Survey Agency determined the facility failed to maintain one-to-one supervision per the Allegation of Compliance for two hours on April 29, 2018.”
The survey team interviewed the staff on May 1, 2018 that “revealed one-to-one staff could not be provided during these two hours. Due to staffing issues. However, one-to-one supervision resumed on April 29, 2018, and continued with no breaks in supervision. Therefore, the State Survey Agency determined the Immediate Jeopardy was not removed until April 30, 2018.”
In a summary statement of deficiencies dated September 8, 2017, a state investigator noted the nursing home's failure to “follow infection control practices for two residents.” Observations “revealed improper hand hygiene during resident care for [a resident] when the staff potentially contaminated [the resident’s] wound while providing incontinent care.”
The survey team observed a resident receiving incontinent care. During that time, Certified Nursing Assistant (CNA) “donned gloves and set up supplies to begin incontinent care. He cleansed the resident’s buttocks and applied a barrier cream. He then began putting clean linen on the bed without removing his soiled gloves. As he rolled the resident over, [the resident] began having a bowel movement.”
At that time, the CNA “cleansed the resident’s buttocks again and applied the barrier cream. Without removing his soiled gloves, [the CNA] rolled the resident on to his/her back and applied barrier cream to the resident’s perineal area. He assisted by repositioning the resident in bed, elevating the head of the bed, covering the resident with a clean sheet, and putting the resident’s nasal cannula in his/her nose while wearing the soiled gloves.”
Do you suspect that your loved one was mistreated, neglected or abused while at Highlands Health 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 Jefferson County victims of mistreatment living in long-term facilities including nursing homes in Louisville. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim.
Our seasoned attorneys provide legal representation to long-term care home residents who have been harmed by negligence and abuse. Our legal team has years of experience in successfully resolving claims for compensation against caregivers who must be held accountable. We accept all nursing home cases involving personal injury, abuse, and wrongful death through a contingency fee arrangement. This agreement postpones your payment for our legal services until after we have successfully resolved your case through a jury trial award or a negotiated settlement.
Our network of attorneys provides every client with a “No Win/No-Fee” Guarantee. This guarantee ensures that your family will owe us nothing if we are unable to obtain compensation on your behalf. Let our attorneys begin working on your behalf today to ensure your family receives adequate compensation from those who caused your harm. All the 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