Las Vegas Nursing Home Abuse Lawyer
When families are no longer able to provide the level of care their loved one requires, they expect nursing homes to provide the same nurturing attention the parent, grandparent or spouse was offered at home. In addition, the family trusts that their loved one is given the compassion, respect and dignity they deserve. However, the Las Vegas nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have witnessed horrific reports and handled many cases of nursing home abuse and neglect caused by the care providers the families trusted.
The overall population throughout the Southwest United States is becoming demographically less diverse as many members of the baby booming generation entered their retirement years. This is especially true in the Las Vegas area that has witnessed an explosion in the numbers of elderly citizens requiring nursing home and assisted living care. Many nursing homes have become unable to provide an acceptable level of care due to overcrowding and lack of train staff to ensure that all the health and hygiene needs of the resident are being met.
Of the more than 600,000 residents living within the Las Vegas city limits, at least 75,000 are 65 years and older. This number is expected to grow in the years ahead. This is because Nevada has become a desirable retirement destination where a disproportionate number of elderly residents are moving into the area. However, the significant increase has also risen the number of cases involving neglect and abuse and elder care facilities.Las Vegas Nursing Home Resident Health Concerns
Reports by the National Center on Elder Abuse (NCEA) reveal that more than nine out of every 10 nursing facilities nationwide have inadequate staffing and are unable to deliver the appropriate levels of care to every resident. In addition, one out of every three nursing facilities has at some point employed staff who have violated nursing home laws concerning elder abuse. These statistics also reveal that nursing home residents 80 years and older are twice to three times more likely to be a victim of abuse compared to younger nursing home residents.
To assist families in determining an ideal location to place a loved one who requires care, our Nevada elder abuse lawyers continuously review, assess and evaluate publicly available information from national databases including Medicare.gov. These cases involve file complaints, opened investigations, safety concerns and health violations at nursing facilities all throughout the state.Comparing Las Vegas Area Nursing Facilities
The detailed list below outlines many of the nursing facilities throughout the Las Vegas area that currently maintain average to below average ratings compared other facilities in the United States. In addition, our lawyers have posted our primary concerns of these facilities by publishing specific cases involving state surveyors and inspectors investigating cases involving unsanitary conditions, facility acquired bedsores, falling incidences resulting in injury, the spread of infection and other serious concerns.
LAS VEGAS POST ACUTE and REHABILITATION Center
2832 S. Maryland Parkway
Las Vegas, Nevada 89109
A “For-Profit” 79-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Provide Adequate Treatment and Services to a Resident Suffering with Adjustment to Psychosocial or Mental Problems
In a summary statement of deficiencies dated 08/07/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “appropriately treat a resident who was manifesting inappropriate and homicidal behaviors.”
The notation of the facility’s failure involved a pediatric resident residing in the pediatric unit at Las Vegas Post-Acute and Rehabilitation Center who was “seen by a psychiatrist on 03/03/2015 for medication reconciliation.”
During that appointment, “the resident’s medications were adjusted and return appointment was made for 03/31/2015. There is no documented evidence the psychiatric follow-up appointment for 03/31/2015 was conducted or rescheduled.”
The deficient practice was noted by the state investigator after a 03/15/2015 review of a resident’s progress Notes that were “signed by nursing staff” documenting that the “resident stated anger that his dad had not called or visited and that he will have his Social Worker find him a replacement home and when she does, that he will leave, get gasoline and burn down his apartment with him in it and his girlfriend.”
The records also review that “he said he wants both dead. Schedule and emergency appointment with the [resident’s doctor in the morning] secondary to homicidal ideations and threatening behavior.
However, in spite of these notations and concerned by the nursing staff, there was no documented evidence [that] the emergency appointment was made or that the physician order [was followed].”
The facility’s Director of Nursing stated in the afternoon of 07/22/2015 that “she was not aware of the emergency appointment was made on 03/15/2015 for homicidal ideations and threatening behavior” and was “not aware if the follow-up appointment with the psychiatrist for 03/31/2015 was made.” In addition, the Director of Nursing “was not aware of the resident had been seeing a Social Worker, Nurse Practitioner or a Psychiatrist when going to weekly meetings [… Indicating that another employee at the facility] was supposed to handle the pediatric appointments.”
Two days later on 07/24/2015 the employee in charge of handling pediatric appointments “indicated the resident did not go to the emergency psychiatric appointment but was sent to counseling sessions where he was treated for [his medical condition]. The employee indicated she did not know what had occurred after the resident was sent to the weekly counseling appointments.”
Later that same afternoon, the Director of Nursing indicated that the resident “had no documented IDT [interdisciplinary team] meetings to discuss what had occurred with the weekly counseling sessions regarding inappropriate behaviors or family dynamics.”
