legal resources necessary to hold negligent facilities accountable.
Many families face the undesirable challenging decision of whether to place a loved one in a nursing home to ensure they receive the highest level of care. Unfortunately, for many families, turning over care to a nursing home is the only available option if they want their spouse, parent, grandparent or sibling to improve the quality of their daily living in an environment free of abuse and mistreatment.
Sadly, many nursing home residents are victimized by negligent staff members who receive inadequate training or are hired through bad hiring practices. If a caregiver, employer or another resident injured your loved one in a nursing home, contact the Arkansas Nursing Home Law Center Attorneys for immediate legal representation. Our team of dedicated lawyers has successfully resolved many Garland County nursing home abuse cases and can help your family too. Let us begin working on your case today to ensure you receive monetary compensation and hold those responsible for causing your damages legally accountable.Lakewood Healthcare
This Medicare/Medicaid-participating nursing facility is a "not-for-profit" home providing services to residents of Hot Springs and Garland County, Arkansas. The 80-certified bed long-term care center is located at:
260 Lakepark Drive
Hot Springs, Arkansas, 71901
In addition to providing around-the-clock skilled nursing care, the facility also offers physical, occupational and speech therapies, long-term care, respite care, short-term rehabilitation, and a secure care unit.
Federal agencies and the State of Arkansas have a legal responsibility to monitor every nursing facility. If serious violations are identified, the governments can impose monetary fines or deny payments through Medicare if a resident was harmed or could have been harmed by the deficiency. Typically, the higher the monetary penalty, the more severe the problems that occurred at the nursing home.
Within the last three years, state and federal nursing home regulators have imposed three serious fines against Lakewood Healthcare, including a massive fine for $218,054 on February 10, 2016, a $52,083 fine on February 16, 2017, and a $6500 fine on September 15, 2017. Also, Medicare denied payment for services rendered on February 10, 2016. The nursing home also received fourteen formally filed complaints and self-reported two serious issues that resulted in citations in the last thirty-six months. Additional information about fines and penalties can be found on the Arkansas Adult Protective Services website concerning this nursing home.Hot Springs Arkansas Nursing Home Patients Safety Concerns
Families can visit Medicare.gov and the Arkansas Department of Public Health website to obtain a complete list of all incident inquiries, dangerous hazards, opened investigations, health violations, filed complaints, and safety concerns in nursing homes in local communities. 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.
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 four out of five stars for quality measures. The Garland County neglect attorneys at Nursing Home Law Center have found serious deficiencies, violations and safety issues at Lakewood Healthcare that include:
- Failure to Assist Residents Who Require Total Assistance with Eating/Drinking, Grooming, and Personal and Oral Hygiene
In a summary statement of deficiencies dated April 28, 2017, the state investigators documented that the facility had failed to "ensure urine was cleansed with peri-wipes or soap and water from all areas of incontinent resident's skin after toileting to promote good personal hygiene and prevent odors." The deficient practice by the nursing staff affected one of nine residents "who were incontinent and dependent on staff for incontinent care. The failed practice has the potential to affect thirty-seven residents who were incontinent of bladder."
The investigative team reviewed a resident's annual MDS (Minimum Data Set) with an Assessment Reference Date of March 20, 2017, that showed the resident "required staff supervision/oversight with transfer, toilet use, and personal hygiene, and was incontinent of bowel and bladder." The investigator observed the resident "sitting on the side of her bed attempting to get into her wheelchair" on April 25, 2017. A Certified Nursing Assistant (CNA) "assisted the resident to transfer, then wheeled the resident into the bathroom. The resident used the grab bar on the bathroom wall to stand and pivot to the toilet. The resident pulled her pants and briefed down with the assistance of [the CNA], and sat down on the toilet and urinated. The resident told [the CNA], 'I need a new brief; this one is wet.'" The CNA then "remove the wet brief and pants [that] the resident was wearing and got a new brief and dry pants." The CNA then "put the new brief and pants on the resident, then instructed the resident to stand so she could clean her."
The investigator observed the CNA wiping the resident's perineal area "from front to back, one time, then pulled the brief and pants into place without cleansing the resident's pubic area, buttocks and upper, inner thighs, all of which had been in contact with the wet brief." The investigator interviewed the facility Director of Nursing and asked: "what staff should do when toileting a resident who had on a wet incontinence brief." The Director replied, "I would expect the staff to do peri-care with each incontinent episode, using disposable wipes, peri-wash or soap, and water if needed."
- Failure to Provide Proper Care for Residents Requiring Special Services
In a summary statement of deficiencies dated April 28, 2017, the state investigators documented that the facility had failed to "ensure a tracheal suctioning was provided promptly after a resident's request to ease respiration effort and prevent anxiety and dyspnea [labored or difficult breathing]." The surveyor documented that "this failed practice had the potential to affect one resident who required [specialized] care and tracheal suctioning."
