Kansas City Missouri Nursing Home Abuse Attorney

Kansas City Missouri Nursing Home Abuse AttorneyWhen a family member places a loved one in a nursing facility, they never imagine that the become a victim of abuse or neglect. Unfortunately, many incidences of mistreatment occur every day in nursing facilities nationwide. In fact, the Kansas City nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have handled many cases of inadequate supervision, inadequate staffing or a lack of training that causes serious life-threatening problems and even claims the lives of many nursing home victims in Missouri.

Because of the residents in nursing facilities have certain limitations on their capacity to provide their own care, family members are often called upon to serve as their advocate. Watching out for a loved one in a nursing home is crucial because negligence and abuse can leave the victim physically, mentally or emotionally scarred for the remainder of their precious last few years.

Out of the more than 470,000 residents living within the city limits of Kansas City, approximately 60,000 are senior citizens. The high percentage of retirees in the community and the limited number of available beds at nursing facilities all throughout Jackson County has placed a significant burden on nursing homes that are unable to meet the needs of the growing aging population. As a result, the incident rates involving abuse, neglect and mistreatment have risen substantially over the last few years. This number is likely to increase as more older Americans enter their retirement years.

Kansas City Nursing Home Resident Health Concerns

In an effort to provide legal assistance, our Kansas City nursing home neglect attorneys continuously review, assess and evaluate publicly available nursing home information from a variety of sources including Medicare.gov. This information contains opened investigations, filed complaints, health hazards and safety concerns occurring in nursing home facilities all throughout Jackson County.

Our Missouri elder abuse law firm has represented victims who have been denied general appropriate care or suffered injury due to a safety or health hazard. Many of these victims have suffered facility acquired bedsores, broken hips, dehydration/malnutrition, and other injuries that cause severe medical complications or claim their lives.

Our law firm publishes this information in an effort to provide assistance to families who either have a loved one already placed in a nursing facility or those who are attempting to find the best location that provides the highest level of care.

Comparing Kansas City Area Nursing Facilities

The list below has been compiled by our Missouri elder abuse lawyers outlining Kansas City area nursing facilities that currently maintain substandard ratings compared to the level of care given at other nursing facilities nationwide. In addition, our law firm is added our primary concerns by detailing specific cases of neglect, abuse or mistreatment that caused actual or indirect harm to the facility’s residents.

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CLARA MANOR NURSING HOME
3621 Warwick Boulevard
Kansas City, Missouri 64111
(816) 756-1593

A “For-Profit” 90-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 stars rating

Primary Concerns –

Failure to Develop, Implement and Enforce Policies That Prevent Abuse, Mistreatment or Neglect of Residents

In a summary statement of deficiencies dated 09/15/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “implement their Abuse/Neglect Policy when the staff did not complete an investigation of an injury of unknown origin that resulted in a left distal radius (wrist fracture).” The failure by the nursing staff at Clara Manor Nursing Home affected one resident at the facility.”

The deficient practice was noted by the state investigator after reviewing the resident’s medical records including the resident’s Face Sheet that shows the resident was admitted to the facility with a closed subtrochanteric fracture, osteoporosis (thinning bones that become brittle and weak) and “rheumatoid arthritis disorder that attacks joints and other body parts.”

In addition, a review of the resident’s 05/11/2015 Care Plan revealed that the “resident had a potential for falls […and required] staff to assist with hygiene, bathing and toileting, staff to monitor for proper function and device use; the resident used a wheelchair for locomotion.” However, the state investigator noted that the resident’s “Care Plan did not show how the staff was to assist the resident with transferring from one surface to another.”

The resident’s 04/30/2015 Nurse’s Notes revealed that “a Licensed Practical Nurse documented that at 8:00 AM, the resident was up in [their] wheelchair and take into the dining room […and] had to be fed during breakfast.” The Certified Nurses’ Aide providing the resident care noted that “the resident’s left thumb was swollen and bruised; medication was given to the resident for pain; the resident was very restless; the resident’s physician was called and ordered an x-ray and at 2:40 PM, a mobile x-ray company came to the facility to complete the x-rays.”

The result of the 04/30/2015 X-ray revealed that the resident “had a fractured distal radius (wrist).”

An interview conducted at the facility by a state investigator with the facility’s LPN revealed that even though they were not present when the incident occurred, they “recognize the documentation in the Nurses’ Notes on 04/30/2015 as an injury that should have been documented in an incident report and [that] the resident was injured and the incident report was completed.”