The following week on 07/21/2015 the employee in charge of handling pediatric appointments and the facility’s LPN (Licensed Practical Nurse) “indicated the resident would go to counseling sessions for his behavior every week.” However, “there was no documented evidence communication was performed between the weekly counseling session and the facility. There was no information regarding the resident’s homicidal ideations [or their threat to kill the staff] or inappropriate behaviors were communicated with counseling center for discussion during the weekly therapy sessions.”
The following day on 07/22/2015, the Director of Nursing “indicated she was not aware [that the resident] was having homicidal ideations and aggressive behaviors […and indicated she was] not informed regarding the behaviors documented in the nursing notes for May, June and July 2015.” The Director of Nursing also indicated that she “was not aware if the individuals involved with the counseling therapy sessions were aware of the behaviors documented by the nurses.”
An interview conducted on the morning of 07/24/2015 with the SFSS (Senior Family Services Specialist) for the indicated that the previous Social Worker was the “Director of Pediatrics for the facility. It was the Senior Family Services Specialist that “indicated that the Pediatric Director representing the facility was involved in monthly meetings regarding [the resident’ is] behavioral treatments and goals […and] the meeting would be conducted with team members such as a Therapist, Psychiatrist, and Social Worker.”
The SFSS indicated that it was that employee who “had misled the team during the monthly meetings by reporting that no inappropriate behaviors had been occurring.” The Senior Family Services Specialist also indicated that she thought that the Pediatric Director “had been returning the information back to the facility regarding counseling session communication.
In an interview with the facility’s administrator and Director of nursing in the afternoon of 07/22/2015 revealed that the “Administrator could not elaborate on what [The Director for Pediatrics] title was but indicated she worked with the children in the pediatric unit.” The Director of Nursing indicated “she was not aware of [what the employee’s title was, but] thought she was the assistant to the Social Worker, discharge planner or staff member who escorted the pediatric residents to their appointments […and] was not aware if the employee was giving information to the counseling center regarding the resident’s recent behavior the facility.”
The state investigator reviewed that employee’s employee file that revealed that “the employee was hired as a receptionist on 04/01/2014 […and] was also assisting social services regarding discharges.”
Our Las Vegas nursing home neglect lawyers recognize the failing to follow procedures and protocols when providing care to residents attempting to adjust to psychosocial or mental issues could place the safety and well-being of that resident and all residents in jeopardy. The deficient practice by the administration and nursing staff at Las Vegas Post-Acute and Rehabilitation Center might be considered mistreatment or negligence because their failures have the potential of causing serious injury to other residents and employees at the facility.
TORREY PINES POST ACUTE AND REHABILITATION Center
1701 S. Torrey Pines Drive
Las Vegas, Nevada 89146
A “For-Profit” 95-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Ensure That Residents with Reduced Range of Motion Receives Proper Treatment and Services to Increase the Range of Motion
In a summary statement of deficiencies dated 05/29/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “provide Restorative Nurse Assistant (RNA) treatment and services to increase range of motion (ROM) and or to prevent further decrease in range of motion.” In this case, the deficient practice the nursing staff at Torrey Pines Post-Acute and Rehabilitation Center affected one resident at the facility.”
The deficient practice was noted after state investigator reviewed a resident’s physical therapy recommendations dated 4:01 PM on 05/04/2015 documenting that the patient “to benefit from RNA [Restorative Nurse Assistant] six times per week, up to 90 days; treatment to include: Bilateral lower extremity range of motion/strengthening in available range to perform surface to surface transfers with decreased caregiver assistance.”
The recommendations also included “transfer from service to service with moderate assistance to increase participation in the activity of choice […and] sit to stand with a front-wheel walker. The resident’s medical record lacked documented evidence the resident received RNA treatment per the Physical Therapist recommendation.
At 2:30 PM on 05/26/2015, the facility’s Restorative Nurse Assistant “confirm the findings and verbalize the Director of Physical Therapy Services instructed the RNA to start the treatment on 05/22/2015 […and] indicated the treatment was not started yet because they were busy.”
Moments later, “the Director of PT services revealed that the Director of Nursing and RNA would receive a copy of the PT recommendation for RNA treatment and services […and that] the Director of PT services would flag the original copy of the recommendation in the resident’s chart for the physician’s signature.
The Licensed Practical Nurse interviewed by the state investigator “acknowledged the resident should have received the treatment and services the following day the PT recommended RNA.”
Our Las Vegas nursing home neglect lawyers recognize that failing to ensure that residents suffering from a reduced range of motion receive adequate services and treatment to increase their range of motion could be detrimental to their health and well-being. The deficient practices by the nursing staff at Torrey Pines Post-Acute and Rehabilitation Center might be considered negligence or mistreatment.
