Memphis Tennessee Nursing Home Abuse Attorney

Overall Rating of 31 Nursing Homes
    Rating: 5 out of 5 (5) Much above average
    Rating: 4 out of 5 (6) Above average
    Rating: 3 out of 5 (2) Average
    Rating: 2 out of 5 (12) Below average
    Rating: 1 out of 5 (6) Much below average
August 2018

Memphis Tennessee Nursing Home Abuse AttorneyNearly every day, the Memphis nursing home neglect attorneys at Nursing Home Law Center LLC speak to family members whose loved one has been abused, neglected or exploited at the hands of nursing healthcare professionals in charge of providing them care. Cases involving elder abuse involve some of the most heinous acts where caregivers cause serious harm to the most vulnerable members of society. Without proper oversight and advocacy, any resident can fall victim to mistreatment even while living in the highest rated nursing facilities in the community.

Medicare releases publicly available information every month on all nursing homes in Memphis, Tennessee based on the data gathered through inspections, investigations and surveys. Currently, the national database shows that inspectors identified serious violations and deficiencies at eighteen (58%) of the thirty-one Memphis nursing facilities that led to resident injuries. Was your loved one was harmed, mistreated, abused, or died unexpectedly from neglect while living in a nursing home in Tennessee? If so, we invite you to contact the Memphis nursing home abuse lawyers at Nursing Home Law Center (800-926-7565) today to schedule a free case review to discuss a financial compensation claim to recover your damages.

More than 650,000 individuals live within the city limits of Memphis Tennessee, of which approximately 75,000 are 65 years and older. This number more than doubles when counting the seniors living all throughout Shelby County. The total number of elders has risen substantially over the last few decades because many members of the baby boomer generation have chosen to remain in Tennessee to live out their retirement years.

As the oldest generation continues to age, more individuals are relocating to nursing homes, assisted living centers and rehabilitation facilities throughout the Memphis community. Like all humans, these elders deserve to be treated with dignity and respect of their individuality. Unfortunately, statistics reveal that one out of every ten nursing home residents will be victimized at some point during their stay by caregivers, other residents, family members, friends and visitors.

Memphis Nursing Home Resident Health Concerns

Our Tennessee elder abuse law firm has long served as an advocate for every nursing home resident in the state. In an effort to provide a public service, we continuously assess, review and evaluate opened investigations, filed complaints, safety concerns and health violations handled by federal and state regulators, surveyor’s and inspectors.

We publish this information to assist family members in need of placing a loved one in the hands of professional caregivers who require the utmost quality care. This publicly available information gathered from national databases including Medicare.gov gives families insight to the activities, problems, concerns and issues many nursing home residents face in the Memphis area.

Comparing Memphis Area Nursing Facilities

The detailed information below lists every Memphis area nursing facility currently maintaining below average ratings compared to other homes nationwide. In addition, our attorneys have posted their primary concerns and highlighted specific cases where residents have been seriously injured or harmed due to the action or inaction of a medical doctor, nursing staff or employees.

Information on Tennessee Nursing Home Abuse & Negligence Lawsuits

Our attorneys have compiled data from settlements and jury verdicts across Tennessee to give you an idea as to how cases are valued. Learn more about the cases below:

SIGNATURE HEALTHCARE AT ST PETER VILLA
141 N Mclean
Memphis, Tennessee 38104
(901) 276-2021

A “For-Profit” 180-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide Necessary Care and Treatment Prevent Avoidable Bedsores from Developing for Five Residents at the Facility That Led to Life-Threatening Wounds

In a summary statement of deficiencies dated 08/28/2015, a complaint investigation was opened against the facility for its failure to “identify, assess and provide preventative measures to prevent the development of avoidable pressure ulcers.” The deficient practice affected five residents.

The failure of the nursing staff at Signature Health Care at St. Peter Villa to “identify, assess, and/or provide care and treatment for pressure ulcers resulted in an immediate jeopardy when [5 residents at the facility] developed avoidable in-house acquired pressure ulcers that became unstageable before they were first identified by the staff.”

An Immediate Jeopardy is defined as “a situation in which the provider’s noncompliance has caused, or is likely to cause, serious harm, injury, impairment or death to the resident.” In this case, the facility was cited for an immediate jeopardy due to providing residents’ substandard quality of care.”