At 11:40 AM 09/14/2015 interview with the facility’s Administrator revealed that the Administrator did not investigate any recent incidences although they are required to investigate “all injuries of unknown origin and [that day] did not have any reports related to the resident’s injury.”

Our Kansas City nursing home abuse attorneys recognize that failing to develop, implement and enforce policies to prevent abuse, mistreatment or neglect has the potential of causing resident’s additional harm. The deficient practice of the nursing staff and Administrator at Clara Manor nursing home might be considered negligence or mistreatment because their actions fail to follow the facility’s 06/01/2015 policy titled: Abuse and Neglect Policy that reads in part:

“The facility must ensure that all allegations of mistreatment, neglect or abuse, as well as injuries of unknown source, are reported immediately to the Administrator or to other officials in accordance with State law through established procedures.”

“Anything that appears even remotely suspicious should be reported immediately including all unexplained incidences of physical and/or verbal abuse.”

“The suspected incident will be investigated immediately. Division of Health and Senior Services will be contacted if the investigation is found valid.”

“The Administrator/Director of Nursing will initiate an investigation immediately upon the incident reported.”

GLENNON PLACE NURSING CENTER
128 North Hardesty
Kansas City, Missouri 64123
(816) 241-2020

A “For-Profit” 120-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Take All Necessary Precautions to Minimize the Potential of Serious Medication Errors Including the Wrong Dose, Wrong Drug, Wrong Time, Etc.

In a summary statement of deficiencies dated 12/15/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “ensure the medication administration rate was less than five percent. There were six errors in 24 opportunities [with] an error rate of 25%.”

The deficient practice was noted by the state investigator after an observation at 6:48 AM on 12/09/2015 revealing that a “Certified Medication Technician dispense the resident’s aspirin into a medication cup and left it unattended on the top of the medication cart while [they] enter the resident’s room to obtain [the resident’s] blood pressure and pulse. There was another resident standing next to the medication cart while this medication was unattended.”

The state investigator also noted that the medication that had been dispensed in place in the medication cup with an aspirin was refused by the resident who would not take the laxative. The Certified Medication Technician (CMT) said that they “did not know if the resident’s physician was aware of this.”

At a later point, the Certified Medication Technician was observed entering the resident’s room before placing a couple of the drugs and an inhaler “onto the seat of the resident’s walker (in front of the resident)” at that point, the Certified Medication Technician informed the resident that they needed to take their drugs. The technician indicated that they usually “just left the medication for the resident to take because the resident would not take it while the CMT stood there and that the resident took [their] medications at [their] own pace.”

The state investigator conducted an interview with the Certified Medication Technician at 8:35 AM on 12/11/2015. The CMT indicated that “staff should not leave medication on top of the medication cart unattended […and] staff was supposed to stand by and not leave the resident side until the resident took all of [their] medications […and] never left any of [that resident’s] medication at [their] bedside, including [the] inhaler.” The CMT indicated that they always “stood by and waited until the resident took them before walking away, otherwise [they] couldn’t be sure all the medication was consumed.”

An 11:30 AM 12/15/2015 interview by the state investigator was conducted with the facility’s Director of Nursing who said that they “would not expect staff to leave medication unattended on the top of the medication cart, especially if there was another resident nearby. Staff to take it with [them] if [they] had to leave the area or secure it until [they] could return.”

The Director of Nursing also indicated that the staff “should stay with the resident to ensure the resident took all the prescribed medication, only then should the staff leave.” Also, the Director of Nursing indicated that “if a resident was refusing [their] medications, [they] expect the staff to relay this information to the nurse and/or physician.”

Our Kansas City nursing home neglect attorneys recognize that failing to take all necessary precautions to minimize the potential of a medication error could place the health and well-being of the resident in immediate jeopardy. The deficient practice by the nursing staff at Glennon Place Nursing Center might be considered negligence or mistreatment because their actions fail to follow the May 2010 Certified Medication Technician Student Manual that reads in part:

“Never allow an unlocked medication cart out of your site. Lock the cart if you cannot see it; never leave medications unattended on top of the cart; make necessary resident observations prior to administering medications, i.e. check pulse prior to dispensing [the resident’s medicine] or check blood pressure according to physician’s orders.”

“Stay with the resident (as necessary) until all medications [have been taken] never leave medications at the resident’s bedside to be taken later.”

“Report to the Licensed Nurse any time a resident refuses to take a medication or if there is suspicion the resident is not swallowing [their] medications.”

