Majestic Gardens at Memphis Rehabilitation and Skilled Nursing Center Abuse and Neglect Attorneys
Families entrust caregivers in nursing homes to provide the best services and care for loved ones in a safe, comfortable environment to ensure their well-being and health are maintained. Unfortunately, neglect, mistreatment, and abuse can occur to any resident in any facility nationwide.
The Tennessee Nursing Home Law Center Attorneys work aggressively on behalf of our clients to ensure their rights are protected. We take immediate legal action to hold negligent caregivers and patients who assault other residents financially and legally accountable for their inappropriate behavior. Our dedicated team of Tennessee lawyers has assisted many families whose loved ones have resided in Shelby County nursing homes and can help you too.Majestic Gardens at Memphis Rehabilitation and Skilled Nursing Center
This Medicare/Medicaid-participating long-term care (LTC) center is a "for profit" 169-certified bed home providing cares to residents of Memphis and Shelby County, Tennessee. The facility is located at:
131 N Tucker
Memphis, Tennessee, 38104
In addition to providing 24/7 skilled nursing care, Majestic Gardens at Memphis Rehabilitation and Skilled Nursing Center also offer:
- Subacute care
- Rehabilitative services
- Joint replacement, cardiac care, and COPD management
- Tracheostomy care
- IV (intravenous) therapy
- Wound care
- Diabetic management
- Pain management
- Motor vehicle accident/trauma care
- Medical disorders leading to weakness deconditioning
- Gastro feeding tube care
The investigators working for the state of Tennessee and the federal government have the legal authority to impose monetary fines and deny payment for Medicare services if the nursing home has been cited for serious violations of established regulations and rules. Within the last three years, investigators imposed a monetary penalty against Majestic Gardens at Memphis Rehabilitation and Skilled Nursing Center once on October 29, 2015, for a massive fine of $501,300.
In addition to the exorbitantly high monetary penalty, the facility also received four formally filed complaints and self-reported three severe problems that resulted in citations. Additional documentation about fines and penalties can be found on the Tennessee Department of Health Nursing Home Reporting Website concerning this nursing home.Memphis Tennessee Nursing Home Residents Safety Concerns
The Tennessee and federal government nursing home regulatory agencies routinely update their care home database systems containing the complete list of all dangerous hazards, safety concerns, health violations, incident inquiries, opened investigations, and filed complaints. This information can be found on numerous websites including Medicare.gov and the TN Department of Public Health website.
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 four out of five stars for quality measures. The Shelby County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Majestic Gardens at Memphis Rehabilitation and Skilled Nursing Center that include:
- Failure to Honor the Resident’s Right to a Safe, Clean and Comfortable and Homelike Environment
- Failure to Provide Appropriate Treatment and Care According to Orders, Resident’s Preferences and Goals
- Failure to Provide Every Resident an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent Avoidable Accidents
- Failure to Provide and Implement an Infection Protection and Control Program
- Failure to Immediately Notify the Resident, the Resident’s Doctor or Family Members of a Change in the Resident’s Condition Including a Decline in Their Health or Injury
In a summary statement of deficiencies dated September 25, 2018, the state investigators documented a failure. This deficiency involved a failure to “provide effective housekeeping services to maintain a sanitary, orderly, and comfortable environment by disrepair, trash, and debris and resident rooms, strong urine odor’s and dirty toilets in the resident’s bathrooms and leaking air-conditioners.” The deficient practice by the Maintenance staff and Housekeeping employees at the facility involved fourteen of the 111 rooms.
The investigators interviewed the facility Director of Nursing on the morning of September 12, 2018, who stated, “I need to get a team to come up and clean these rooms and maintenance to fix these leaks.” The Director said that one of the floors in a resident’s room “has to be cleaned up” and that another room’s “bathroom smells of urine and has to be cleaned. Clothes and diapers should not be on the floor.”
Another room has the same problem. “The surveyor pointed at the sink in the room’s bathroom and asked the Director of Nursing why the plastic bag was on the sink.” The Director responded, “I have had enough. I trust you. I do not need to see the rest of the rooms. I have never seen this hall this bad.”
The survey team interviewed the Director of Maintenance that same day to determine if the Director was “aware of issues that needed to be fixed in the facility.” The Director of Maintenance responded that they “have been in this position less than three weeks. Staff is supposed to be putting issues down in a log at each nursing station but sometimes they will stop one of us in the hall, and it does not end up getting put in the log.”
The Director said that the “maintenance team now turns in a list of what they have taken care of each day, and before I leave for the day, I make the rounds to make sure they have done it right. I have talked with the Administrator and Director of Nursing about having staff document issues in the log books.”
In a summary statement of deficiencies dated September 25, 2018, the state survey team noted that the facility had failed to “follow physician’s orders for medication administration for two of three residents reviewed for the administration of medications.” The deficient practice by the nursing staff also involved the failure to “follow physician’s orders for treatment for one of six residents reviewed for wound care and treatment.”
