Kingman Arizona Nursing Home Abuse Lawyers

Kingman Nursing Home Injury AttorneyIt is hard to face the sad reality that many of our senior citizens in the United States living in nursing facilities are mistreated, abused or neglected. Once thought to be an uncommon occurrence, the mistreatment of the elderly living in nursing facilities has become rampant. The Kingman nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC recognize that the serious problem has become all too commonplace in Arizona too.

As a way to circumvent this horrible ongoing problem, the United States Congress enacted in 1987 Nursing Home Reform Act (NHRA) as a way to ensure that the elderly, disabled and infirmed will receive quality care and assistance. The legislation provides various rights that include the right to:

  • Privacy
  • Freedom from being abused
  • To be treated with respect and dignity
  • Freedom to make a complaint against the facility without facing discrimination

While the NHRA act of 1987 does provide an avenue of legal/financial recourse for victims of nursing home abuse, it does not stop the unacceptable behavior that causes injury or death to many nursing home victims every year.

Mohave County Nursing Home Health Concerns

Our Arizona elder abuse attorneys recognize the difficulty in taking action against those who cause your elder loved one abuse, mistreatment or neglect. In an effort to provide assistance, our accomplished Kingman nursing home lawyers routinely review publicly available databases, searching for opened investigations, health concerns and filed complaints against nursing facilities throughout the state. We have posted this publicly available information in an effort to help families make the best informed decision possible before placing a loved one in a nursing facility in the Kingman area.

Comparing Kingman Area Nursing Facilities

The list below contains nursing facilities that currently maintain below average rating according to the federal national databases including Medicare.gov. We post this information along with our primary concerns involving acts of abuse, accident hazards, drug errors and other serious problems that jeopardize the health and well-being of residents.

THE LEGACY REHABILITATION AND CARE CENTER
2812 Silver Creek Road
Bullhead City, Arizona 86442
(928)763-1404

A “For-Profit” 120-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Develop, Implement and Enforce Policies to Prevent Mistreatment, Neglect or Abuse of Residents

In a summary statement of deficiencies dated 11/07/2014, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “implement their abuse policy regarding allegations of abuse.” This deficient practice affected one resident at the facility.”

The deficient practice was noted at the state investigator reviewed the “facility’s investigative documentation regarding an allegation of staff to resident abuse [occurring on 05/29/2014 revealing] there were no staff interviews conducted.” The state investigator also reviewed the facility’s investigative documentation regarding an incident of resident [abuse] to the State Agency within five working days of the reported incident as per their policy.”

The state investigator conducted a 11/06/2014 interview with facilities Administrator in Training who stated “that there should have been staff interviews included in the report. The Administrator in Training also stated that the previous Director of Nursing “had called in the original report and then left the facility around that time and probably did not send the final report as required.”

Our Bullhead city nurses neglect attorneys recognize that any failure to follow protocol involving abuse and nursing facilities has the potential causing additional harm to the resident. The deficient practice of the nursing staff and Administrator at The Legacy Rehabilitation and Care Center might be considered additional abuse, mistreatment or neglect because it fails to follow the facility’s own Abuse Policies that read in part:

“All reports of abuse, neglect and injuries of unknown source shall be promptly and thoroughly investigated by the facility management […and] a thorough investigation should include interviews with staff members, from all shifts, who may have had contact with the resident during the period of the alleged incident […and] the administrator [will] provide a written report of the results of the abuse investigation and appropriate action taken to the State Survey and Certification Agency within five working days of the reported incident.”

DESERT HIGHLANDS CARE CENTER
1081 Kathleen Ave
Kingman, Arizona 86401
(928) 753-5580

A “For-Profit” 120-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Follow Procedures and Protocols When Providing Treatment to Heal an Existing Bedsore

In a summary statement of deficiencies dated 04/30/2015, a complaint investigation was opened against the facility for its failure to “thoroughly assess the pressure ulcer upon admission and consistently provide wound care for [a resident at the facility].”

The deficient practice was noted after review of the resident’s physician’s orders dated 09/10/2014 that revealed “wound care orders to cleanse coccyx open area with normal saline, pat dry, apply hydrogel and cover with dressing daily until healed.” The state investigator noted upon a review of the resident’s 09/10/2014 Assessment Data Collection Form that there was “no stage or measurements were noted” in regards to the resident’s pressure ulcer to their coccyx.

Reviewing the resident’s TAR (Treatment Administration Record) “revealed the treatment was not provided until 09/12/2014” or two days after the physician’s orders were received. Four days after the initial physician’s orders were received, the Nurse’s Notes reveal “the first documentation of the pressure ulcer was a Stage IV”, which can be a life-threatening wound. Upon a 09/14/2014 wound evaluation it was noted that the “pressure ulcer in the coccyx measured four by four centimeters, that slough and necrotic tissue is present, wound margins intact, surrounding tissue, no odor, no drainage and positive for pain.”

The surveyor conducted a review of the resident’s care plan for pressure ulcers which read “apply dressing per physician’s orders, observe dressing for any signs of exudate, assess for color and amount, monitor wound status – include weekly the size of the wound, measurements of depth, width, skin color and the surrounding skin assessment.”

On 04/28/2015 at 3:15 PM, the state surveyor conducted an interview with the facility’s Director of Nursing who stated “a resident assessment should be conducted upon admission which included the complete skin assessment and if there were any skin issues, the doctor should be contacted for orders […and] it is not appropriate for the resident to go for days without a completed skin assessment or appropriate for treatment not to be administered as ordered.”