ADVANCED HEALTH CARE OF SUMMERLIN
2860 N Tenaya Way
Las Vegas, Nevada 89128
A “For-Profit” 38-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Develop Policies to Ensure That Residents Are Provided an Environment Free of Mistreatment, Neglect or Abuse
In a summary statement of deficiencies dated 06/18/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “ensure abuse policies and procedures were operationalized and implemented in a manner to prevent occurrences.”
The deficient practice was noted after state surveyor reviewed a resident’s medical records that revealed that “on 05/23/2015 at 7:00 PM, [the resident’s] daughter reported to the facility that a big man came into the room and said he was going to rape her early in the morning.”
A clinical note that was documented 20 minutes in the resident’s records later indicated that “the resident stated a man came to the room and took my bed clothes off and said I’m going to clean you up now. Resident responded to the man and said to leave her alone and stated the man told her to be still, ‘I’m going to rape you’. The clinical record documented the resident screamed loudly and two nurses entered the room and found the resident lying in bed covered up. The resident informed the staff she did not want a male caregiver. The nurse assigned a female caregiver immediately.”
Further Clinical Record Documentation’s on 06/06/2015 note that “a mental status exam and inquiry about the allegations of threat to rape. The patient stated I don’t think so.” 11 days later in the afternoon of 06/17/2015 the resident “verbalized during a resident interview the staff member entered the room, did not explain the process and just started taking [the resident’s] clothes off.”
The resident further “explained the person works at the facility but was no longer a problem […and that the resident] wanted female caregivers and male caregivers did not say anything and it made her feel bad.” The resident also “explained there was no fear with this caregiver or anyone else at the facility at the time […and] didn’t know the process and at the time the staff did not explain it to her.”
Later in the afternoon of 07/17/2015, “the Abuse Coordinator confirmed a self-report for allegations of threats of sexual abuse regarding [the resident] were not turned into the Division of Public and Behavioral Health. The Abuse Coordinator indicated that notification of the Division of Public and Behavioral Health would be made only if the facility was pretty sure the event occurred.”
The Abuse Coordinator also “explained that during the investigation process, other residents were not spoken to about the alleged perpetrator as the facility would not want to alarm other residents […and] the facility did not have evidence of a plan of protection of other residents while the allegation of abuse was investigated.”
Our Las Vegas nursing home sexual abuse attorneys recognize that failing to develop, implement and enforce policies ensuring that residents are provided protection against abuse and mistreatment could place the health and well-being of all residents in jeopardy. The deficient practice by the nursing staff and Administrator at Advanced Health Care of Summerlin might be considered additional abuse, mistreatment or neglect. The deficient practice also failed to follow the facility’s policy titled: Abuse Mistreatment Neglect and Exploitation that reads in part:
“The person observing an incident of patient abuse or suspecting patient abuse must immediately ensure patient safety then immediately report such incidents to the Charge Nurse. The Supervisor and or Charge Nurse will then contact the Administrator or Director of Nursing [… who will] then ensure the safety of the patient, begin the investigation and report the information to the Public Department of Health and Welfare, family, M.D. and other appropriate agency. The abuse policy did not include specific time frames for notification to the Division of Public and Behavioral Health.”
THE HEIGHTS OF SUMMERLIN
10550 Park Run Drive
Las Vegas, Nevada 89144
A “For-Profit” 190-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Administer Medications to Residents According to Policies, Procedures, Protocols and Physician’s Orders
In a summary statement of deficiencies dated 05/19/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “ensure pain medications were administered in a timely manner […and] and that there was a facility failure “to ensure medications were administered per physician’s orders.” This deficient practices by the nursing staff at The Heights of Summerlin affected one resident at the facility.
The deficient practice was noted by the state investigator involving an 8:10 AM 04/28/2015 incident where a resident “was crying, screaming and asking for help. The Registered Nurse (RN) on duty explain the resident was crying and screaming due to right lower extremity where the resident recently had a BKA [below the knee amputation].” The Registered Nurse on duty also “indicate the resident was admitted during the night and the medications had not been delivered by the pharmacy […and] verbalized the resident had complained of pain since 7:00 AM [for more than an hour].”
Thirty-two minutes later at 8:42 AM, “the resident continued to cry and asked for pain medication [… explaining] the pain was 10/10 [using a scale to assess intensity and severity of the pain]. The resident could not recall when the last pain medication was administered.” The state investigator reviewed the resident’s clinical record that documented physician’s orders and revealed that the resident was to receive medication at “two milligrams by mouth every four hours as needed and other medications by mouth every four hours as needed. In addition, a pain medication patch was to “be applied every three days. And a code from a pharmacy was needed to obtain the medications from the emergency kit (E-Kit).” The Registered Nurse on duty also “indicated there was an issue with the medication scripts and why the code to access the E-Kit could not be obtained.”