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The PLAZA REHABILITATION and HEALTH CARE CENTER
4330 Washington
Kansas City, Missouri 64111
(816) 753-6800

A “For-Profit” 154-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Follow Procedures and Protocols When Providing Specialty Care to Ensure That the Resident Maintains Their Highest Level of Well-Being that Led to Actual Harm

In a summary statement of deficiencies dated 05/27/2015, a complaint investigation was opened against the facility for its failure to “follow physician’s orders for a resident who require continuous (24 hours a day seven days a week) oxygen therapy to support the resident with [their] needs.” The state investigator also noted the facility’s failure “to monitor the resident’s oxygen level and to report to license nursing staff that the resident had episodes of respiratory distress during [their] care.” The failure of the nursing staff at The Plaza Rehabilitation and Healthcare Center affected one resident at the facility.”

The complaint investigation involved a review of the resident’s medical records that revealed the resident suffered from lymphatic obstruction, a condition of localized fluid retention and tissue swelling and lymphedema (lymphatic obstruction), a condition of localized fluid retention and tissue swelling caused by a compromised lymphatic system. Typically, “the condition normally returns interstitial fluid to the thoracic duct and then the bloodstream.”

These conditions are often the result of a birth defect or are inherited, though it can be caused by cancer treatments and parasitic infections. Even though the condition is progressive and incurable, various treatments are available. However, lymphedema tissues are often highly susceptible to infection.[i] The investigator also noted that the resident suffered from dementia.

A review of the resident’s 05/16/2015 Plan of Care revealed that oxygen therapy was to be provided to the resident as per physician’s orders and that “nursing staff were to monitor and document the resident for signs and symptoms of respiratory distress and report to the resident’s physician as needed.”

The Care Plan also revealed that “the resident’s oxygen saturation was to be monitored by nursing staff every shift and as needed for signs and symptoms of shortness of breath; the resident’s oxygen was to be set for [them] to receive continuous oxygen at 2 to 3 liters per nasal cannula to maintain [their] oxygen level above 90% saturation.

However, when the state investigator interviewed a family member of the resident on 05/18/2015, the family member indicated that during their “visit with the resident, the resident complained that [they] could not breathe. The complainant observed that the resident had oxygen equipment on [their] person, but the oxygen machine was not turned on.”

In addition, it was noted that a Certified Medication Technician (CMT) and Certified Nursing Assistant “remove the resident’s oxygen nasal cannula, and the Certified Medication Technician undress the resident for [their] shower.” During the process, the resident’s oxygen nasal cannula “remained off at the beginning of [their] shower; at 1:50 PM, the resident became short of breath with labored breathing during [the] shower.”

During that event, the Certified Nursing Assistant “said if the resident does have a physician’s order for oxygen therapy they could be used during [the shower, and that during the shower the Certified Nursing Assistant] did notice that the resident had difficulty breathing and assisted the resident and placing [their] nasal cannula on to help with [their breathing].”

During the event, the Certified Medication Technician “continue with the resident shower. At 2:00 PM, the resident became more labor using [their] abdominal muscle to assist in [their] breathing (labored breathing is an abnormal respiration characterized by evidence of increased effort to breathe, including the use of accessory muscles). During the observation, the resident’s portable oxygen tank was turned to the off position.”

The CMT was asked, “how can you tell the portable tank was delivering oxygen to the resident?” The CMT “look at the tank and set the tank was not turned on and proceeded to turn the knob to the on position and check to make sure it was set to deliver three liters of oxygen.” At that point, the resident responded that they “could feel air coming through [their] nasal canola […and] became less labored after the portable oxygen was turned on and run for several minutes at three liters per nasal cannula.”

The state investigator conducted an interview with the Director of Nursing at 8:45 AM on 05/27/2015 who said “the CNAs [at the facility] had training on the set up to use the oxygen concentrator, portable tanks and placement of the nasal cannula […and that they] expected the nursing staff to monitor the resident’s oxygen therapy for proper functioning including placement of the nasal cannula and ensure the oxygen machine or tanks are turned on.” In a follow-up interview with the Director of Nursing at 11:20 AM on 06/04/2015, the Director said that they “would expect the CNA and CMT to have oxygen on the resident during [their] shower […and] if the resident became short of breath, the care staff should check to make sure the resident’s oxygen device was working properly and to notify the nurse if the resident continued to have shortness of breath.” In addition, the director of nursing expected that “the nursing staff would notify the resident’s physician of the resident’s respiratory issue did not improve or an acute change in condition [occurred].”