Our Kingman nursing home neglect attorneys recognize that any failure of the nursing staff to follow procedures and protocols when treating a resident with bedsores could place the resident’s health and well-being in jeopardy. The deficient practice by the nursing staff might be considered negligence or mistreatment because it does not follow their own policy title Skin Assessment that reads in part:

“The resident will have a complete assessment of the skin upon admission and weekly during the state. The skin assessment is documented in the admission nurse note and on the administration assessment. If the wound is present it is assessed and documented according to the Wound Assessment policy and procedure.”

THE GARDENS REHABILITATION AND CARE CENTER
3131 Western Avenue
Kingman, Arizona 86401
(928) 718-0718

A “For-Profit” 128-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Provide Residents an Environment Free of Physical Restraints Where Not Required for Medical Treatment

In a summary statement of deficiencies dated 09/04/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “provide ongoing assessments for the continued use of a tilt back wheelchair, and determine if there were specific medical symptoms that warranted the use of the device for [a resident at the facility].”

The deficient practice was noted after the state surveyor conducted a full review of a resident’s records including a 01/23/2012 document “typed on the facility letterhead… And signed by the residents attending physician, included that a tilt in space wheelchair could eliminate the potential for the resident to slide forward out of the chair while promoting correct posture with lateral support and that the resident was not able to presently propel his wheelchair independently as by doing so he tends to slide forward, has fallen and that would be nearly impossible in the tilt in space wheelchair.”

However, the state surveyor noted that a review of the resident’s fall risk assessment indicated that the “resident had no falls in the past three months and had a balance problem standing, however, was assess to not be a risk for falls.” The surveyor also reviewed the resident’s MDS (Minimum Data Set) revealing that” the resident transferred to a standing position with extensive assistance of one person and that a chair that prevented the resident from rising was not used.

The state surveyor conducted in 08/28/2014 observation of the resident who “was in a tilt back wheelchair in his room. At the time, family member stated that the resident had fallen multiple times for regular wheelchair as he would scoot to the edge of the chair, bend down and fall. The family member stated that it was a little harder for the resident to get up from this type wheelchair when it was reclined, but the resident had not had any falls from this wheelchair.

The state surveyor recognized that there was no clinical record revealing documentation “that the resident had been consistently reassessed and monitored during 2013 2014 for the continued use of a tilt back wheelchair in order to determine if it was a restraint.” In addition, there was no documentation noting “if there were medical symptoms that warranted for [the continued use of the tilt back wheelchair] and if the least restrictive measures had been attempted prior to implementing” the use of this type of restrictive wheelchair.

In 08/20/2014 interview with the facility’s Administrator in training, it was revealed that the Administrator “was unable to locate any ongoing assessments for the continuing need of the tilt back wheelchair.” During the interview, the Administrator indicated that “the facility was a restraint free facility.”

Our Kingman nursing home abuse attorneys recognize that failing to follow procedures and protocols concerning physically restraining residents without proper authority or assessments might be recognized as a form of abuse or mistreatment. The deficient practice might have cause a resident harm because it does not follow the facility’s policy regarding restraints that reads in part:

“Residents would be assessed for all assistive devices to ensure that they do not prevent free movement by the resident, no less than quarterly.”

What to Do

If your loved one is suffering hurt, injury or has died through the abusive or negligent actions of the nursing staff, there are three essential things that must be done now. They include:

  • Make sure that your loved one receives medical attention immediately to ensure their long-term recovery.
  • Take quick action to prevent any injuries in the future.
  • Recognize it is not the victim’s fault, but the fault of others who were in charge of providing care and safety of the victim.

Taking Action against Abuse and Neglect

If you serve as a legal advocate for your loved one residing in a nursing facility in Arizona, it is imperative to take immediate action to ensure their safety at the first sign of abuse or neglect. Reporting an incident of abuse or signs of negligence to the state hotline is typically the first step. Next, you want to report your suspicions to the facility’s Administrator and/or Director of Nursing. By law, they must properly investigate the allegation and interview all parties involved before reporting their findings to the State Agency.

Finally, you will want to consider hiring a skilled personal injury attorney who specializes in nursing home abuse cases. A competent lawyer can investigate your claim, gather evidence, speak to eyewitnesses, review medical/hospital records and build a civil case against the facility and/or all parties involved. In addition, the attorney can take steps to build a claim for compensation to ensure your loved one receives the recompense they deserve for their injuries, harm or damages.

The Kingman nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC can assist you in navigating the complex and comprehensive legal process necessary to hold those legally accountable and provide your loved one for financial compensation they deserve. Our Arizona team of dedicated, knowledgeable lawyers has provided legal representation in victim cases involving abuse, mistreatment and neglect occurring in nursing facilities throughout Mohave County.

Contact us today by calling our Arizona elder abuse law offices at (888) 424-5757. Schedule your free, no obligation appointment today to discuss your case with one of our skilled attorneys. We accept all personal injury claims, wrongful death lawsuits and nursing home abuse cases through contingency fee arrangements. This means all of your legal fees are paid only after we are successful in your lawsuit trial or negotiate an acceptable amount of financial compensation in your out of court settlement.

For additional information on Arizona 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.

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