Six minutes later at 8:48 AM, the Registered Nurse administered two tablets of a pain medication to the resident. However, by 4:40 PM the same day, the Registered Nurse indicates in the resident’s MAR (Medication Administration Record) that “the medication was not available in the morning was delivered at 1:00 PM by the pharmacy […and] could not explain why at the time the [medication was administered], the patch was still not administered.” The Registered Nurse also verbalized that “the administration of the medication had to be re-scheduled but she did not know the procedure.”
The state investigator conducted a 4:15 PM interview the following day (04/29/2015) with the facility’s Director of Nursing who “explained each nursing station had an E-Kit with medications including pain medications […and] nurses must call the pharmacy to obtain a code in order to obtain a medication from the E-Kit.” That said, the Director of Nursing “verbalized the pain medication was not available and unable to be administered, the Attending Physician should be notified […and] if a resident had a scheduled pain medication that was not available, the medication had to be administered immediately after being available.”
Our Las Vegas nursing home neglect lawyers recognize that failing to provide pain medication to a resident who recently had a below the knee amputation could cause excruciating pain to the detriment of their health and well-being. The deficient practice of the nursing staff at The Heights of Summerlin might be considered negligence or mistreatment because their actions failed to follow the facility’s 08/31/2014 policy title: Pain Management that reads in part:
“The License Nurse will notify the physician of pain assessment findings and obtain order (ask) for pharmacological interventions if indicated.… The licensed nurse shall administer pain medication as ordered and document on the [resident’s] MAR (Medication Administration Record).”
Nearly all family members want to serve as a legal advocate or responsible party for their loved one residing in a nursing facility in Nevada. To be effective as an advocate for a loved one, it is essential to understand their rights according to state and federal laws. In fact, every resident has:
- The Right to Be Fully Informed – By law, every resident being admitted to a Nevada nursing home must be informed of the facility’s procedures, policies and protocols.
- The Right to Make Choices – The nursing home resident has a legal right to be allowed to make choices concerning their pharmacy, medications, physician and level of treatment.
- The Right to Confidentiality – Every nursing home resident has the right to confidentiality of their decisions, personal medical records, medication/treatment choices and those who are given the right to access to review or monitor those records.
- The Right to Participate – Every resident must be afforded the opportunity to participate in their own Plan of Care and level of medical treatment including the right of refusing treatment for any or no reason at all.
- The Right to Voice a Grievance – Every resident must be given the right to voice their grievance against anyone at the facility without fear or intimidation of retaliation.
- The Right to Be Social – Every resident has the right to participate in organized groups or events in the nursing facility and participate in community activities that could include community, religious or social activities.
- The Right to Dignity, Privacy and Respect – Every resident must be afforded the right to be treated with dignity and respect, including their right to privacy in receiving care and treatment for their personal requirements.
- The Rights to Have Visitors – The resident has the right at any time to receive or refuse a visitor including other residents in the facility. In this includes the confidentiality of all communication, discussions or statements exchanged during the visitation.
- The Right to Remain a Resident of the Nursing Facility – If the resident has asked to leave the nursing facility, they must be provided a formal notification within a specific timeframe and can only be dismissed or told to leave the facility if lives of others or their life is at risk.
Unfortunately, even though state and federal government rules and regulations are regularly enforced, abuse and neglect occurring in nursing facilities still happens. If the quality of care provided a loved one is in question, it is crucial to take immediate action and contact a reputable nursing home neglect attorney to quickly investigate and gather evidence involved in the incident, event or concern.Hiring an Attorney
If you suspect your loved one has suffered injury, harm or damage while residing in a nursing facility. It is essential to contact the Las Vegas nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC. Our team of dedicated elder abuse lawyers have represented many victims throughout will Nevada including Clark County. We have participated as successful advocates for clients in Las Vegas, Paradise, Henderson, Enterprise, Corn Creek, Mountain Springs, Good Springs, Searchlight, Sandy Valley, Cold Creek, Desert View Point, Nelson, Boulder City, Laughlin, Bullhead City and Fort Mohave.
We urge you to contact our Nevada elder abuse law office today at (800) 926-7565 to schedule your free, no obligation full case review. We accept every nursing home neglect, abuse and mistreatment case through contingency fee arrangements. This means we provide legal services on your behalf without any payment of an upfront fee. To protect your loved one, all information you share our law offices will remain confidential.
For additional information on Nevada laws and information on nursing homes look here.
If you are looking for information on a specific facility or an attorney, please see links below to respective locality pages.