As a part of the investigation, the state surveyor reviewed the resident’s Initial Nursing Assessment documenting stating the resident had Braden Score of 13 which indicates “a moderate risk for skin concerns,” and proceed to the interim Plan of Care.” The assessment also documented “a surgical wound with staples to the right hip, bruising on bilateral hands, and a red/purple area on the left shin. The assessment documented no concerns with the resident’s heels.”

This resident’s 07/01/2015 Interim Care Plan notes Alteration in skin integrity. Will not develop skin breakdown. Skin assessment weekly. Incontinence care is needed. Turn and position or reposition every two hours. Treatment as ordered.

A Certified Nursing Assistant bathing report was documented six days later on 07/07/2015 at 3:23 AM. However, “the facility was unable to provide the CNA skin care alert for this resident’s wound to be reported to the Charge Nurse and Assistant Director of Nursing/designee.”

That same day at 10:00 AM, a new nursing assessment report documents: “Newly developed Pressure Ulcer specific information, location, and description of the ulcer: BLACK AREA NOTED TO RIGHT HEEL. Wound bed: Eschar (Thick, Hard, Leathery, Black Neurotic Tissue). Nursing interventions: incontinence management/protection of body prominences.”

The state investigator notes that even though a review of the resident’s 07/07/2015 “Pressure Ulcer Record revealed the wound measured 0.8 centimeters by 2.0 centimeters, the depth was unable to be determined. An intervention for prevalent boots was put into place.” However, the surveyor notes that the “intervention was not put into place until after the development of the avoidable pressure ulcer.”

The following month on 08/10/2015, the resident’s Pressure Ulcer Record documents: Unstageable. Measuring 2.5 centimeters by 2.0 centimeters and no depth documented.

As a part of the investigation, the state surveyor notes the facility’s failure “to accurately assess skin conditions, failed to implement preventative measures, and failed to identify the pressure ulcer before it became unstageable black eschar. This placed [the resident] in Immediate Jeopardy.” This unstageable pressure ulcer wasn’t avoidable in-house acquired pressure ulcer that developed within one week of the resident’s admission.”

The state investigator also noted the facility’s failure “to accurately assess skin conditions, [failure] to implement preventative interventions and a [failure] to identify pressure ulcer before became unstageable with eschar.”

The investigator conducted a 5:18 PM 08/26/2015 interview with the facility Director of Nursing who “was asked if it was acceptable pressure ulcers to be identified when they were unstageable due to the presence of eschar.” The Director of Nursing replied, “I would hope that it would be found earlier.”

A telephone interview was conducted by the state surveyor with the facility’s Medical Director at 1:58 PM on 08/26/2015 who “was asked if he expected the facility to notify him of pressure ulcers.” The medical director responded, “normally we would be notified when the skin changes start.” When asked “if the notification should have been before the wound progressed unstageable” the medical director replied, “yes, before it (pressure ulcer) got to that stage.”

Our Memphis nursing home neglect attorneys recognize that failing to follow protocols and provide adequate treatment and care to prevent an avoidable bedsore from developing could place the health and well-being of a resident in immediate jeopardy. The deficient practice by the nursing staff, Medical Director and Administrator at Signature Health Care at St. Peter Villa might be considered negligence or mistreatment because their actions failed to follow their Skin Management and Prevention Policy that reads in part:

“If a skin alteration identified, the nurse will notify the physician to obtain a treatment order. On shower/bath days, the Certified Nursing Assistant (CNA) will complete total body skin observations. If the new skin issue is identified, the CNA will report it to the Charge Nurse and a copy of the form will be given to the Assistant Director of Nursing/designee.”

POPLAR POINT HEALTH and REHABILITATION Center
131 N Tucker
Memphis, Tennessee 38104
(901) 726-5600

A “For-Profit” 169-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Protect Every Resident from Abuse and Sexual Assault

In a summary statement of deficiencies dated 10/29/2015, a complaint investigation against the facility was opened for its failure to “address an incident resulting in a sexual encounter for [a resident at the facility.” In addition, “the surveyor found that [the resident] was identified to be on the National Sex Offender Registry […and] was allowed to run the facility unsupervised. This placed [another resident] and other cognitively impaired residents in Immediate Jeopardy.” There are “52 female residents residing at the facility.”

By definition in the nursing industry, “Immediate Jeopardy is a situation in which the provider’s noncompliance has caused or is likely to cause, serious harm, injury, impairment or death of the resident.”

