Many families are left with the decision to entrust health management care to a loved one to a nursing home staff knowing that they will receive better services in the hands of professional caregivers. Unfortunately, when a family member observes mistreatment of their loved one, it is often the result of a lack of sufficient staffing, mismanagement, or poor hiring practices that cause neglect or insufficient supervision of other residents that leads to resident-to-resident assault.
The Tennessee Nursing Home Law Center attorneys can assist your family if the nursing staff, employees or other residents have caused the mistreatment of a loved one. Our legal team has represented many Jackson County nursing home residents who were harmed at facilities throughout the community. We can help your family too. Let us begin working on your compensation claim now before the state statute of limitations expires involving your case.
This long-term care (LTC) facility is an 83-certified bed "for profit" home providing services and cares to residents of Gainesboro and Jackson County, Tennessee. The Medicare/Medicaid-participating center is located at:
1340 N Grundy Quarles
Gainesboro, Tennessee, 38562
(931) 268-0291
Federal and state investigators can penalize any nursing home that has violated rules and regulations that resulted in harm or could have harmed a resident. These penalties include imposing monetary fines and denying payment for Medicare services.
Within the last three years, the federal government has not fined Mabry Health Care. However, the nursing home received three formally filed complaints within the last thirty-six months. Additional documentation about fines and penalties can be found on the Tennessee Department of Health Nursing Home Reporting Website concerning this nursing facility.
A list of health violations, dangerous hazards, safety concerns, incident inquiries, opened investigations, and filed complaints on statewide long-term care homes can be reviewed on the Tennessee Department of Public Health website and Medicare.gov. Many families use this data to determine the best facility to place a loved one who requires the highest level of hygiene assistance and skilled health care.
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 three out of five stars for quality assurance. The Jackson County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Mabry Health Care that include:
In a summary statement of deficiencies dated March 14, 2018, the state investigators documented that the facility had failed to “implement fault interventions for one resident identified as high risk for falls of five residents reviewed for falls at the facility.” The investigators reviewed the facility policy titled: Falling Star Program that reads in part:
The purpose of the policy is to “help identify and alert staff of those residents who are at risk for falls. Purpose: upon admittance: Fall Risk Assessment will be completed. Review of the assessment will determine if the resident is placed on the Falling Star Program.”
Implementing the Falling Star Program will include “placing a star on the name sign of the resident’s room. The star will alert staff to monitor frequently for safety and intervene if needed.”
The investigators reviewed a resident’s medical record concerning an office/outpatient visit report dated February 21, 2018. The record revealed that the resident “left the hospital yesterday and is not eating or drinking, complains of hurting all over. Not at her mental baseline and is very uncooperative.”
The document also listed current problems including: “Dehydration, panic attack, at risk for falling. Gait unsteady and having to be led into the office. I am going to put her back in the hospital and start IV antibiotics … to get her physical strength built back up.”
Additional review of the resident’s medical records and Nurse’s Notes dated March 7, 2018, revealed that the nursing staff was “called to the room for maintenance. U`pon entering the room, observed the resident sitting on her buttocks facing the foot of the bed.” The resident’s “hands on footboard wheelchair sitting beside the resident.” When the nursing staff “asked what she was doing, [the resident stated that she] thought she could walk and she was going to walk and get her shawl and have her husband take her home.”
The investigators observed the resident’s name sign that was outside of the door on her room at 11:15 AM on March 12, 2018. However, there was not “a star beside her name indicating the Fallen Star Program had been implemented.” The investigators observed and interviewed the resident minutes later “in the resident’s room.”
The resident revealed that “she was seated in the wheelchair holding her denture cup [stating that] she had fallen a few days after she got there.” The resident descibed “how she was on her feet were slick on the bottom, and her husband was going to bring other shoes.”
During an interview with the facility MDS (Minimum Data Set) Coordinator, a Registered Nurse confirmed that the “Admission Care Plan had not identified [the resident] as high risk for falls and had not initiated interventions on the Care Plan before or after the fall on March 7, 2018.”
The RN stated that “we are all responsible [for updating] the care plan.” A current Nurses Note dated March 13, 2018, revealed that the nursing staff was called to the resident’s room because the resident was “yelling out. Upon entering the room, [the staff] observed the resident lying stretched out straight on her right side waving her left arm in the air on the floor between her bed and the window.” The resident stated that she had “rolled out of bed while dreaming.”
The state surveyors interviewed the Assistant Director of Nursing who confirmed that the resident “did not have a Falling Star Program implemented by placing a star in the name sign on the resident’s room.” Further confirmation verified that information related to the resident’s footwear that there was an “evaluation of the resident as high risk for falls, and information related to recent falls was not provided.”
