Phoenix Arizona Nursing Home Abuse Lawyers

Phoenix Nursing Home Injury LawyersAbuse, neglect and mistreatment occurring in nursing facilities is a challenging problem to face. Unfortunately, many types of elder abuse and neglect exists in various forms that are not always clearly evident. The Phoenix nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC are witnessing an ever-increasing amount of cases involving abusive behavior, negligence against nursing home victims who are often the most vulnerable and frail. In many incidences, even the most severe case will go unreported because the victim fears retaliation.

The size, scope and numbers of inhabitants of Maricopa County have risen exponentially in the last few decades. The population of the thriving Phoenix metropolitan area has exploded to over 4 million individuals in recent years, of which more than 160,000 are elderly citizens. Many seniors chose to move to the Grand Canyon State to enter their retirement years in a warmer, healthier and more enjoyable climate. However, this influx of the elderly has placed a heavy burden on nursing facilities that are often challenged to meet the demands in an overcrowded residential environment. The results of a lack of sufficient or not properly trained staff have produced catastrophic results in many nursing homes throughout Arizona.

Persistent shortages of professional medical staff to fill positions in nursing facilities often result in employees needing to work double shifts. Because of this burden, some nursing home administrators have chosen to outsource some or all of their nursing staff by bringing in nurses from outside agencies who are often not familiar with the specific needs of the resident’s living in the facility.

Maricopa County Nursing Home Health Concerns

Placing the blame on every incident involving neglect and abuse occurring in nursing facilities because of overworked, stressed out nursing personnel is unrealistic. This is because many incidences of actual cases of neglect are caused by lack of training or the failure of the administration to enforce existing policies, procedures and protocols designed to eliminate serious issues. Many cases of abuse are the result of poor hiring practices where the administration and nursing staff failed to follow proper measures and perform adequate background checks before filling much-needed positions in the nursing home.

Our Phoenix elder abuse attorneys have long served as legal advocates for Arizona nursing home residents who are victimized by their caregivers, other residents, visitors and friends. Our Maricopa County nursing home lawyers continuously review opened investigations, filed complaints and health concerns at nursing facilities statewide. We publish this publicly available information to assist families in making solid, well-informed decisions before placing their loved one in the hands of professional medical staff members to ensure they receive the highest level of health and hygiene care.

Comparing Phoenix Area Nursing Facilities

The detailed list below outlines many of the nursing facilities throughout the Phoenix area that currently maintain a below average rating comparable to other facilities nationwide. This publicly available information has been gathered from many national databases including Medicare.gov. In addition, our Phoenix nursing home neglect lawyers have summarized our primary concerns over specific facility failures and posted the results below.

GRACE HEALTHCARE OF PHOENIX
4202 North 20th Avenue
Phoenix, Arizona 85015
(602) 264-3824

A “For-Profit” 100-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Ensure That Residents Are Free from Accident Hazards and Provide Adequate Supervision to Prevent Avoidable Accidents from Occurring

In a summary statement of deficiencies dated 06/11/2015, a complaint investigation against the facility was opened for its failure to “ensure that adequate supervision and preventative measures were in place for [a resident] to help prevent further falls.” This failure of the facility affected one resident with a Brief Interview for Mental Status (BIMS) score of 11 where scores between eight and 12 “indicate moderate cognitive impairment.”

The state investigator reviewed the resident’s Care Plan revealing that the resident “was at risk for falls related to a new environment.” In addition, a goal was set “for the resident to be free of falls and experience no injuries. Interventions included the following: assist with ambulation, keep wheelchair within reach at all times, referred to physical therapy as needed, keep call light within reach, remind resident to ask for assistance, and to monitor for changes that may warrant increased supervision/assistance and notify the physician.”

The claim investigation was initiated after “the resident found on the floor, because everyone ignores him when he asked for help. Again the intervention was to remind the resident to use his call light when he needed help.” This documentation was noted in the 07/26/2014 Nursing Note.

The 12/04/2014 Nursing Note indicated that the “resident was found on the floor between his bed and his dresser. He said he fell while he was trying to get out of bed.” In addition, the resident “was encouraged to use his call light and asked for help when needed.”

The state investigator noted that “Despite multiple falls, there was no documentation that any increased supervision or ongoing safety measures were consistently implemented to help prevent additional falls.”

The state investigator conducted a 07/11/2015 10:10 AM interview with the facility’s Director of Nursing who revealed “that she started at the facility during the last month […and] she was not sure what the facility did for falls at that time […and] that she knew that all falls were reviewed by the interdisciplinary team but had no documents of this.” In addition, the Director of Nursing stated that “as far she knew, interventions, anti-tipping wheelchair, a substance to prevent slipping used for wheelchairs, safety alarms and increased supervision were not attempted. She also said that there were a few falls when there were no new interventions documented […and] that it appeared that the intervention of re-educating the resident to use the call light was ineffective, but staff used the intervention after multiple falls […and] that since she had been in the building, staff are looking at root causes of falls and beginning appropriate interventions and updating the Care Plans.” However, “after this fall, the Care Plan was updated in relation to the fall, but no new interventions were noted.”

Our Phoenix nursing home neglect attorneys recognize the failing to follow protocols to ensure that residents are free from accident hazards and provide adequate supervision to ensure that avoidable accidents are prevented might be considered negligence or mistreatment. In addition, the deficient practice by the nursing staff fails to follow procedures and protocols adopted by Grace Healthcare of Phoenix including the facility’s policies to reduce the risk of falls and injuries.

