Long Beach California Nursing Home Abuse Lawyers
Many families in Southern California have a spouse, grandparent or parent residing in an assisted living facility or nursing home. We all want what’s best for them and ensure that they are receiving the highest quality of care in a comfortable, loving environment. Often times, our loved one requires assistance the most basic needs including constant monitoring, assistance with daily activities, or a medical professional to administer medications. Unfortunately, not every nursing facility provides the highest quality of care. In fact, the Long Beach nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have handled many cases involving mistreatment, neglect and abuse in nursing facilities all throughout California.
Much of the beauty of the Los Angeles area resides within the city limits of Long Beach along East Ocean Boulevard, including the Aquarium of the Pacific and the Queen Mary in addition to California State University – Long Beach just west of Interstate 405. Long Beach is densely populated with more than 460,000 residents, of which nearly 50,000 are 65 years or older. This number has risen substantially in the last few decades as the baby boomers reach their retirement years.
However, the expanse of the aging population has cause significant issues in area nursing facilities and assisted-living homes that are challenged to meet the needs of their residents. The problems are caused by a lack of available qualified medical professionals to fill many opened positions in the nursing field. This includes Registered Nurses, Licensed Vocational Nurses and Certified Nursing Assistants. As a result, many facilities are understaffed or lack competent nurses that can provide care and services to meet the needs of every resident.Long Beach Nursing Home Resident Health Concerns
The decision of moving a loved one into a senior care facility is a challenging one, where families must entrust professional medical organizations to provide the highest level of compassionate care and medical services. Unfortunately, many nursing facilities throughout California violate that trust through substandard negligent medical and hygiene care. Because of that, our California nursing home attorneys review opened investigations, health concerns, safety issues and filed complaints against nursing facilities statewide.
As advocates for every nursing home resident in the Los Angeles area, our elder abuse law firm publishes our findings from information gathered from numerous national and statewide databases including Medicare.gov. Families often use this information to make a highly informed decision of which locations in the local community provide the best services in the highest standards of care.Comparing Long Beach Area Nursing Facilities
The information below details nursing facilities throughout the Long Beach area that currently maintain below standard ratings compared to other nursing homes, assisted living centers and rehabilitation facilities across the United States. In addition, our Los Angeles County nursing home abuse lawyers have posted their primary concerns with each facility by outlining specific cases involving neglect, abuse, substandard care and mistreatment. Some of these cases have caused significant harm or death to residents through the negligent or abusive behavior of caregivers or other residents.Information on California Nursing Home Abuse & Negligence Lawsuits
Our attorneys have compiled data from settlements and jury verdicts across California to give you an idea as to how cases are valued. Learn more about the cases below:
- California Nursing Home Medical Error Lawsuits
- California Nursing Home Abuse Lawsuits
- California Nursing Home Inadequate Care Lawsuits
- California Nursing Home Bed Sore Case Valuations
- California Nursing Home Fall Case Valuations
COLONIAL CARE CENTER
1913 E 5th Street
Long Beach, California 90802
A “For-Profit” 196-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Follow Protocols to Investigate and Report Any Act of Abuse, Neglect or Mistreatment of Residents
In a summary statement of deficiencies dated 10/03/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “thoroughly investigated skin tear injury for possible abuse.” This deficient practice of the facility directly affected one resident “who was high risk for physical abuse due to dementia, resistant to care, aggressive behavior of hitting and kicking, was found in the skin tear on the left arm.” The state investigator noted that “this deficient practice could result in physical and emotional decline of the resident.”
An observation of the resident was conducted at 11:30 AM on 10/02/2015 where it was noted that the resident “was in his room lying in bed with [a family member] at the bedside. The resident was non-interview-able due to confusion, restlessness and was attempting to get out of bed.” When the bedside family member told the “resident to stay in bed, he became combative and tried to punch and kick [the family member] on the stomach.” A facility’s LVN (Licensed Vocational Nurse) and CNA (Certified Nursing Assistant) came to assist the resident immediately.
Their state surveyor reviewed the resident’s 01/05/2015 Minimum Data Set with Assessment Reference Date (ADR) that reveal that the resident “was sometimes able to understand others and make self understood, was moderately impaired [in their cognitive ability to reason and think] and with aggressiveness. The MDR assessment also… With one person physical assist in dressing and ambulation.” The resident is “highly involved in activity; staff provide guided maneuvering of limbs and other non—weight-bearing assistance.”