Both the facility Director of Nursing and Assistant Director of Nursing confirmed that “the required signage to alert the staff of residents who are at high risk for falls had not been placed on the name sign outside of the room.” The two directors also “confirmed the facility failed to develop an implement interventions to prevent falls for [that resident].”
In a summary statement of deficiencies dated March 14, 2018, the state survey team documented that the facility had failed to “provide the necessary care and services to ensure oxygen therapy was administered as ordered for one resident.” The investigators reviewed the facility’s policy titled: Nursing Round Communication Policy that reads in part:
“At the end of each shift, each nurse will be responsible for communicating care of the resident or specific needs.”
The investigators reviewed the resident’s medical records and Medication Administration Record (MAR) that showed that the resident used a nasal cannula as needed delivering oxygen at 2 Liters per minute. However, upon observation of the resident on the late morning of March 13, 2018, on two occasions at 8:05 AM and 9:11 AM, the resident’s “oxygen was set at 4.5 Liters per minute by nasal cannula” which was against the physician’s orders.”
The investigators interviewed the facility Director of Nursing who confirmed that the resident “was on 4.5 Liters per minute” stating that “it should be less than that.” The Director also confirmed that “the oxygen was ordered at 2.0 Liters per minute” and that the “facility failed to ensure oxygen therapy was administered as ordered.”
In a summary statement of deficiencies dated February 1, 2017, the state survey team documented that the nursing home had failed to “maintain bed and bath linens in good condition for resident use.” The investigator said they had observed the B Hall including rooms and restrooms that revealed “a frayed washcloth with holes hanging on the towel bar.”
Observations of the C Hall revealed “a blanket on the bed and used by a resident with torn, freight edges along two sides.” In the D Hall, the investigators observed “a blanket on the bed and used by a resident with frayed edges on the hem of the blanket.”
Additional problems were identified when the surveyors observed the D Hall linen cart that contained “frayed, torn towels. A second linen cart on D Hall located by the shower room contained one blanket with frayed, torn edges and towels with frayed edges.” Many other problems with bed linen and bath towels were observed on the halls which resulted in an interview with the housing supervisor who “confirmed the facility had failed to maintain bed and bath linens in good condition and available for resident use.”
In a summary statement of deficiencies dated October 13, 2016, the state surveyors noted that the facility had failed to “furnish haircuts at no charge to twenty-one residents reviewed for receiving haircuts.” The investigators reviewed the Facility Admission Contract involving Beauty Shop Consent. The resident’s signed a document saying that:
“I understand the facility will provide Medicare resident’s basic barber and beauty services, which includes haircuts, shampoos, and [services] free of charge by facility staff; however, the facility staff may or may not be a licensed beautician or barber. If the resident or responsible party requested a licensed beautician or barber-provided services, a fee will be collected at his/her expense.”
The investigators reviewed the facility Beauty Shop Charge Form “to be signed by the resident or responsible party.” The form detailed a “Cut, Style & Set: $7. Men’s Hair Cut: $5.” Upon review of resident fund accounts receiving care to Medicaid and Medicare, there were numerous participating residents who “were charged for haircuts” on numerous occasions between April 20, 2016, and September 20, 2016, that were “paid from the resident fund accounts.”
The survey team interviewed the facility Business Office Manager (BOM)who had been employed at the facility since 2007 along with other billing staff members. During the interview, it was revealed that “the man the facility received one Free haircut monthly but the women were charged for their haircuts ever since [the BOM has] been here.” The Business Office Manager also stated that after reviewing the resident fund charges for haircuts that the “facility had charged the resident fund accounts or accepted a check for the haircuts received by residents of Medicare or Medicaid.”
If you suspect your loved one shows the signs or symptoms of mistreatment, abuse or neglect while residing at Mabry Health Care, take quick action now by calling Tennessee nursing home abuse attorneys at Nursing Home Law Center at (800) 926-7565. Our network of attorneys fights aggressively on behalf of Jackson County victims of mistreatment living in long-term facilities including nursing homes in Gainesboro.
Our knowledgeable attorneys offer legal representation to patients with cases that involve abuse and neglect happening in public and private nursing facilities. 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 claim to ensure your rights are protected.
Our lawyers accept all cases involving wrongful death, nursing home neglect, or personal injury through a contingency fee agreement. This arrangement postpones making payments to our legal firm until after we have successfully resolved your case through a jury trial award or negotiated settlement. We can provide legal representation starting now to ensure your family is adequately compensated for your damages. 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