On 08/13/2015, an interview was conducted by Social Services that reveal the resident “was involved in a sexual act with [another resident] and did not give consent. The facility failed to protect [the nonconsenting resident] and other cognitively impaired female residents during and after the investigation. The facility’s investigation included a statement from the male perpetrator in which the resident denies any sexual contact with the female resident.”

The state surveyor conducting an investigation into the complaint review the nonconsenting resident’s Annual Comprehensive MDS (Minimum Data Set) that revealed that the resident “scored “00″ on their Brief Interview for Mental Status (BIMS), indicating the resident was severely cognitively impaired.” Additionally, the document revealed the resident “scored 1 for mood with no behaviors exhibited during the assessment.”

As a part of the assessment, “the nonconsenting resident was coded as having unclear speech and sometimes able to make yourself understood by others […and] required limited assistance with one person physical assist with mobility and eating. […and] required extensive assistance with two person assist on transfers, toilet use; supervision with one physical assist for locomotion on and off the unit; and extensive assistance with one person assist with personal hygiene and dressing.”

The assessment concluded that the resident “was totally dependent on the staff with two assist for baths […and] was not steady when transferring moving on and off the toilet.” In addition, “the resident utilizes a wheelchair for mobility.”

The investigator reviewed the alleged perpetrator’s 08/21/2015 Quarterly MDS (Minimum Data Set) revealing that the resident scored 13 on their Brief Interview for Mental Status (BIMS) assessment “indicating the resident was cognitively intact […and] did not exhibit any aggressive behaviors during the assessment. […and] required limited assistance with one person physical assist with bed mobility; for transfers extensive assistance with 2+ persons physical assistance; locomotion on unit-limited assistance with one person physical assistance.…”

The incident was documented in the facility’s investigations log revealing that on 08/12/2015 at approximately 10:00 PM, a Certified Nursing Assistant (CNA) “was making rounds and observed [the alleged perpetrator resident] in the [nonconsenting resident’s] room. The CNA informed [the mail resident] that it was getting late and he should return to his room.”

The Certified Nursing Assistant continued with making rounds but returned a few hours later at 1:52 AM to the female’s “room and noticed the door was closed. The CNA entered the room and observed [the male resident] on top of the [nonconsenting female resident].” The alleged perpetrator’s] pants were pulled down in his buttocks exposed.” At this time the Certified Nursing Assistant observed the male resident’s “buttocks making up and down motions [while the female’s] genitalia were exposed.”

At that time, “the CNA observed a tear coming from the [female’s] eye and the female resident look sad.” The male resident “stopped as soon as he realized the CNA entered into the room.” The Certified Nursing Assistant responded by getting help from the nurses. Only when the Certified Nursing Assistant relayed that “the resident was crying did the nurses get up and check on the resident.”

A representative from Social Services obtained a statement from the female resident on 08/13/2015 “regarding the incident. The resident was asked the following questions: Did a man come into your room last night? [The resident] responded, ‘Yes’. Did you have sex? [The resident] responded, ‘I could Yes>. Did you give consent? [The resident] responded, ‘No’. Did you say stop or no? [The resident] responded, ‘Yes’.”

The state investigator reviewed the facility’s 08/13/2015 9:30 AM Progress Notes that confirmed that the female resident “was interviewed by the Assistant Director of Nursing and Director of Nursing who documented that the resident “was aphasic and denied any male intimate contact.”

“The facility providing a handwritten note documenting the police interviewed [the female resident] on 08/13/2015. The handwritten notes dated the police interviewed [the female resident] and that the resident told the police officers it was not rape and she would do it again if she wanted to.”

The state investigator noted that the resident’s statement taken by the Social Worker was read to the Assistant Director of Nursing who “was not sure about that statement but can only go by what the resident had told her on 08/13/2015, that she did not have sexual contact with the [male resident] and she was going by what the resident told the police officers during the interview.” The state “surveyor brought up the concerns of the [resident’s] ability to consent to sex with impaired cognition.” At that point, the Assistant Director of Nursing stated that [the residen]t did not change her response regarding the incident […and] that she determined sexual activity did occur between both but it was consensual.”

“The surveyor reviewed the National Sex Offender Registry and identified [the male resident] was listed as a sexual offender. After this incident occurred the facility never reviewed the Sex Offender Registry as part of their investigation.”

“It was determined the facility failed to respond appropriately to the 08/13/2015 incident involving” both residents at the facility and that the facility also “failed to protect [the female resident] from the [male resident] during the investigation […and] failed to supervise [the male resident] around the other cognitively impaired female residents in the facility which resulted in an Immediate Jeopardy.”