In one incident, the surveyors reviewed a resident’s Comprehensive Plan of Care dated March 23, 2018, that revealed an arterial ulcer “to the left and right lower leg [and a] surgical incision to the chest. The resident keeps pulling the dressing off of bilateral legs and mid chest causing areas to reopen after healing.” The document also says that the resident is “rubbing the right foot against the sheets, causing a blister (even after being redirected and educated by the wound nurse). The document shows that the resident is noncompliant with keeping the heel protectors on the feet and is removing the dressing from their right foot.”
Additional review of the resident’s medication records shows that no notations that their medication “was only documented as given on August 15, 2018, and August 20, 2018.” As a result, the investigators interviewed the facility Director of Nursing who confirmed “the lack of documentation on the MAR.” The Director also confirmed that the medication “was not administered as ordered” stating, “That I cannot explain.”
In a summary statement of deficiencies dated September 25, 2018, the state investigators documented a failure. This deficiency involved a failure to “ensure the resident environment remained free of accident hazards when pools of water were observed in three of 111 rooms, and one of two janitor closets [that] was observed unlocked.” The investigators reviewed the facility’s OSHA (Occupational Safety and Health Administration) Environmental Rules and State Regulations that reads in part:
“Keep all chemicals locked away … at all times. Check to make sure that a door is locked at all times before leaving. The janitor closet doors must be closed and locked AT ALL TIMES.”
The investigative team observed a resident’s room with “a large amount of unknown liquid on the floor at the foot of the A bed and B bed.” In a different room, the survey team observed “a large amount of unknown fluids on the floor by the air-conditioner,” and in the third room, there was “a large amount of water on the floor and along the wall, under the dresser across from Bed A and B bed, in the middle of the room. Both of the residents were in their beds. There was no signage warning of the wet floor.”
As a part of the investigation, the surveyors interviewed a Certified Nursing Assistant (CNA) and asked: “how long there had been a problem with the water leak in [one room].” The CNA responded, “Off and on for about a month.” During an interview with the Director of Nursing, the surveyors asked the Director “to explain the water on the floor.” The Director responded “what is this water? I cannot leave this room because a resident could slip and fall.”
In a summary statement of deficiencies dated September 25, 2018, state surveyors noted the nursing home's failure to “ensure practices to prevent cross-contamination, and the potential spread of infection were maintained for twelve of 111 shared resident’s rooms.” The deficient practice by the nursing staff involved resident’s rooms that “contained unlabeled toothbrushes, urinals, denture cup, washbasins, and an open package of briefs stored on the floor.”
The investigative team interviewed the Director of Nursing on the morning of September 12, 2018, on the 300 Hall and asked: “how the urinals, toothbrushes, and washbasins should be labeled and stored.” The Director responded, “I see its an infection control issue, it is not labeled and do not know who it belonged to. These items should be labeled and in bags. The plungers should be covered and the resident’s brief should not be on the floor.”
In a summary statement of deficiencies dated August 24, 2017, the state investigator documented the facility’s failure to “notify the physician of a significant change in status for one of seventeen sampled residents reviewed of the thirty-five residents included in a Stage II review.”
The incident involved a review of a closed medical record on a resident was admitted to the facility with physician’s orders. The insulin was to be administered through injection “as per a sliding-scale for blood glucose 300 – 349 equals 20 units; 350+ equals 24 units. If the blood sugar is over 349, give 24 units and call the physician, subcutaneously before meals.”
The investigative team reviewed the resident’s Medication Administration Record (MAR) between July 8, 2017, and July 15, 2017, that showed blood sugar levels greater than 349 on four separate occasions ranging between 376 to 571. However, the “facility was unable to provide any documentation that the physician or nurse practitioner was notified regarding the elevated blood sugar levels on July 8, 2017, July 11, 2017, July 13, 2017, and July 15, 2017.”
As a result, the investigators interviewed the facility Director of Nursing and asked: “what the protocol was for elevated blood sugar levels.” The Director responded, “follow physician’s orders.” The Director also confirmed that the nurses should have documented that the physician was notified but “was unable to find any documentation that the physician had been notified for the elevated blood sugar levels.”
The surveyors also interviewed the Director of Nursing Practice (DNP) and asked: “when she expected to be notified regarding elevated blood sugar levels.” The DNP replied, “there are standing orders that they are supposed to call me if [the resident’s] blood sugar is greater than 350.” The DNP also confirmed that they were not notified by the nursing staff that the resident’s “blood sugar was greater than 350.”
If you and your family believe your loved one has suffered injuries or harm while living at Majestic Gardens at Memphis Rehabilitation and Skilled Nursing Center, contact the Tennessee nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565 now. Our law firm fights aggressively on behalf of Shelby County victims of mistreatment living in long-term facilities including nursing homes in Memphis.
Our skillful attorneys have successfully resolved many victim cases involving nursing home abuse and neglect. We can work on your behalf to ensure your family receives the financial compensation they deserve. 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 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. Let our team begin working on your case today to ensure you receive adequate recompense. All information you share with our law offices will remain confidential.Sources: