Knoxville Tennessee Nursing Home Abuse Lawyer - Part 2

KINDRED NURSING AND REHABILITATION – FAIRPARK
307 N Fifth St
Maryville, Tennessee 37801
(865) 983-0261

A “For-Profit” 75-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 and Protocols to Control or Maintain Infections to Prevent a Spread throughout the Facility

In a summary statement of deficiencies dated 08/20/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “follow infection control procedures for contact isolation [involving two residents at the facility] on contact isolation.”

The deficient practice was noted by state surveyor after a review of a resident’s 07/26/2015 physician’s orders that revealed that the resident’s transmission based precautions were necessary due to purulent eye drainage and the resident’s history of (MRSA) Methicillin-resistant Staphylococcus aureus of the eyes.

On 08/17/2015 at 8:50 AM, then observation was made of a resident’s room that revealed: “a Contact Person sign was posted outside the entrance to the resident’s room.” The sign read: “wear gloves when entering room or cubicle, and when touching patient’s intact skin, services or articles in close proximity. Wear down when entering room or cubicle or whenever anticipating that clothing will touch patient’s items or potentially contaminated environmental surfaces.”

As a part of the investigation, certified nursing aide was noted to have “enter the resident’s room and was assisting the resident with her meal tray.” However, the Certified Nursing Assistant “was not wearing a gown.”

At 8:50 AM that same morning, the state investigator interviewed that Certified Nursing Assistant who stated: “she was told by [the Licensed Practical Nurse] the gown was not needed if she was only feeding the resident.”

State investigator then conducted an interview with the facility’s infection control nurse at 9:20 AM the same morning who confirmed that the Certified Nursing Assistant “should have worn a gown when entering the resident’s room, and that the facility failed to follow their policy for contact precautions.”

Our Maryville nursing home neglect lawyers recognize the failing to follow protocols to minimize the potential spread of infection throughout the facility could place the health and well-being of all residents in grave danger. The deficient practice by the nursing staff at Kindred Nursing and Rehabilitation – Fairpark might be considered negligence or mistreatment because their actions failed to follow the facility’s 08/31/2013 policy titled: Transmission-based Precautions that reads in part:

“Transmission-based precautions are for patients with documented or suspected infection or colonization with highly transmissible or epidemiologically important pathogens for which additional precautions are needed to prevent transmission. Contact precautions are used for patients with known or suspected infections or evidence of syndromes that represent an increased risk of contact transmission including the presence of excessive drainage, fecal incontinence, or other discharges from the body suggesting an increased potential for extensive environmental contamination and risk for transmission.”

KINDRED NURSING AND REHABILITATION – MARYVILLE
1012 Jamestown Way
Maryville, Tennessee 37803
(865) 984-7400

A “For-Profit” 187-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 Programs That Control or Maintain Infections from Spreading throughout the Facility

In a summary statement of deficiencies dated 10/29/2015, a complaint investigation against the facility was opened for its failure to “maintain contact isolation precautions for [a resident at the facility] reviewed for infection control.”

An investigation into the complaint involved a 10/27/2015 2:10 PM observation of a resident “from outside the resident’s room [that] reveal the sign affixed to the door which informed all visitors to report to the nursing station prior to entering the room.” Further observation around the resident’s room revealed “an isolation cart in the hallway outside the room that contained isolation gowns, masks, gloves and shoe covers.”

Even so, observation revealed the Certified Nursing Assistant providing the resident care “and of the resident’s room with a reusable electronic blood pressure monitor and thermometer without washing the hands or donning protective equipment prior to entering the room.” Further observation revealed that Certified Nursing Assistant “checked the resident’s vital signs, make contact with the resident’s hands, clothing and bedding, reposition the resident and exited the room without disinfecting the blood pressure monitor or washing their hands.”

A few minutes later, at 2:20 PM, the state investigator conducted a interview with the Certified Nursing Assistant “outside the resident’s door” where it was revealed that the CNA “was aware that the resident was admitted on contact isolation precautions but the [Certified Nursing Assistant] was not aware of why the resident was on contact isolation and was not aware that the resident was infected with Clostridium difficile [C. diff].”