The surveyor conducted an interview at 11:45 AM on 10/02/2015 with the resident’s family member who stated “she was concerned that [the resident] had been having bruises and skin tear […and] sometime in May 2015, she reported to the facility that [the resident] had a bruise and skin tear on the left arm.”
A subsequent telephone interview on 10/06/2015 occurred with another family member who stated, “I often see my father with bruises on the arm, stomach and the legs. When I asked the staff what happened, they often tell me, ‘we will investigate’.”
The state investigator conducted a 3:35 PM 10/02/2015 interview with the facility’s Licensed Vocational Nurse providing the resident care who stated, “I noticed [the resident] with the skin tear on the left arm, it was bleeding. I was not sure how it happened, it was strange. When I asked [the family member] what happened, she stated, ‘I do not know’.” The Licensed Vocational Nurse asked if the family member transferred the resident into the resident’s bed. The family member replied, “No. He can transfer himself to bed.” The Licensed Vocational Nurse was unsure if they inform the Abuse Coordinator at the facility of the injuries.
An interview was conducted with the facility’s Assistant Director of Nursing [ADON] at 4:00 PM on 10/02/2015 with the state investigator. The ADON stated that the family member was at the resident’s bedside on 05/07/2015 and according to that family member “the resident transferred from the chair to the bed and must’ve hit his arm, but she did not witness how the resident sustained [their arm injury].” The ADON also stated, “we thought that when the resident transferred from the chair to the bed, that’s when he had the skin tear.” The investigator asked the ADON, “if there were other staff members interviewed to verify [that the resident] sustain the skin tear [on that day] from transferring from the chair to the bed.” The Assistant Director of Nursing indicated that no one else was interviewed.
The investigator reviewed the resident’s 9:00 AM 05/08/2015 Investigation Report indicating that the Licensed Vocational Nurse “was making rounds to give medication to [the resident] when a skin tear measuring 0.5 centimeters by 0.2 centimeters was observed over an old bruise. According to [a family member] the resident transferred himself to bed and must’ve hit his arm during the transfer and sustained a skin tear.” However, “the investigation report did not identify any potential hazards in [the resident’s] environment that could have caused the resident’s left arm skin tear.” In addition, “there was no documented evidence of the facility made reasonable efforts to identify the hazards and risk factors considering the unique characteristics and abilities of [the resident].”
Our Long Beach nursing home abuse attorneys recognize that failing to properly investigate and report any act or suspicion of abuse, neglect or mistreatment of residents does not follow the established procedures and protocols adopted by Colonial Care Center. The deficient practice of the nursing staff and administration at the facility might be considered additional abuse or mistreatment of the resident.
VISTA COVE CARE CENTER AT LONG BEACH
3401 Cedar Avenue
Long Beach, California 90807
A “For-Profit” 154-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Provide Adequate Staffing to Ensure Proper Care Is Provided to Every Resident
In a summary statement of deficiencies dated 01/15/2015, a complaint investigation was opened against the facility for its failure to “provide sufficient nursing staff to provide nursing and related services to obtain or maintain the highest practical physical, mental and psychosocial well-being of each resident.” The state surveyor handling the investigation also noted the facility’s failure “to ensure that care was not provided in a manner and tone that offended the resident’s when the residents requested care. This deficient practice placed the resident at risk for depression, isolation, low self-esteem and objectification (treating a person as a thing).”
The complaint investigation involved a 01/15/2016 5:20 AM interview with the resident who stated “at the holidays a lot of the [Certified Nursing Assistants (CNAs)] were calling in sick. The nurses were very short with us while providing care (the nurses did not spend enough time to provide good nursing care). The CNAs make me feel like, what did I do to you to make use or short with me?”
The state investigator conducted a subsequent interview with another resident on the same day at 6:00 AM where the resident stated, “the CNAs have nasty attitudes. I think they need more nurses. I think some nights, the CNAs had 30 residents. The nurses are frustrated and they have attitude. It pisses me off and makes me mad when they have attitude with me because I didn’t do anything to deserve that.”
An interview was conducted by the state investigator with one of the facility’s CNAs who stated, “they should have a maximum amount of 21 residents assigned to them at night, but in the month of December they would have up to 30 residents because people would call in sick.”
The state investigator reviewed the 12/26/2015 census that “indicated there were 125 residents in the facility. The facility’s assignment schedule for the 11 through 7 AM shift for 12/26/2015 indicated there were only three CNA’s on schedule. Each CNA had 31 to 32 residents each.”
