legal resources necessary to hold negligent facilities accountable.
Lake Park Nursing And Rehabilitation Center (SFF) Abuse and Neglect Lawyers
The Centers for Medicare and Medicaid Services (CMS) and the state of North Carolina conduct routine investigations and surveys of every nursing facility statewide. These inspections help to identify serious problems including nursing home violations, safety hazards, and deficiencies at harm or could harm residents. When problems are detected, the facility must make significant improvements of the level of care they provide and revise faulty policies and procedures.
In some cases, the deficiencies at the nursing home are so problematic, that surveyors designate the Center as a Special Focus Facility (SFF). Along with the designation, the nursing home is added to the national Medicare watch list and must undergo numerous additional surveys every year. If changes are not made promptly, the nursing home might face serious financial penalties including monetary fines or loss of their ability to provide care to Medicaid and Medicare-funded patients.
Approximately two years ago, state and federal nursing home regulators designated Lake Park Nursing and Rehabilitation Center as a Special Focus Facility. Likely, the nursing home will remain on the watch list for many years until surveyors and investigators are convinced that the changes and improvements made at the facility are permanent. Some major concerns involving safety hazards, violations and deficiencies at this facility are listed below.Lake Park Nursing And Rehabilitation Center
This facility is a ‘for profit’ 120-certified bed Long-Term Care Center providing cares and services to residents of Indian Trail and Union County, North Carolina. The Home is located at:
3315 Faith Church Road
Indian Trail, NC 28079
In addition to providing around-the-clock skilled nursing care, the facility also offers:
- Adaptable rehabilitation care
- Physical, speech, and occupational therapies
- Long-term care
The Federal CMS and the state of North Carolina have the legal authority to levy monetary penalties against any nursing facility statewide identified as having serious violations and major deficiencies. These fines are imposed in the hope of fixing the problems quickly to ensure the health and well-being of every resident are safeguarded.
Over the last three years, Lake Park Nursing and Rehabilitation Center received four issued monetary penalties including a $132,600 fine on 01/15/2016, a $277,052 fine on 11/02/2016, a $28,603 fine on 03/10/2017, and a $1,626 fine on 03/10/2017. During the same time, Medicare denied the facility their request for payment on two separate occasions including one on January 15, 2016, and another on March 10, 2017, due to substandard care. The State Agency also received 47 formally filed complaints that after investigations resulted in citations.Current Nursing Home Resident Safety Concerns
Families can visit the Medicare.gov website to download a complete list of all dangerous hazards, filed complaints, safety concerns, health violations, opened investigations, and incident inquiries in nursing homes nationwide. 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.
Currently, Lake Park Nursing And Rehabilitation Center maintains an overall one out of five stars compared to all nursing homes in the United States. This ranking includes one out of five stars for health inspections, four out of five stars for staffing issues, and one out of five stars for quality measures. Some major concerns involving this facility include:
- Failure to Immediately Notify the Resident’s Doctor or Family Member of a Change in the Resident’s Condition
- Failure to Develop, Implement and Enforce Policies and Mistreatment or Neglect of Residents
- Failure to Ensure Residents Receive Proper Services to Prevent Urinary Tract Infections and Restore Normal Bladder Function
- Failure to Provide Care That Keeps or Builds a Resident’s Dignity and Respect of Individuality
- Failure to Ensure the Nursing Home Is Free from Accident Hazards
- Failure to Ensure There Were Adequate Staff Members at the Facility to Maximize the Resident’s Well-Being
- Failure to Ensure Resident Nurses on Duty At Least Eight Hours Every Day Seven Days a Week
- Failure to Ensure the Services Provided by the Nursing Facility Meet Professional Standards of Quality
In a summary statement of deficiencies dated March 10, 2016, the state investigator noted the facility’s failure to “notify the responsible family member” of a change in the physician’s orders. The state investigator’s findings included a review of the resident’s Minimum Data Set (MDS) indicating that the resident “demonstrated verbal behaviors directed toward others and received anti-psychotic and antidepressant medications.”
There was a change in the resident’s medication ordered by the physician over the telephone that was received by the Director Nursing. However, during an interview with the resident’s responsible family member, it was revealed that “she did not receive notification of the new order” and that the resident “appeared sleepy during her daily visits.” Because of that, the responsible family member asked a Medication Aide “to show her [the resident’s Medication Administration Record.” It was then that the family member reported she discovered that there was a change in the order “when she looked at the Medication Administration Record.”
As the one in charge of the resident’s health, the responsible family member “explained she did not want [the resident] to receive medication, and it was discontinued. The surveyor interviewed the resident’s physician who revealed that “he expected facility staff to notify family members of new medication orders.”
In a summary statement of deficiencies dated March 30, 2017, the state investigator noted the facility “neglected to feed and provide incontinence care for dependent residents.” One incident involved the review of a resident’s Meal Percentage Intake Record that “revealed there was no documentation made on March 26, 2017, for [the resident].”
During an interview with a Nursing Aide over the telephone, it was revealed that on the evening shift of March 26, 2017, “the facility only had three Nurse’s Aides on the medical unit because of a shortage and usually the medical unit had four Nurse’s Aides. He added that during the evening meal, [one Nurse’s Aide] was in the dining room assisting residents, which left him [and another Nurse’s Aide] to monitor about 30 residents, answer a call light, pass meal trays, and feed dependent residents.”
It was on that night when he entered the resident’s room “to deliver meal tray when he found the roommate on the floor bleeding.” The Nurse’s Aide stated that “he called for help and assisted the nurse with caring for the fall resident because she was injured.” Because he was in helping the fallen resident,” he was unable to feed [the other resident] because he was assisting” with the incident. The Nurse’s Aide “added that due to the time it took attending to the following resident, trays became very late and some of them had to be returned to the kitchen and were not offered to residents.”
In a summary statement of deficiencies dated May 3, 2017, the state surveyor noted the facility failed to “respond to her urinalysis and culture that was positive for two microorganisms.” The incident involved a resident with “an indwelling catheter and a stage IV pressure ulcer” whose family was concerned that there were problems. A review of the laboratory results for the resident dated March 25, 2017, involving a urinalysis identified the resident had two growing organisms including Escherichia coli (E. coli) which was extended-spectrum beta-lactamase (ESBL) and Pseudomonas A.
The state investigator interviewed the Nurse Practitioner who stated that the resident’s “family was concerned because they felt like his urine was cloudy and wanted a urinalysis done. The Nurse Practitioner stated that [the resident] had a chronic indwelling catheter due to a Stage IV wound and he was colonized and generally his urinalysis came back positive.”
A nurse providing the resident care stated during an interview that “the lab report was present in the Electronic Medical Record, but no one followed up on until the family asked me to.” An interview with the Interim Director of Nursing revealed that she “was not sure what happened with this laboratory report because she was not at the facility at the time.” The Director stated that she expected “that all laboratory specimens were collected and taken to the laboratory for processing, assuming the results were available, the physician and family [would be] immediately notified.”
In a summary statement of deficiencies dated March 30, 2017, the state surveyor identified a deficiency. The surveyor noted the facility had failed to “maintain the dignity of [one resident] sampled for dignity when the staff failed to change [the resident] timely when family informed the staff he was soiled and needed assistance, resulting in him being fed by family [while] soiled.” This incident involved a resident “coded as requiring the total assistance of one staff for eating and extensive assistance of two staff for toileting.”
The surveyor interviewed the resident’s responsible party on the morning at March 29, 2017, who “stated he came several times a week to feed [the resident]. He stated he felt the staff or working short and gave an example of finding [the resident] lying in the soap bed which included the top sheet on March 18, 2017.” The resident’s responsible party also stated that “he found a clean sheet in the room to replace the soiled one [and] told the staff at this time about [how the resident] needed to be changed. The Nurse Aide “stated she would return after she passed trace and fed other residents.”
While the resident’s responsible party asked that the resident be changed at 11:40 AM, the resident’s “tray arrived at 12:15 PM. The responsible party fed the resident “his lunch [and] stated the nurse aide did not return to change [the resident] until 2:00 PM.”
In a summary statement of deficiencies dated March 30, 2017, the state investigator noted that the facility failed “to provide adequate supervision for a resident with a history of falls. The resident fell out of bed and was injured. The resident went to the Emergency Department.” The surveyor noted that the facility “also failed to ensure fall precautions were in place for [two other residents].”
In a summary statement of deficiencies dated March 30, 2017, the state surveyor noted the facility’s failure “to have sufficient quantity of staff to monitor a resident for a risk of falls.” The resident “fell and was injured.” It was also documented that the facility had failed “to have sufficient quantity staff to ensure dependent residents were fed and provided incontinence care.” The facility also “failed to have a sufficient quantity of staff to have a Register Nurse function full-time as a Director of Nursing.”
In a summary statement of deficiencies dated March 30, 2017, investigators documented at the facility failed “to have a full-time Registered Nurse function as a full-time Director of Nursing” as required by federal regulation.
In a summary statement of deficiencies dated March 30, 2017, the state investigator noted the facility’s failure “to follow physician’s orders” involving a resident “reviewed for unnecessary medications.” The incident involved the review of a resident’s Care Plan dated December 20, 2016, that revealed “he was Care Plan for hospice care and services. The Care Plan stated he was under hospice care due to disease processes…, dementia and malnutrition.”
The resident’s Care Plan had a goal that “was for the resident to not experience pain without appropriate nursing intervention. The interventions include a diet as ordered, encourage and assist with good oral hygiene, encourage fluids as tolerated, encourage resident to participate in activities of daily living (ADL) as tolerance levels allow.” The Care Plan also stated to “notify the physician of significant changes, provide supportive, private environment for resident and family to turn reposition frequently.”
However, the state investigator reviewed the resident’s Progress Notes written on March 20, 2017, at 12:43 AM; there was no medication patch found on the resident’s body. At that time, “a new patch [was] applied to the upper back between the shoulders.” A review of the resident’s Narcotic Sheet revealed that “there was no patch signed on are March 19, 2017, as indicated that it was given on the MAR. However, there were two patches assigned out of two different boxes and applied on two different areas on the body, one on the back of one to the left arm.”
The state investigator interviewed the resident’s family member March 29, 2017, who revealed “she had moved the resident to another facility on March 27, 2017. The family member stated she was concerned [the resident] was being overmedicated. She stated on March 23, 2017, when she visited him, she discovered he had two [patches] on his body. The family member stated the patches were dated with two different dates, but she could not recall what the dates were.”
The resident’s family member stated “one patch was on his back and not visible from the front and one patch was on his chest. The family member stated [the resident] was groggy but aroused.” The surveyor interviewed a nurse providing care to the resident before the resident was transferred to another facility. This nurse stated that they had “removed the older patch [but] left the patch from March 20, 2017, on the resident [and] stated the resident was no more drowsy than usual, and there were no negative outcomes to the resident from the two patches.”
The surveyor interviewed the facility’s Director of Nursing on the afternoon of March 30, 2017, who revealed that “her expectation was for the nurses and medication aides to administer medications as ordered by the physician.” The Director stated that “with patches, to remove the old and destroyed [before] the application of the new patch.”
If you believe your loved one was mistreated, neglected or abused as a patient at Lake Park Nursing And Rehabilitation Center, or any nursing facility, contacting a personal injury attorney can help. A lawyer working on your behalf can handle your entire case from filing the claim and investigating the incident to resolving the lawsuit at trial or through a negotiated out of court settlement.
You never need to make any upfront payment for legal services because personal injury law firms accept all nursing home neglect cases through contingency fee agreements. This arrangement means the fees are paid only after the lawyers have successfully resolved your claim to ensure your family receives the financial compensation they deserve to recover your damages.