Our Memphis nursing home abuse attorneys recognize a failing to follow procedures and protocols to protect every resident from sexual assault places that resident in immediate jeopardy along with all the other female residents at the facility. The deficient actions of the nursing staff and Administrator at Poplar Point Health and Rehabilitation Center might be considered abuse, mistreatment or negligence because their practices did not follow the facility’s September 2015 policy title: Abuse Policy that reads in part:

“The definition of sexual abuse was any abusive sexual nature including harassment, coercion or assault. The policy also stated all allegations of abuse or neglect must be thoroughly investigated by the facility and a verbal notification to the State Department of Health or other regulatory agencies.”

QUALITY CARE CENTER OF MEMPHIS
1755 Eldridge
Memphis, Tennessee 38108
(901) 278-3840

A “For-Profit” 48-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide All Necessary Treatment to Prevent the Development of a Facility Acquired Bedsore or Allow an Existing Bedsore to Heal

In a summary statement of deficiencies dated 04/02/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “ensure the weekly skin assessments include the stage of the pressure ulcer.” In addition, the state investigator noted the facility’s failure “to follow the physician’s treatment order for two [residents at the facility] with a pressure ulcer.”

The deficient practice was noted by state investigator reviewed a facility’s 12/10/2014 Pressure Ulcer Risk Evaluation Assessments that revealed the resident “was at high risk for developing pressure ulcers.” The investigator also reviewed the 03/16/2015 One Practitioner Note that documented the resident had an “unstageable pressure ulcer right heel wound with eschar.”

The investigator noted that the weekly Wound Progress Notes and weekly one assessment notes performed every week from October 2014 through February 2015 “did not always include the stage” of the resident’s bedsore.

An interview was conducted by the state investigator with the facility’s Director of Nursing at 10:04 AM on 04/02/2015 where the Director was asked about the resident’s “right heel. The Director of Nursing stated, ‘when it first started out as an abrasion? I don’t remember when it started, had a small abrasion on heel. By looking at these notes, it doesn’t look like it healed’.”

The investigator made observations of wound care provided to the resident at 1:32 PM on 03/31/2015 by Licensed Practical Nurse providing care to the resident’s left heel. The Licensed Practical Nurse “took a skin prep wipe and wiped the left heel […and] then left the skin prep on the heel and wrapped with Kerlix.” Licensed Practical Nurse “did not follow the physician’s orders.”

In an 8:02 AM 04/01/2015 interview, the state investigator asked the Director of Nursing if “she looked at the [resident’s heel] left wound.” The Director of Nursing replied, “I redressed it. It has scabbed over.” However, when the Director was informed “the nurse cleaned his left heel wound with skin prep during the wound care on 03/31/2015 and there was an order on 03/30/2015 [by the resident’s physician] to discontinue the skin prep to the left heel and apply Vaseline.” The Director of Nursing replied, “I wrote that order. It is supposed to be Vaseline.”

Our Memphis nursing home neglect lawyers recognize a failing to follow protocols and provide all necessary treatment to allow an existing bedsore to heal could place the health and well-being of the resident in immediate jeopardy. The deficient practice by the nursing staff at Quality Care Center of Memphis might be considered negligence or mistreatment because their actions failed to follow state and federal nursing home protocols.

ASHTON PLACE HEALTH and rehabilitation CENTER
3030 Walnut Grove Rd
Memphis, Tennessee 38111
(901) 458-1146

A “For-Profit” 211-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide Every Resident Necessary Services and Care to Ensure Their Highest Well-Being Is Maintained

In a summary statement of deficiencies dated 05/11/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “follow a physician’s order for restorative nursing therapy.” This deficient practice of the nursing staff at Ashen Place Health and Rehabilitation Center affected one resident “reviewed for restorative nursing services.”

The deficient practice was noted by the state investigator who reviewed the resident’s 02/15/2015 physician’s orders for restorative physical therapy and occupational therapy making reference that the resident was “non-ambulatory.” However, the “facility was unable to provide documentation [that the restorative therapy had been provided].”

The investigator reviewed the resident’s Quarterly Minimum Data Set with Assessment Reference Date (ARD) of 03/02/2015 documenting that the resident “had a cognitive summary score of 14 out of a possible 15.” This score indicates that the “resident was cognitively intact, required extensive assistance of staff or transfer, hygiene and bathing, was non-ambulatory, was unsteady while standing and transfer and had no impairment in a functional range of motion.”

As a part of the investigation, the state surveyor interviewed the resident 11:55 AM on 05/05/2015 in the resident’s room revealing the resident “to be alert and oriented to person, place, time and situation. The resident was asked if she was able to get up and about.” The resident replied, “I can’t stand by myself, my legs are very small. I get up and go to the beauty shop, I can stand and pivot with the CNA’s (Certified Nursing Assistant) help to the wheelchair. I’m supposed to be having therapy.”

The surveyor conducted a 1:00 PM 05/08/2015 interview with the B-Wing Nurse’s Station nurse who was “asked how the facility process physician’s orders for restorative nursing services.” The nurse replied, “the nurse will place a physical order in [the physical therapy’s] box.” The surveyor then asked, “how did restorative nursing did not get started for [the resident].” The nurse replied, “I’m not sure.”

An interview was conducted with a different nurse and 9:30 AM three days later on 05/11/2015 in the transitional room who “was asked why the restorative nursing did not start working with [the resident] when the order was written on 02/15/2015.” That nurse replied that the physician “wrote the order in February 2015. The weekend nurse let the ball drop there. The order never made it into the restorative or rehab [logs].”

WHITEHAVEN COMMUNITY LIVING Center
1076 Chambliss Road
Memphis, Tennessee 38116
(901) 396-8470

A “For-Profit” -certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide Residents an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent an Avoidable Accident from Occurring

In a summary statement of deficiencies 6/10/2015 a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “ensure residents at risk for falls were adequately supervised, had appropriate interventions implemented for each fall.” This deficient practice effective for two residents at the facility.” In addition, the state investigator noted the facility’s “failure to provide adequate supervision to prevent injuries from falls resulting in actual harm to [a resident].”

The deficient practice was noted after state investigator reviewed a resident’s 01/13/2014 Fall Risk Care Plan documenting “fall risk related to attempts at unassisted ambulation with a history of Falls and throwing herself out of bed and or chair, seizure disorder, schizophrenia, vascular dementia with depression. The goal for this problem documented: Will minimize risk for falls and injuries through next review on 04/14/2015. The approaches for this problem include [keeping] the resident in travel areas/staff view when up.”

However, even though the risk fall Care Plan noted that the resident should remain in view of the staff in travel areas to minimize the potential of falling, the surveyor noted that a review of the 11:30 AM 01/20/2015 Nurses’ Progress Note: Heard noise from room, observed resident on the floor in front of Geri-chair.” Notations made in the facility’ is investigation documented: Conclusion: Resident can’t be left unattended while up in chair even with safety measures in place.”

The 1:00 PM 03/25/2015 Nurses Progress Note documents: Heard noise from room observed resident on the bottom in front of the chair, crying, no apparent injury, denies hitting the head.”

Later that same day at 6:00 PM, the nurses progress note documents that the resident has “increased pain to left-hand little finger area upon observation site swollen with some bruising noted. Also, pain voiced with hand movement. Received new order for an x-ray of the left hand.” Later that evening at 10:00 PM, the nurses progress notes documents: x-Ray: acute: acute fifth metacarpal fracture.”

The state investigator he interviewed the Director of Nursing at 10:15 AM on 06/10/2015 and asked, “what you would expect the nursing staff to do when the resident was up in the Geri-chair to prevent falls.” The Director of Nursing replied, “I would expect them to have her in bed if she were in her room and have her in sight if up in a Geri-chair.”

At the conclusion of the investigation, the investigator noted the facility’s failure to provide adequate supervision to prevent injuries from falls resulted in the actual harm of [the resident].”

Our Memphis nursing home neglect attorneys recognize that failing to follow protocol to ensure that every resident is provided an environment free of accidents and provide adequate supervision to prevent an avoidable accident could place the health and well-being of the resident in immediate jeopardy. The deficient practices of the nursing staff at Whitehaven Community Living Center failed to follow established procedures and protocols including the facility’s policy title: Fall Risk Management that reads in part:

“Residents will be assessed for fall risk potential. Interventions will be implemented as needed to help manage the potential for falls and assist in minimizing the risk. Interventions will be re-evaluated for effectiveness during Care Planning and as needed. The Fall Risk Care Plan is to be updated after each fall, quarterly and with any significant change in condition.”

Nursing Home Abuse & Neglect Resources
Client Reviews
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric