Many nursing home residents become the victim of neglect, abuse or mistreatment at the hands of their caregivers in a center that is often understaffed with sufficient employees and trained nurses. If your loved one developed a life-threatening facility-acquired pressure wound or was injured by the staff or another resident, it is important to take immediate and swift legal action to ensure their safety.
Did your loved one wander away (elope) from the nursing home because of a lack of adequate supervision? Were they assaulted by another resident or neglected by the staff? The New Mexico Nursing Home Law Center attorneys can help. Our team of legal attorneys has assisted many Eddy County nursing home victims to ensure they receive financial compensation to recover their monetary damages, and we can help your family too. Contact us today so we can discuss your legal options on how to proceed.
This nursing home is a "not for profit" center providing cares and services to residents of Carlsbad and Eddy County, New Mexico. The Medicare/Medicaid-participating 105-certified bed nursing facility is located at:
1900 Westridge Road
Carlsbad, New Mexico, 88220
(575) 885-8150
In addition to providing 24/7 skilled nursing care, the facility also offers recuperative nursing care, rehabilitative therapy and preventative health services.
State surveyors and federal investigators can penalize nursing homes by denying payment for Medicare services or imposing monetary fines if the facility has been cited for a serious violation of a regulation or rule that harmed or could have harmed residents. Within the last three years, nursing home regulators imposed a large $40,495 fine against Landsun Homes on March 23, 2017.
During that time, Medicare denied payment for services rendered on two occasions including on March 23, 2017, and May 11, 2018. During the last thirty-six months, the Nursing Home received one formally filed complaint concerning substandard care. Additional information concerning fines and penalties can be found on the New Mexico Department of Health Nursing Home Reporting Website about this nursing facility.
The New Mexico nursing home regulatory agency and Medicare.gov routinely update their care home database systems containing the complete lists of all opened investigations, safety concerns, filed complaints, incident inquiries, health violations, and dangerous hazards. This information can be found on numerous websites including The NM Department of Public Health.
According to Medicare, this facility maintains an overall rating of one out of five stars, including two out of five stars concerning health inspections, one out of five stars for staffing issues and two out of five stars for quality measures. The Eddy County neglect attorneys at Nursing Home Law Center have found serious deficiencies, hazardous violations and safety concerns at Landsun Homes that include:
In a summary statement of deficiencies dated March 23, 2017, the state investigator documented the nursing home's failure to protect residents from "physical and verbal abuse." The deficient practice by the nursing staff involved one of thirty-five residents "reviewed for abuse. This failure likely resulted in [the resident] becoming apprehensive, fearful, and reluctant to ask for help."
The state investigating team reviewed the resident's medical records that indicated that the resident was admitted to the facility and experienced "pain in both knees and her back, and required assistance with Activities of Daily Living, and increased assistance for transfers. This nursing assessment also indicates that [the resident] is oriented to person, place, time and situation."
The state investigator interviewed the resident on the morning of March 15, 2017, who stated that "there is a girl at midnight that is mean and impatient with me when she takes her to the toilet. She throws me on the toilet. I do not know her name, but she has purple or red in her hair. I need lots of help because of the awful pain in my back, legs, and knees. It is hard for me to transfer from my wheelchair to the toilet. This girl throws me on the toilet and says, 'why don't you help?'"
The resident stated that "it is hard for me to sit straight up on the toilet. One time she told me she had enough of me and she was going to leave me on the toilet all night and not help me back to the bed. This happens every time that girl works. I dread to know she is working and do not even want to use my call light because I know she will be rough and mean to me."
The resident told the surveyors, "'Why do they have to be so mean? If they don't like this, don't work here. Do you know what it is like to be treated like that? You are embarrassed, get angry, and afraid they are going to pay you back with more attitude. It is awful.' The resident also stated that she had reported the abuse to a girl that worked during the day that is nice to me."
The state surveyor interviewed the facility Social Services Director (SSD) who stated that "she is usually the lead for investigating allegations of abuse. She stated she was unaware of the incidences of staff-to-resident abuse concerning [that resident]."
In a summary statement of deficiencies dated March 23, 2017, the state investigator documented that the nursing home failed to "report incidents of abuse, neglect, misappropriation of property or injuries of unknown origin to the State survey agency within twenty-four hours of the next business day." It was also documented that the facility had failed to "submit investigations of incidents within five working days of the incident to the State survey agency for seven [residents] reviewed for abuse prohibition. If the facility does not report and investigate allegations/incidents, they are likely unable to protect residents from further harm."
The investigator documented that a resident reported to the facility "that $50 was taken from her room on June 3, 2016. This allegation of misappropriation was not reported to the State survey agency until June 16, 2016." Another resident "reported [their] watch missing on January 18, 2017. There was no documentation to indicate an incident report or five-day followup was submitted to the State survey agency."
In another incident involving "bruising was discovered on [a resident's] right hip and left elbow on January 13, 2017. This injury of unknown origin was not reported to the State survey agency until [five days later]." Another incident involving a resident who "alleged a Certified Nursing Assistant had abused her on November 15, 2016. This allegation of abuse was not reported to the State survey agency until November 18, 2016."
