The cases of neglect and abuse are all too common in nursing homes, rehabilitation centers, and assisted-living facilities nationwide. Many senior citizens, the disabled, infirmed or rehabilitating become victims of mistreatment. In many incidents, the nursing home victim is unable to communicate what occurred, or they experience a fear of retaliation if they speak about their caregivers or other residents’ inappropriate actions.
If your loved one was abused, mistreated or neglected, the Tennessee Nursing Home Law Center attorneys can take immediate legal action to change their situation to ensure their safety and improve the quality of their daily life. Our team of lawyers has successfully resolved many cases involving Rhea County nursing home victims and can help your family too. Contact us now so we can begin working on your case today.
This Medicaid-participating nursing facility is a "not for profit, Seventh-day Adventist church-related" home providing services to residents of Dayton and Rhea County, Tennessee. The 50-certified bed long-term care center is located at:
114 Campus Drive
Dayton, Tennessee, 37321
(423) 775-0771
The federal government and surveyors in Tennessee have a legal duty to monitor every nursing facility and impose monetary fines or deny payments through Medicare when investigators identify violations of established nursing home regulations. In serious cases, the nursing facility will receive heavy monetary penalties if investigators find the violations are severe and harmed or could have harmed a resident.
Within the last three years, state and federal regulators have not imposed monetary penalties against Laurelbrook Sanitarium but the facility did receive two formally filed complaints and self-reported five serious issues that all resulted in citations. Additional information concerning penalties and fines can be found on the Tennessee Department of Health Nursing Home Reporting Website involving this nursing home.
Detailed information on each long-term care facility in the state can be obtained on government-run websites including Medicare.gov and the Tennessee Department of Public Health website. These regulatory agencies routinely update their list of dangerous hazards, filed complaints, safety concerns, health violations, opened investigations, and incident inquiries on nursing homes statewide.
According to Medicare, this facility maintains an overall rating of one out of five stars, including one 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 Rhea County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Laurelbrook Sanitarium that include:
In a summary statement of deficiencies dated September 28, 2017, the state survey team noted the facility’s failure to “notify the physician of severe weight loss for two residents of twenty-six residents reviewed. The facility’s failure to notify the physician resulted in harm (severe weight loss) for [two residents].”
The investigators reviewed the facility policy titled” Weight Management dated July 2013 and the policy titled: Physician and Family Notification that read in part:
“The physician and responsible party will be notified of the significant weight loss.”
“To promote consistency with the Care Plan Team and keep the physician informed about changes of a resident, the physician will be notified of a significant change in the resident’s physical, mental, or psychosocial status, deterioration in health or clinical complications, and a need to alter treatment or to commence a new form of treatment.”
The survey team reviewed a severely, cognitively impaired resident’s MDS (Minimum Data Set) and discovered that the resident was being fed through a gastronomy tube from March 2017 through September 2017. A review of the medical records detailed that the resident’s “weight summary revealed the resident had a weight loss of 6.62% which is severe weight loss from August 16, 2017, through September 27, 2017.” This deficiency includes a weight loss beginning on August 16, 2017, when the resident weighed 115.4 pounds until September 27, 2017, when the resident weighed 109.9 pounds, which is a 6.62% weight loss.
The investigators conducted a telephone interview with a Nurse Practitioner (NP) that confirmed that the facility is “supposed to bring up weight loss on the sheet (Medical Doctor Visit Log) for me to address.”
It was also revealed that “the weight documented for [the resident] on the MDS showed a weight of 116 pounds and confirmed that had the nurse practitioner (NP) had been notified of the weight loss on September 6, 2017, [the NP] would probably have ordered labs” including a stimulating hormone and CBC – Complete Blood Count) test.” The NP confirmed that they were not aware of the resident’s “severe weight loss until September 27, 2017.”
A medical review was performed on the second resident whose weights and vital summary report revealed a significant weight loss from 160.5 pounds on June 24, 2017, down to 148.6 pounds on September 19, 2017, a period of three months, where the resident “had a severe weight loss of 7.98%.” The investigators reviewed the medical records that revealed: “no documentation that the physician had been notified of [that resident’s] weight loss.”
A Licensed Practical Nurse (LPN) providing that resident care confirmed that the resident “had a severe weight loss of greater than 7.5% in three months and that the physician was not made aware of the weight loss.” During an interview with the Director of Nursing, it was confirmed that “the facility had failed to notify the physician of [the resident’s] severe weight loss.”
In a summary statement of deficiencies dated August 29, 2018, the state investigators documented that the facility had failed to “avoid a significant medication error for [one resident] reviewed for medication management.” The investigators reviewed the resident’s medical records and Care Plan to show that the resident was cognitively impaired and “dependent for activities on daily living.”