Our Kansas City nursing home neglect lawyers recognize that any failure to follow procedures and protocols when providing specialty care could place the health and well-being of the resident in immediate jeopardy. The deficient practice by the nursing staff at The Plaza Rehabilitation and Health Care Center might be considered negligence or mistreatment because their actions fail to follow the facility’s revised October 2010 policy titled Oxygen Administration Policy and Procedure that reads in part:

“The nursing staff should assess the resident while receiving oxygen therapy for signs and symptoms of difficulty breathing, slow or shallow rate of breathing. Monitor the resident oxygen saturation’s as ordered.”

“Check the oxygen tanks to be sure they are in good working order and so staff activates the resident’s oxygen delivery device.”

MYERS NURSING and CONVALESCENT CENTER
2315 Walrond Avenue
Kansas City, Missouri 64127
(816) 231-3180

A “For-Profit” 84-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 stars rating

Primary Concerns –

Failure to Develop and Follow a Complete Care Plan to Meet All of the Resident’s Requirements Including Actions and Timetables That Can Be Measured

In a summary statement of deficiencies dated 12/22/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “develop a comprehensive Care Plan for [a resident at the facility].”

The deficient practice was noted by state investigator reviewed a resident’s Admission Record Face Sheet that showed that the resident suffers from paralysis/weakness affecting one side of the body.” In addition, review of the resident’s 10/20/2015 Nurse’s Notes revealed that the resident “had an unwitnessed fall to the floor. Staff did not document where the fall occurred, where the resident was found, and what the resident fell from.”

The state investigator also noted that the documentation indicated that the resident hit their head and “requires several staff [members] to assist the resident off the floor and was sent to the emergency room for evaluation.”

A review of the resident’s 10/30/2015 Admission MDS (Minimum Data Set) reveal that the resident “was severely cognitively impaired; required staff supervision for bed mobility; required extensive staff assistance for locomotion […and] total staff assistance for transfers, dressing, toileting and bathing.” In addition, the MDS revealed that the resident “has impaired range of motion in both upper extremities in both lower extremities […and] had one non-injury fall and one injury fall since admission.”

The investigator also reviewed the resident’s 11/06/2015 Nurse’s Notes that showed that the resident “was found sitting on the floor in front of [their] wheelchair.” The document says that the resident’s “fall was unwitnessed; three staff members assisted the resident from the floor to [their] wheelchair […and] reminded the resident to ask for assistance and wait for staff to assist [them].” The documentation also indicates that the resident’s “retention level is not very good.”

Nurse’s Notes documented four days later on 11/10/2015 revealed that the resident’s “hospice provider was going to provide an electric bed with half side rails for positioning and assist with transfers and pads on the floor for safety.”

That led to state investigator to review the resident’s 11/10/2015 Evaluation of Side Rail Usage documentation that revealed that the resident “did not have any falls from [their] bed and cannot get in and out of bed safely without any human assistance or assistive device […and] has decreased safety awareness and [their] bed rails are not a restraint due to the resident is unable to get out of bed without assistance.”

The investigation involved a review of the resident’s 11/16/2015 Nurses Notes that revealed that “the resident was found on the floor during shift change rounds […and that the resident’s] fall was unwitnessed by facility staff and [that] the resident required 3 to 4 staff to assist the resident from the floor to the bed.”

The investigator conducted a 1:00 PM 12/14/2015 observation of the resident who was noted as being in bed “with two half side rails up on either side of [their] bed; a floor mat was on the floor on the right side of the bed. No mat was on the floor on the left side of the bed; the resident was unable to pull [themselves] using the side rails; […and the resident] said the side rail was to keep [them] from falling out of bed.”

The investigator also noted that the resident said that they “did not have enough strength to pull themselves up with the side rail.” A notation was made of the resident’s “teeth were discolored, chipped and broken.”

Upon an interview with the facility’s MDS Coordinator and Director of Nursing, it was discussed that “the resident should have a Care Plan for [their falls and side rails and… that] any change in the resident’s condition should be reflected in the Care Plan.”

Our nursing elder abuse lawyers recognize that any failure to develop and follow a complete Care Plan that meets the resident’s requirements that involve measurable actions and timetables could place the health and well-being of the resident in jeopardy. The deficient practice by the nursing staff at Myers Nursing and Convalescent Center might be considered negligence or mistreatment because their actions fail to follow established procedures and protocols enforced by state and federal nursing home regulations.

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Client Reviews
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric