Do you suspect that your loved one residing in a Dickinson County nursing facility is being mistreated, neglected, or abused by caregivers, visitors, or other patients? Are you concerned that their facility-acquired bedsores or injuries from falls could have been prevented had the staff follow established procedures and protocols? If so, contact the Kansas Nursing Home Law Center attorneys now.
Let our team of lawyers work on your family’s behalf to ensure that you receive financial compensation to recover your monetary damages. We can handle every aspect of your case including using the law to hold those responsible for the harm accountable.
This long-term care center is a "for profit" 45-certified bed home providing cares to residents of Herington and Dickinson County, Kansas. The Medicare and Medicaid-participating facility is located at:
2 E Ash Street
Herington, Kansas 67449
(785) 258-2283
The state of Kansas and the federal government have the legal obligation to monitor every nursing facility and impose monetary fines or deny payments through Medicare if the facility has violated established nursing home regulations and rules.
Within the last thirty-six months, investigators imposed three monetary penalties against Legacy At Herington Nursing Center, citing substandard care. These penalties include a $23,595 fine on October 29, 2018, a $13,058 fine on May 23, 2018, and a $17,208 fine on November 02, 2016, for a total of $53,861.
Medicare denied payment on November 2, 2016, for services rendered by the facility citing substandard care. Additional information concerning the facility can be reviewed on the Kansas Long-Term Care State Survey Reports.
Our attorneys obtain and review data on every Kansas long-term care home from various online publically available sources including the Department of Public Health website and Medicare.gov.
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 three out of five stars for quality measures.
According to investigators, “the facility failed to notify the responsible party for [one resident] when staff did not obtain a Physician-ordered urinalysis and culture for [that resident].” The incident involved a severely, cognitively impaired resident who “requires the extensive assist of two staff for bed mobility, transfers, dressing, eating, toileting, personal hygiene, and bathing.”
The resident’s MDS (Minimum Data Set) Assessment documented that “the resident was not ambulatory [but] used a wheelchair for mobility [and] had a urinary catheter.” The resident’s Care Plan dated February 14, 2018, directed the staff to “report any signs or symptoms of urinary tract infection to the resident’s Physician, provide catheter care every shift, position the bag and tubing below the level of the bladder, and record urine output.”
The Physician Progress Notes documented on the afternoon of April 7, 2018 stated that “the resident complained of feeling slightly shorter breaths. The Physician directed the staff to continue the resident’s current medication and treatment” but at a medication “used to treat fluid retention by increasing urine production.”
The Physician also directed the staff to get a “Complete Blood Count (laboratory blood test) in two weeks, and the staff to obtain a urinalysis and urine culture.” A nurse’s note documented on the morning of April 12, 2018 note that the resident’s “urine was dark; the catheter tubing was dark with sediment.”
The note documents that the staff “changed the resident’s catheter, and a large amount of red, brown, and yellow sediment was noted at the end of the old catheter tip, and the urine was reddish-brown and dark in color when the staff placed a new catheter.”
Five days later, on April 17, 2017, at 11:35 AM, the Nurse’s Notes document that “the staff found the resident unresponsive, and the staff called the nurse to the resident’s room.” The nurse assessed the resident and checked her vital signs, which were “abnormal.” The staff “call EMT to transport the resident to the hospital.” The emergency room report shows that the “resident was poorly responsive and lethargic.”
The hospital conducted a urine culture that proved positive for highly contagious E. coli. The nursing staff did not tell the resident’s responsible party until May 21, 2018, that they had failed to obtain a urinalysis and urine culture as ordered by the Physician on April 18, 2018.
Has your loved one been being mistreated or neglected while living at Legacy At Herington Nursing Center? Contact the Kansas nursing home abuse attorneys at Nursing Home Law Center at (800) 926-7565 for immediate legal intervention. We represent Dickinson County victims of abuse and neglect in all areas including Herington.
Our legal team never charges potential clients to discuss your case through an initial claim consultation. Also, we offer a 100% “No Win/No-Fee” Guarantee, meaning you will not owe us any money unless we have received a monetary recovery on your behalf.
Sources:
Attorney Ruben Krisztal
Licensed in Kansas
Chicago Nursing Home Injury Lawyer Nursing Home Law Center LLC Home