An interview was conducted at 8:20 AM on 01/15/2016 by the state investigator with the facility’s Administrator who revealed, “he was aware of the shortage of staff on 12/26/2015 […and] heard the night shift was pretty frustrated about being short […and] they are in the process of hiring new CNAs.” The state investigator asked “how can CNA’s properly take care of 30 residents a night” to which the Administrator replied, “the CNA’s had a buddy system (when CNA’s help each other with their residents) to help throughout their shift.
Our Long Beach neglect attorneys recognize that failing to follow protocols and provide adequate staffing might in itself be considered mistreatment or neglect of the residents. The deficient practice of the Administrator, managers and supervisors failed to follow established procedures and protocols enforced by nursing home regulators.
3501 Cedar Avenue
Long Beach, California 90807
A “For-Profit” 99-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Provide Adequate Care and Services and Follow up on Physician’s Orders to Treat the Physical Pain of a Resident Suffering with Peptic Ulcer Disease
In a summary statement of deficiencies dated 10/30/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “provide the necessary care and services and follow up on a physician’s recommendation for one [resident at the facility].”
The deficient practice was noted after it was discovered that a resident’s gastrointestinal physician recommended that the resident have an esophagogastroduodenoscopy (EGD) test eight months prior to the survey in February 2015 “to examine the lining of the esophagus, stomach and first part of the small intestine [along with a] colonoscopy to view the inside of the: (large intestine) and rectum, using a tool called a colonoscope.” This recommendation was made “after the resident had abnormal computed tomography [CT scan] of the abdomen. The results showed thickening of the [resident’s gastric antrum (stomach)].”
The state investigator conducting a review of the resident’s records noted that the failure “of not following up on the G.I. physician’s recommendation resulted in [the resident] continuing to have severe abdominal pain requiring narcotic pain medication” including opioids and synthesized opioids for over eight months without a definitive diagnosis.
A review was also conducted on the resident’s Admission Face Sheet that revealed that the resident was admitted to the facility with GERD (gastroesophageal reflux disease) that is recognizes a serious condition “when the content of the stomach regurgitates (backs up or refluxes) into the esophagus which can cause esophagitis (inflammation of the esophagus) difficult and painful swallowing, heartburn, and the feeling of something stuck in the throat, and nausea and vomiting), and chronic pancreatitis (inflammation of the pancreas causing swelling of the pancreas which causes abdominal tenderness and pain).”
The surveyor reviewed the resident’s 04/13/2015 Annual Minimum Data Set indicating the resident “was able to make needs known and understood others. According to the MDS, the resident was assessed as requiring limited assistance with bed mobility, transferring, locomotion on and off the unit and eating.” In addition, the resident’s 10/12/2015 (updated 12/08/2014 Care Plan revealed that the resident suffered with Peptic Ulcer Disease (PUD), recognized as a condition “where open sores develop on the inside lining of the esophagus, stomach and upper portion of the small intestine.”
The resident’s care plan included interventions by the staff “to monitor for patterns of discomfort and/or gastric distress or precipitating factors, since the type, intensity and quality of pain [and then] administer pain medication according to the physician’s orders.”
The surveyor noted that the resident’s October 2015 Pain Assessment Flow Sheet revealed that from 10/01/2015 to 10/29/2015 “the resident complained of pain at 8/10 [where score of 0 indicates no pain and a score of 10 represents the worst pain] for 26 times, requiring a narcotic pain medication.” All throughout the prior month of October 2015, the resident complained of pain 28 times on a pain scale 8 to 10 and again 25 times of pain scale eight through 10 throughout August, and again 19 times at the same pain level throughout July and 11 times at the same level throughout June which all required the administering of the narcotic pain medication.
The surveyor conducted an interview with the resident at 5:05 PM on 10/30/2015 who stated “he has stomach pains every day of at least 7/10 on the pain scale […and] he received medication for the stomach pain but stated it did not always help.”
The surveyor conducted an interview approximately one hour later at 6:18 PM on the same day with the facility’s Licensed Vocational Nurse providing care to the resident who indicated “you call the G.I. physician earlier that day, before 5:00 PM to follow up on the recommendation for [the resident’s esophagogastroduodenoscopy test] and colonoscopy [… stating] he left a message with the physician’s office.”