State investigator then conducted at 2:48 PM 10/27/2015 interview with the facility’s Administrator and Director of Nursing who “confirmed the resident was on contact isolation for Clostridium difficile infection, the staff were to wash hands and Don protective equipment prior to entering the room, to disinfect all reusable equipment, and to wash hands with soap and water prior to exiting the room.” In addition, both parties at the interview “confirmed the facility failed to maintain contact isolation precautions for [that resident that could have been detrimental to other residents at the facility].”

Our Maryville elder abuse attorneys recognize the failing to follow protocols by developing, implementing and enforcing policies that maintain or control infections from spreading throughout the facility could place the health and well-being of all residents in immediate jeopardy. The deficient practice is the nursing staff at Kindred Nursing and Rehabilitation – Maryville might be considered negligence or mistreatment because their actions failed to follow the facility’s 06/01/2015 policy titled: Clostridium Difficile Infection (CDI) that reads in part:

“Provide protective equipment and put on a gown and glove before entering a resident’s room with caring for the patient. Clothing will have direct contact with potentially contaminated surfaces or the patient, don gloves and wash hands using soap and water clothing. Usually soap and water after removal of protective clothing.”

FORT SANDERS SEVIER NURSING HOME
731 Middle Creek Rd
Sevierville, Tennessee 37862
(865) 429-6694

A “not for profit” 54-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 stars rating

Primary Concerns –

Failure to Provide All Necessary Services and Care to Ensure That the Resident Maintains the Highest Well-Being

In a summary statement of deficiencies dated 08/26/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “ensure the resident received optimal services for ensuring the resident’s comfort.”

The deficient practice was noted by state investigator after reviewing a resident’s Significant Change of Status MDS (Minimum Data Set) the revealed that the “resident had long and short-term memory Deficits, and had severe cognitive impairment.” Further review of the documentation revealed that “the resident was dependent for bed mobility, dressing, and bathing, and require the assistance of two persons for these activities.”

The investigator also reviewed the resident process Physician’s Order that revealed: Comfort Care, do not send to the emergency room. No lab draws.” However, there were 06/22/2015 F Results that revealed: “a blood specimen had been drawn from [the resident on this date] for a CBC [complete blood count – for the number of red blood cells and white blood cells].”

The investigator reviewed the resident’s 06/04/2015 Care Plan the revealed that the resident “is on Comfort Care in is at risk for a loss of dignity during the dying process […and] the resident will be supported to promote comfort and dignity throughout the dying process […] no lab draws.”

The resident’s 07/29/2015 Nurse Practitioner’s Progress Note revealed a lab follow-up that indicated “the patient is currently on comfort care. Her labs were drawn this month. I spoke with the nurse. We will change that to where patient is no longer receiving lab draws. I am here to evaluate these. Assess and plan. Comfort Care. I will also be sure that we draw no more labs on this patient.”

The state investigator interviewed the resident’s physician at 9:10 AM on 08/26/2015 who confirmed: “the lab draws had been discontinued to promote the resident’s comfort.” However, an interview a few minutes later 9:15 AM with the facility’s Director of Nursing it was confirmed that “the facility had failed to ensure [the resident of his] comfort was maintained by discontinuing the routine lab draws from the resident’s individual monthly schedule last which resulted in the resident having lab draws twice after the discontinue order.”

Our Sevierville nursing home neglect attorneys recognize the failing to provide every necessary service and follow physician’s orders when providing a resident comfort/out of care could strip away the resident’s dignity during the dying process. The deficient practice of the nursing staff at Fort Sanders Sevier Nursing Home might be considered mistreatment or negligence because their actions failed to follow the facility’s March 2014 policy titled: Paladin/Comfort Care that reads in part:

“Treatment and interventions focus on palliative and supportive measures that improve or maintain the quality of life to the greatest possible extent.”

NEWPORT HEALTH AND REHABILITATION CENTER
135 Generation Drive
Newport, Tennessee 37821
(423) 623-0929

A “For-Profit” 150-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Maintain Communication of Care between the Facility and Hospice That Resulted in the Resident Not Being Bathed

In a summary statement of deficiencies dated 06/24/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “maintain accurate hospice records for [a resident at the facility].”

The deficient practice was noted by state surveyor after reviewing a resident process Medical Record of a Hospice Agency Record that revealed the resident was a hospice patient receiving Hospice services. In addition, the medical record review reviewed that the resident had “no Hospice care plan, no Hospice communications, no Hospice contract or physician’s orders for Hospice in the chart.” The investigator then reviewed the facts sent by the Hospice Provider that revealed: “the resident’s Hospice certification period was from 06/10/2015 through 09/07/2015.”

The investigator conducted a 10:50 AM 06/24/2015 interview with the Certified Nursing Assistant providing the resident care who revealed that they “did not know the resident was in hospice care, stated the agency would come in, she did not know often, get vital signs and give baths.” The investigator asked the Certified Nursing Assistant “how care was coordinated […and] how the CNAs [certified nursing assistants] knew when the hospice nurse gave baths and when it was their responsibility to give the resident baths?” The Certified Nursing Assistant responded, “the basket was documented in the CNA assessment sheet.”

The state investigator reviewed the facility’s CNA Assessment Sheet beginning on 06/12/2015 until the present day of the survey. The documentation “revealed no baths had been given to the resident by the hospice nurse.”

Our Newport nursing home neglect attorneys recognize the failing to follow procedures and protocols when communicating the level of care given by the facility and Hospice could place the health and well-being of the resident in immediate jeopardy. The deficient practice of not bathing the resident for nearly 3 months might be considered negligence or mistreatment of the resident because their actions failed to follow the facility’s December 2005 policy titled: Hospice Care that reads in part:

“When a facility elects to provide hospice care, the facility staff communicates with the hospice agency to establish and agree upon a coordinated Plan of Care that is based on an assessment of the resident’s needs and living situation in the facility.”

“The facility nursing staff knows the name of and how to contact the hospice Registered Nurse. The facility and hospice agency are responsible for performing each of the respective functions that have been agreed upon and included in the Plan of Care.”

RENAISSANCE TERRACE
257 Patton Lane
Harriman, Tennessee 37748
(865) 354-3941

A “For-Profit” 130-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 stars rating

Primary Concerns –

Failure to Ensure That All Services Provided by the Nursing Facility Meets Professional Standards of Quality

In a summary statement of deficiencies dated 09/10/2015, a complaint investigation against the facility was opened for its failure to “follow facility policies for professional conduct [involving a Registered Nurse [employed by the facility.” The complaint investigation involved a Registered Nurse at the facility who was “arrested for DUI while on duty.”

As a part of the investigation, the state surveyor reviewed the facility’s 07/03/2015 Daily Nurse Staffing Form that revealed a Registered Nurse was assigned on the 7:00 AM to 7:00 PM shift and was listed as the nursing supervisor.

On that day, the facility’s Daily Time Detail by Department documentation revealed that the Registered Nurse “clocked in at 1:27 PM and clocked out at 5:44 PM.” However, the Detail Punch with no date revealed that the Registered Nurse “had clocked in by a thumb punch on that day at 7:30 AM.”

Further review of the Daily Time Detail Form indicated that a second Registered Nurse “worked 5.5 hours with no times listed.”

A review of the facility’s 07/06/2015 documentation revealed that the first Registered Nurse “was picked up by the Highway Patrol, failed a field sobriety test due to prescription drugs, and was released the same day.” The second Registered Nurse working that day witnessed the Registered Nurse “talking with two state troopers.” The second Registered Nurse spoke “to one of the troopers” and was told “she [the Registered Nurse Supervisor] acted like she’s under the influence. Said she had prescriptions on her.”

The facility documentation that they also noted that the second Registered Nurse bonded the allegedly drug-impaired Registered Nurse “out of jail and brought the RN back to the facility to complete her shift.” The Administrator was aware of the incident and instructed the Registered Nurse who had been picked up by the Highway Patrol “to inform the facility of the court findings.”

The state surveyor conducting an investigation into the complaint reviewed the 07/03/2015 State of Tennessee Uniform Citation that revealed the Registered Nurse “received a citation for driving under the influence […and that] the defendant was stopped for failure to yield and nearly striking two vehicles.” The officer writing the citation made a notation that upon speaking to the defendant “she had glassy watery eyes and appeared to be confused.” The officer asked the defendant “if she had taken any medication” and she stated she had taken “narcotic pain medication” and also noted that the “field sobriety tests were performed very poorly.”

The state investigator conducted a 4:30 PM 09/09/2015 interview with the facility’s Administrator who confirmed that the Registered Nurse “clocked into work as the Nursing Supervisor at the facility on 07/03/2015 at 7:30 AM.” It was revealed that a third Registered Nurse deleted the allegedly intoxicated Registered Nurse’s thumb punch and that that nurse “was arrested for DUI on 07/03/2015 while clocked into the facility.”