The surveyor reviewed the resident's Interdisciplinary Care Plan revised on March 7, 2017 that showed that the resident "has the potential for difficulty in breathing related to chronic conditions." On February 25, 2017, the surveyor was told by the resident that "he needed to be suctioned. The surveyor immediately informed [a Licensed Practical Nurse (LPN)] of the resident's request. The resident activated his call light after a few minutes an informed [a Certified Nursing Assistant (CNA)], who responded to the call light" ten minutes later "of his request for suctioning. The CNA left the room to inform the nurse of the resident's request."
Five minutes later, the LPN " entered the room and stated [the APN (Advanced Practice Nurse)] was giving me some orders [and that] is why I did not come sooner." The LPN "was asked if she had informed the APN that the resident had requested to be suctioned." The LPN replied, "no, I did not." The surveyor noted that "the resident was breathing without difficulty as the LPN prepared to suction him."
- Failure to Manage a Resident's Pain to Ensure They Maintain Their Highest Well-Being
In a summary statement of deficiencies dated September 15, 2017, the state investigators documented that the facility had failed to "ensure ongoing assessments and monitoring were provided and documented after a fall that resulted in complaints of pain." The surveyor also documented the facility's failure to "ensure the related diagnostic study results were properly communicated to the Physician or Advanced Practice Nurse (APN) to prevent potential delays and treatment." The failed practice "has the potential to affect five residents who had falls in the past two months."
Failure to manage a resident's pain - AR State Inspector
The survey team reviewed a resident's Annual MDS (Minimum Data Set) with an Assessment Reference Date of August 23, 2017. The documentation revealed that the resident requires "extensive assistance with bed mobility and transfers, did not have a steady balance moving from a seated to standing position or surface-to-surface transfers, had no limitation or range of motion of the upper and lower extremities and had no pain and has a history of falls."
A review of the July 30, 2017 Incident/Accident Report revealed that the resident was "found on the floor by the nursing staff with urine on the floor by the bed. The resident stated she slid out of the bed [with] no apparent injuries." However, the resident complains of "left-hand pain. The form documented the Advanced Practice Nurse and the resident's family were notified."
Nursing Notes documentations by a Licensed Practical Nurse (LPN) reveal that the resident "had an unwitnessed fall on July 30, 2017 at 4:00 AM. The resident was found on the floor by the bed with urine on the floor and stated she slid out of the bed. The resident complains of left-hand pain but no visible injuries noted. Vital signs are stable. Will continue to monitor." However, there "was no documentation of any further assessments or monitoring of the resident's hand throughout the remainder of the night shift or any time of the day shift [between] 7:00 AM and 3:00 PM."
That evening at 11:37 PM, the Nurse's Notes revealed that the resident had "discoloration and swelling to the left wrist, painful when touched." The nursing staff notified the Advanced Practice Nurse and received new orders for an x-ray of the left wrist." A review of further documentation shows that the results were faxed to the Advanced Practice Nurse on July 30, 2017. However, there was no documentation to indicate any follow ups with the APN or that the APN reviewed the x-ray results until the following day, at 2:58 PM."
The investigative team interviewed the Advanced Practice Nurse and asked: "when was she notified of the x-ray results?" The APN replied that "she did not address the fracture until July 31, 2017, … when she became aware of it. The APN was asked if she received notifications by fax?" The APN replied, "Yes, but they will call me and let me know that they sent a fax."
- Failure to Provide Every Resident an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent Avoidable Accidents
In a summary statement of deficiencies dated September 15, 2017, the state investigators documented that the facility had failed to "ensure the corridor was free of clutter or obstructions that presented fall hazards to prevent a fall with injury." The deficient practice by the nursing staff involved one resident of four residents "who were independently ambulatory. The failed practice resulted in past non-compliance at a level of actual harm for [one resident] who fell and fractured her patella when attempting to walk down a cluttered corridor." The practice "has the potential to cause more than minimal harm to nine residents were independently ambulatory."
Failure to provide every resident an accident free environment - AR State Inspector
If your loved one was harmed while residing as a patient at Lakewood Healthcare, contact the Arkansas nursing home abuse attorneys at Nursing Home Law Center at (800) 926-7565. Our law firm fights aggressively on behalf of Garland County victims of mistreatment living in long-term facilities including nursing homes in Hot Springs. Allow our seasoned nursing home abuse injury attorneys to file your claim for compensation against every party responsible for causing harm to your loved one. Our years of experience can ensure a successful financial resolution to make sure your family receives the financial recompense they deserve. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a monetary compensation claim. Let us fight aggressively on your behalf to ensure your rights are protected.
We accept every case involving nursing home abuse, wrongful death or personal injury through a contingency fee arrangement. This agreement postpones the need to pay for our legal services until after our team has resolved your claim for compensation through a jury trial award or negotiated settlement out of court. We offer all clients a "No Win/No-Fee" Guarantee. This promise ensures your family will owe us nothing if we cannot obtain compensation to recover your damages.
We can begin working on your case today. All information you share with our law offices will remain confidential. Call now!