A resident "was found on the floor complaining of left hip pain on June 15, 2016. This injury required hospitalization for five days. This injury of unknown origin was not reported to the State survey agency until [five days later]." On March 16, 2017, at 10:00 AM, during an interview with the Social Services Director, it was revealed that "reporting/investigative responsibilities have been shared between different staff members the last nine months. The Social Services Director reviewed the incidents and confirmed they had not been reported or investigated according to the regulation."
In a summary statement of deficiencies dated May 11, 2018, the state investigators determined during an annual recertification survey that the random hot water temperatures checked using digital thermometers were outside the acceptable range.
The surveyors noted that "water temperatures, in resident's bathrooms, and the 100, 300 and 500 Halls range between 120°F the 135°F. Interviews with staff confirmed that the water temperatures tended to be hot, although no residents have been burned. These temperatures are above the safe bathing/handwashing temperatures of 100 to 110°F and have the potential to cause serious burns. This deficient practice resulted in Immediate Jeopardy (IJ) being identified."
To have the Immediate Jeopardy removed, the facility along with the Health Services Coordinator and Administrator developed an initial plan of removal and submitted to the proper authorities. However, the plan was rejected in just over an hour. As a result, the facility submitted a second plan of removal at 1:45 PM that afternoon, which was also rejected in approximately one hour. The third plan of removal of the Immediate Jeopardy was submitted at 3:47 PM that afternoon and accepted. The plan of removal of the Immediate Jeopardy involved:
"The Physical Plant Director assigned Maintenance Engineers to shut off the hot water supply to the rooms above regulation temperatures (105 - 150°F). Rooms to be included: 101, 108, 109, 110, 111, 304, 306, 308, 504 and 505. Out of order signs were placed on the sinks in the specified rooms."
"Documentation will show training on checking water temperature before showers and in room sinks. Staff instructed to discontinue hot water use immediately and place out of order notification on sink or shower. Notices will be issued to Physical Plant Director, Director of Nursing or on-call administration if temperatures go over 115°F."
"The Director of Nursing assigned nursing staff on duty… to perform head to toe skin assessments on all seventy residents in the building. Assessments were completed and documented. There was no altered skin integrity noted in relation to high water temperatures."
"The staff is instructed to check and document water temperatures hourly throughout the night in each resident's room [between 10:00 PM and 9:00 AM]."
In addition to having the Immediate Jeopardy removed, the Physical Plant Director will use an outside consultant "to check the availability of necessary parts to replace mixing valve (that blends hot water with cold water to ensure constant, safe shower and bath outlet temperatures)." The consultant "will find said parts and contact the Physical Plant Director." The procedures to replace the mixing valves will "take a few hours, and hot water temperatures will be corrected."
The state investigators documented that based on observation, interview and record review, "the facility failed to ensure that the facility was free from accident hazards by not ensuring the water temperatures were within a safe range, for all seventy residents."
In a summary statement of deficiencies dated May 11, 2018, the state survey team documented the nursing home's failure to "determine the cause of repeated urinary tract infections" for residents "reviewed for UTI. If the facility failed to assess the cause of repeated UTIs, residents can become severely ill and not reach their highest physical or psychosocial well-being. This deficient practice likely caused a hospitalization due to a urinary tract infection for [a resident]."
The state investigator reviewed a resident's History and Physical (H & P) dated February 14, 2018, when the resident was taken to a hospital and seen "in the emergency room." The report said the resident was "found to have an acutely high fever 104.1 and [required a ventilation machine that maintains oxygen saturations]. The patient was found to have what appears to be a significant urinary tract infection and toxic metabolic [a medical condition where the functioning of the brain is affected by some agent or condition including infection or toxins and the blood]."
The treating hospital found that their patient (the resident) tested positive for ESBL (extended-spectrum beta-lactamase), a certain strain of bacteria that is known to be highly resistant "to treatments with commonly used antibiotics" including cephalosporins (a class of antibiotic).
If your loved one is suffering from abuse, neglect or mistreatment while residing at Landsun Homes, the New Mexico nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565 can help. Our network of attorneys fights aggressively on behalf of Eddy County victims of mistreatment living in long-term facilities including nursing homes in Carlsbad. Let our skilled attorneys file and handle your nursing home abuse compensation claim against all those who caused your loved one harm. Our years of experience ensure a successful resolution.
Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial 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 agreement. This arrangement postpones making upfront payments for our legal services until after we have successfully resolved your compensation claim through a negotiated settlement or jury trial award. We provide all clients a "No Win/No-Fee" Guarantee, meaning you owe us nothing if we are unable to obtain compensation on your behalf. Let our network of attorneys start working on your case today to ensure your family receives the financial compensation they deserve for your harm. All information you share with our law offices will remain confidential.
Sources:
Carl R. Wilander, Esq.
Licensed in New Mexico
Chicago Nursing Home Injury Attorney Nursing Home Law Center LLC Home