Our Long Beach nursing home neglect lawyers recognize that failing to follow protocols involving doctor recommendations has the potential of causing life-threatening harm, injury or death of the resident. The deficient practice of the nursing staff might be considered negligence or mistreatment because the failures do not follow the established procedures and protocols adopted by Pacific Villa including their policy titled: Lab and Diagnostic Test Results – Clinical Protocol that reads in part:
“The physician will identify and order diagnostic and lab testing based on diagnostic and monitoring needs. The policy stipulated the staff would process and arrange for the tests and procedures.”
LONG BEACH CARE CENTER
2615 Grand Avenue
Long Beach, California 90815
A “For-Profit” 163-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Follow Procedures and Protocols to Minimize the Potential of Causing Serious Harm or Injury to the Resident When Administering Medications
In a summary statement of deficiencies dated 10/16/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “ensure medications ordered by the physician was documented as given once administered according to the facility’s policies and procedures.” This deficient practice by the nursing staff at Long Beach Care Center affected one resident directly.
The deficient practice was noted by the state investigator revealing that there were missed medication errors in resident’s documentation involving medications “used to treat nerve pain” and medications “used to lower stomach acid.” The investigator noted that “this deficient practice has the potential to result in complications related to the missed doses such as nerve pain, increased stomach acidity and inadequate control of blood sugar levels.”
As a part of the investigation, the surveyor reviewed the resident’s October 2015 physician’s orders that “indicated orders on 10/30/2015 to give [the resident their medications].” The physician’s orders indicated that the resident was to receive medications twice a day with meals and orally every eight hours to treat nerve pain and before breakfast to treat GERD (gastroesophageal reflux disease).
However, the state investigator noted that a review of the resident’s MAR (Medication Administration Record) revealed that the resident’s medications were not documented as given to the resident on specific dates and times including on 10/01/2015, 10/06/2015 and 10/13/2015.
The state surveyor conducted an interview with the facility’s Licensed Vocational Nurse (LVN) who provided the resident care and services. The LVN stated, “I gave the medications [prescribed by the resident’s physician] on 10/01/2015, but I forgot to sign the MAR. When asked to reconcile the number of administration with the bubble pack [the pack that indicates the dates of the medications were administered, the LVN stated] ‘the cycle begins on the fourth of the month, so the bubble pack is not here anymore to check’.” A subsequent interview was conducted the following day at 2:00 PM with another Licensed Vocational Nurse who stated, “I gave [the resident’s their medication] but I forgot to document it in the MAR.”
Our Long Beach nursing home neglect attorneys recognize the deficient practice of the nursing staff at Long Beach Care Center might be considered negligence or mistreatment. The failure to administer medication and/or document that the medication was given does not follow the established procedures and protocols adopted by the facility, including the facility’s 2007 policies and procedures titled: Medication Administration that reads in part:
“Administer oral medication in an organized, accurate and safe manner by reviewing and confirming medications for each resident on the MAR prior to administering medication, the staff who administered the medication to the resident should immediately chart the administration.”
INTERCOMMUNITY CARE CENTER
2626 Grand Avenue
Long Beach, California 90815
A “Not for Profit” 147-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Follow Protocols to Report and Investigate Any Act or Report of Abuse, Neglect or Mistreatment of Residents
In a summary statement of deficiencies dated 01/12/2016, a complaint investigation was opened against the facility for its failure to “thoroughly investigate an allegation of abuse and [a failure] to report the incident to the Department of Health within 24 hours.”
The complaint investigation was opened after an alleged sexual abuse attack on a female resident by a male resident at the facility. The incident allegedly occurred on 04/10/2015. However, the facility failed to perform a thorough investigation. The investigator handling the complaint noted that “this deficient practice [of not performing a thorough investigation] does not ensure sexual abuse occurrences would be prevented.”
The state investigator reviewed the resident’s Minimum Data Set with Assessment Reference Date (ADR) dated 01/20/2015 indicating that “the resident was moderately impaired in daily decision-making, sometimes understood and sometimes understands others.”
A telephone interview was conducted by the state investigator at 1:45 PM on 05/07/2015 with a facility’s Certified Nursing Assistant who stated, “that on 04/10/2015 around 4:00 PM, [the CNA observed two residents] in a short hallway leading to the outside patio from the main hallway between nursing stations A and B. As [the CNA] approached the hallway, the residents were separating with [the male resident] appearing to zip up his pants and [the female resident] in the process of standing up from the leaning forward position.”
The CNA indicated that the female resident “had tears running down her face but did not see any sexual contact between the two residents […and] she then went to report the incident to the Charge Nurse and Licensed Vocational Nurse.”
The state investigator interviewed the Licensed Vocational Nurse at 2:05 PM on 05/07/2015 who “denied ever receiving report of alleged sexual abuse involving [those two residents] on 04/10/2015. Approximately two hours later at 3:15 PM, “the Registered Nurse Supervisor stated she received report on 04/10/2015 from a staff member alleging [the male resident] touched [the female resident] inappropriately but could not recall which staff member.”
According to the Registered Nurse, “the residents were already separated when she arrived and [the female resident] seemed fine.” The Registered Nurse questioned the male resident “regarding the incident and the resident denied the allegations.” As a result, the Registered Nurse stated “she did not suspect abuse based on her observations and stated there was no further investigation into the incident […and the Registered Nurse] did not attempt to interview [the female resident] and did not report the incident.”
The investigator conducted an interview with the facility’s Director of Nursing at 11:45 AM on 05/12/2015 who stated that, “the facility did not conduct an investigation regarding the allegation of abuse between [the two residents occurring] on 04/10/2015 and the incident was not reported.” Additionally, the Director of Nursing stated that, “the staff should have reported the incident and an investigation should of been conducted.”
Our Long Beach nursing home abuse lawyers recognize the failing to follow protocols to investigate and report any actor allegation of sexual abuse violates both state and federal nursing home regulations. The deficient practice by the administration, Director of Nursing and nursing staff might be considered additional abuse, mistreatment or neglect of the resident allegedly hard by the incident. In addition, the failures by the nursing staff and administrators at Intercommunity Care Center did not follow the facility’s policy and procedure titled: Abuse Investigation Procedure that reads in part:
“All reports of resident abuse shall be promptly and thoroughly investigated and if abuse is determined to have occurred, the findings will be reported to authorities within 24 hours.”What to do About Elder Abuse
The level of abuse and mistreatment occurring in nursing facilities against the vulnerable is a significant widespread problem, especially for elderly individuals and those suffering with disabilities. In many incidences, neglect and abuse occurring in a nursing facility can result in serious injuries or death. In many cases, the elder will be psychologically, emotionally, or physically harmed and left to feel frightened and alone.
For many families, defining elder abuse is not always easy. This is because many neglectful or intentional acts are not always obvious. Less conspicuous signs that a loved one is being neglected might involve:
- Conditions caused by a refusal of water, food, medication, clothing, personal comfort or personal hygiene;
- Injuries occurring from a fall due to a lack of supervision or improper training of the nursing staff;
- The development of a serious life-threatening medical condition caused by a failure to monitor blood work or provide necessary treatment;
- Reactions to medication errors including giving the wrong medication to a resident or the right medication at the wrong dosage or time;
- Failing to take immediate action to transfer a resident to a hospital for an emergency situation;
- Failing to provide adequate services, care and treatment to prevent the development of skin ulcers (pressure ulcers; decubitus ulcers; pressure sores; bedsores);
- Failing to provide adequate security to safeguard residents against harm from caregivers, other residents, visitors, family or friends;
- Failing to seek appropriate consultations with qualified medical providers to ensure that the health and hygiene needs of every resident are being met.
Many families are facing the devastating, unimaginable truth that their loved one has been harmed or killed while residing in a nursing facility and want justice to ensure that those responsible are held accountable. Justice is usually achieved by hiring a personal injury attorney who specializes in nursing home abuse, neglect and mistreatment cases.Hiring a Lawyer
If you believe your loved one has been hurt, injured or suffering emotional scars because of a tragic event or negligence occurring in a nursing facility, the Long Beach nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC can help you obtain justice. As your loved one’s advocate, our California elder abuse law firm can act on your behalf to help prevent further abuse of your family and others.
Our reputable California nursing home lawyers apply our years of experience to seek the financial compensation you deserve by proving your case through a claim or lawsuit. To successfully resolve your case, we have access to all needed resources and work closely with the areas most respected medical experts to prove that your loved one is the victim of physical abuse, sexual assault, mental/emotional harm, malnutrition/dehydration or other condition that caused them harm or injury.
We urge you to contact our Long Beach elder abuse lawyers today at (800) 926-7565 to schedule your free, no obligation full case review. All cases are accepted through contingency fee arrangements. This means you and your loved one will receive immediate legal representation without paying an upfront fee. All information provided will remain strictly confidential.
For additional information on California 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.