Further review of the resident’s medical records revealed that the resident was to receive oral solutions of medication for pain once every four to six hours. “This medication was contained in the reducible form and a concentration of 20 mg/mL. The continued review revealed that the nurse (RN) misread the physician’s orders” and instead marketed down as 5 mg in the resident’s Medication Administration Record (MAR).
At some point, the nurse realized the mistake and “contacted the physician and administered [a narcotic antagonist] to reverse the effects of the medication and administered “a second dose of their medication” in the nursing home. At that point, the resident “was transferred to a local hospital for additional evaluation where she received a third dose [of her medication before being] discharge back to the nursing home.” The investigators interviewed the Director of Nursing who “confirmed the facility had failed to avoid a significant medication error for [the resident].”
In a summary statement of deficiencies dated April 11, 2018, a surveyor noted the facility's failure to "ensure residents have received services and were free from neglect for one resident of ten residents reviewed. The facility’s failure to ensure the resident was not neglected resulted in a fracture (Harm) for [the resident].”
The investigators reviewed the facility’s policy titled: Reporting Abuse to Facility Management and the policy: Accident and Incident including Fall Safety Policy and Procedure that read in part:
“Neglect is defined as a failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness.”
“Do not move the resident until the licensed nurse has done an evaluation. The licensed nurse is to do a total evaluation of mental, physical (including a range of motion), any injuries, deformity of change from the resident’s baseline. The Charge/Licensed Nurse is to give direction and assist with moving the resident.”
The incident involved a resident who “requires extensive assistance of one person for transfers and toileting, was unsteady when moving on and off the toilet and with surface-to-surface transfers and was only able to stabilize with staff assistance.” The resident’s Care Plan indicated that the resident has “occasional incontinence of urine and uses disposable briefs and pants.”
The resident is “at risk for falls and falls with injuries related to bladder incontinence, confusion, gait/balance problems, history of falls, and is unaware of safety needs.
The investigators reviewed the facility reported incident dated November 1, 2018. The document revealed that the resident “reported that the nurse helped [the resident] on the bedpan and when she finished, she pressed her call light. Her Certified Nursing Assistant (CNA) came in to answer the call light and told [the resident] that she would have to stay in her bedpan until she came back from her break.”
The report shows that “Upon investigation, it was determined [that the] nurse (Licensed Practical Nurse (LPN)) reported she was going on her break to the other Charge Nurse but did not report that [the resident] was on the bedpan.” A computerized tomography scan [of the lumbar spine impression [revealed] suspected mild acute inferior and plate compression fracture at lumbar spine level II.”
A different Licensed Practical Nurse interviewed the resident concerning her fall and the resident “reported her pain level to be compared to her usual.” It was determined that the resident would receive her regular scheduled pain medications and the nurse practitioner was notified. The second LPN “call the family with a summary of the events.”
The investigators reviewed the Initial Evaluation completed by a physician dated January 11, 2018, that revealed the resident had “pain in the right hip, [and] stiffness of the right hip, muscle weakness.” The resident “presents today for a musculoskeletal evaluation of the right hip pain. The mechanism of injury: [the resident] stated she fell out of bed.”
The documentation shows “She was put on a bedpan, and the CNA told her she was going to eat, and the patient would have to wait for help until she got back. The patient reports she fell out of bed and re-injured her hip and back. The patient reports a loss of function, severe, difficulty standing. Assessment: the patient presents with signs and symptoms that are consistent with right hip pain.”
In a summary statement of deficiencies dated April 11, 2018, the state investigators documented that the facility had failed to “use a mechanical lift with a two-person assist during a transfer for a resident. The facility’s failure to use assistive devices resulted in a fracture (harm) to [a resident]” after the resident fell out of bed after being left on a bedpan while the staff member went on a break.”
If you, or your loved one, have been injured or harmed while a resident at Laurelbrook Sanitarium, call the Tennessee nursing home abuse attorneys at Nursing Home Law Center at (800) 926-7565 for legal help. Our network of attorneys fights aggressively on behalf of Rhea County victims of mistreatment living in long-term facilities including nursing homes in Dayton.
Our skilled attorneys can file and successfully resolve your victim case involving nursing home abuse or neglect and hold those that caused your loved one harm financially accountable. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim. We can begin working on your behalf today to ensure your rights are protected.
Our lawyers accept all cases involving wrongful death, nursing home neglect, or personal injury through a contingency fee arrangement. This agreement 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 team begin working on your case today to ensure you receive adequate compensation. All information you share with our law offices will remain confidential.
Attorney Cameron Jehl
Licensed in Tennessee
Tennessee Nursing Home Injury Lawyer Nursing Home Law Center LLC Home