It was revealed during the interview that the Registered Nurse Unit Manager who was also on at the facility on that day “was aware the trooper arrested the RN for DUI [and had] bonded the RN out of jail and allow the RN to return to work [that day] after the RN was released from jail.”

The Administrator also “confirmed the facility failed to ensure the policies and procedures for Substance Abuse, Payroll Time Reporting, and the Employee Handbook were followed after the RN supervisor was arrested for a DUI involving prescription drugs while on duty.”

Our Harriman nursing home neglect attorneys recognize the failing to provide residents services at a professional level of care could place the health and well-being of all residents in jeopardy. The deficient practice of knowingly allowing a drug impaired Registered Nurse to work at the facility might be considered negligence or mistreatment failed to follow the facility’s 06/01/2014 policy titled: Substance Abuse and Alcohol Misuse Prevention and Testing that reads in part:

“[The] company is committed to achieving a safe and helpful work environment, free from drugs. The need to take prescription medication that may impair the ability to perform the essential functions of the job effectively and safely should be discussed with the employee supervisor. All narcotic prescriptions must be discussed. Drug testing will be performed under the following circumstances: Reasonable suspicion, reporting to work or working while impaired.”

When Negligence, Mistreatment or Abuse Becomes a Legal Issue

Serving as your loved one’s advocate, you may have begun to notice many of the subtle signs, symptoms and indicators that your elder live on is being mistreated. The harm to the resident might be the result of a traumatic event of abuse or less conspicuous signs that they are simply being ignored. In many cases, the resident was administered in an incorrect medication dosage and have serious side effects. Other cases involve a parent who was neglected for an entire day or night and left to lie on the floor after falling.

Abuse, neglect and mistreatment of the elderly living in nursing facilities are reprehensible. Typically, the only solution to stop the mistreatment is to hire an aggressive, yet understanding elder abuse attorney in Knoxville who understands comprehensive Tennessee tort laws. Many of the cases handled by our Tennessee elder abuse lawyers involve:

  • Physical abuse
  • Sexual assault
  • Emotional and mental trauma
  • Injury from falling
  • Activity restrictions
  • Facility acquired bedsores
  • Financial exploitation
  • Oppression or isolation
  • Under-medication or over-medication
  • Theft of the resident’s property or money
  • Malnutrition caused by not being fed enough nutritional food
  • Dehydration
  • Wrongful death
Detecting the Signs and Symptoms

Detecting the signs and symptoms of abuse and neglect against the elderly loved one in a nursing facility can be challenging to spot. However, families should remain vigilant and actively participate in the care provided their loved one. The most detectable signs and symptoms of nursing home abuse and neglect involve:

  • Pressure ulcers (bedsores; pressure sores; decubitus ulcers) allowed to advance to a life-threatening condition
  • Incoherent behavior caused by overmedicating or lack of hydration
  • Loss of appetite leading to weight loss
  • Unexplained bruises, lacerations or scrapes
  • New and unusual behaviors including worrying and fear
  • Unsanitary conditions in bedrooms, bathrooms and public areas
  • Burn injury
  • Unusual behavior including frustration, anger or agitation
  • Signs of depression or suicidal ideation (thoughts)
  • Soiled betting and clothing
  • Poor hygiene caused by inadequate bathing
Hiring Legal Representation

Unfortunately, every day elder members living in nursing facilities are mistreated, abused or neglected, where the only solution requires intervention by family members and friends. If you suspect your loved one is the victim of ill-treatment, abuse or negligence, or they have lost their life unexpectedly, you likely have a claim for compensation. The Knoxville nursing home abuse attorneys at Nursing Home Law Center LLC have extensive knowledge in professional litigation and if handled many successful claims for personal injury, nursing home abuse and wrongful death.

If a member of your family has suffered injuries, harm or death, contact our Tennessee elder abuse law firm today at (800) 926-7565. Our aggressive team of attorneys. We accept all personal injury, wrongful death the nursing home abuse cases through contingency fee agreements, meaning we are only paid for our services once we win your case at trial or negotiate an acceptable amount of financial compensation through an out of court settlement. All information you provide our law offices will remain confidential.

For additional information on Tennessee laws and information on nursing homes look here.

Nursing Home Abuse & Neglect Resources

If you are looking for information on a specific facility or an attorney, please see links below to respective locality pages.

Client Reviews
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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