SUNCREST HEALTHCARE CENTER
2211 East Southern Avenue
Phoenix, Arizona 85040
(602) 305-7134

A “For-Profit” 115-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide Adequate Medical Services and Follow Protocols to Prevent an Existing Bedsore from Healing or Prevent a New Bedsore from Developing

In a summary statement of deficiencies dated 01/26/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “ensure [a resident] received care services to prevent the development of a pressure ulcer.” This deficient practice at the facility involved one resident with a 07/08/2014 Braden Scale for Predicting Pressure Sore Risk results showing the resident “was at high risk for pressure ulcers.”

The deficient practice was noted after review of the resident’s 12/09/2014 Weekly Pressure Ulcer Record documenting that the resident had “an unstageable wound on the left foot that measured 4.0 centimeter by 2.5 centimeters with no depth, drainage or odor. The wound bed was documented as dry, dark blister.” The record also documented “the use of foam heel boots.”

The 12/12/2015 Wound Physician’s Note documented that the resident had “a stage IV pressure ulcer on the left heel, which measured 5.0 centimeters by 3.0 centimeters by 0.2 centimeters and had a small amount of serosanguinous drainage. The wound that was documented as having 26-50% eschar and 1-25% pink granulation.

A review by the state surveyor noted that the resident’s skin care plans were not revised to reflect the physician’s orders. Additionally, there “were no further Braden Scale Assessments completed between October 2014 and December 2014.

The 01/08/2015 Clinical Report Documentation notes that the “resident was admitted to the hospital… due to an unrelated change of condition and return to the facility [at a later date].”

The state surveyor conducted a 01/22/2015 interview with the facility’s Certified Nursing Assistant who stated “that the resident had foam boots that were to be on at all times.”

Our Phoenix nursing home neglect lawyers recognize the failing to follow protocols and procedures when providing care and treatment to residents with existing bedsores can cause additional harm or life-threatening injuries. The deficient practice of the nursing facility at Suncrest Healthcare Center did not follow the facility’s established policies, including their Pressure Ulcer Policy that reads in part:

“Purpose is to promote good skin integrity and to reduce or relieve pressure, or circulation and promote skin protection. The policy included to complete the pressure risk assessment (Braden) no less than quarterly. In addition, the policy stated that the interdisciplinary team will review the resident status and Care Plan for continuing need and/or any modification to the plan.”

SOLTERRA SUBACUTE SERVICES (SFF)
1501 East Orangewood Avenue
Phoenix, Arizona 85020
(602) 944-1574

A “For-Profit” 133-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 Conditions of Immediate Jeopardy and Substandard Quality of Care

In a summary statement of deficiencies dated 08/07/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “secure three respiratory crash carts, which contain multiple needles, IV solutions, lancets and various other items.” The deficient practice of not securing the respiratory crash carts resulted in a “Condition of Immediate Jeopardy (IJ) and Substandard Quality of Care.” In addition, the facility “also failed to assess for the safe use of side rails for three residents [at the facility] and failed to ensure that one resident’s room was free of an accident hazards.”

The deficient practice was noted after a Condition of Immediate Jeopardy (IJ) was identified. The Administrator and Director of Nursing were informed of the facility’s failure to secure three respiratory carts in various locations throughout the building. Residents and family members were observed around the carts at various times.”

In addition, state surveyor further observed “that the carts were unsecured and had needles, lancets and IV solutions [… with] no effective system in place to verify the contents of the carts.”

Our Phoenix elder abuse attorneys recognize failing to follow protocols, policies and procedures can place the lives and well-being of residents in grave danger. The deficient practice of not securing respiratory crash carts so that residents, visitors and others do not have unsupervised access to needles, IV solutions, lancets and other items might be considered negligence. In addition, the nursing staff at Solterra Subacute Services failed to follow the facility’s January 2012 policy titled Code Cart that reads in part:

“Respiratory Therapy will check every code cart daily. The daily checks will be recorded by initials of the person performing the checks in the log book kept on each cart.

All code carts are checked every day by the Respiratory Therapists or designee for all areas included on the checklist […and] if any equipment is missing, it will be replaced immediately or the code cart will be taken out of circulation until equipment is replaced.”

THE TERRACES OF PHOENIX
7550 North 16th Street
Phoenix, Arizona 85020
(602) 944-4455

A “Not for Profit” 64-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 and Protocols to Prevent the Spread of Infection throughout the Facility

In a summary statement of deficiencies dated 05/06/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “ensure the Quality Assurance (QA) committee identified quality concerns regarding infection control and implemented corrective action.”

The deficient practice was noted because even though during the survey process, concerns were identified the regarding the facility’s failure to implement infection control procedures for two residents with symptomatic [medical conditions] who are not on contact precautions. Staff were observed entering and exiting the residence rooms, without donning the appropriate PPE [personal protective equipment].”

The state surveyor observed that “there was no PPE (personal protective equipment) available for staff outside the residence rooms or in the hallway, and the Administrator stated that gowns would need to be ordered. Also, there were no signs outside the residence rooms to alert visitors and residents to check with the nurse before entering.”

Additionally, two residents at risk of spreading infection to others “were also observed in the facility’s dining room on 05/04/2015 and 05/05/2015 without gloves or gowns in place.” The result of these factors led to a Condition of Immediate Jeopardy (IJ).

The state surveyor conducted a 05/06/2015 interview with the facility’s Administrator “who stated that they had not identified any concerns regarding infection control measures related to contact precautions and that these concerns were not in the [Quality Assurance and Performance Improvement (QAPI) System (a systematic, data-driven, comprehensive, proactive approach to performance management and improvement].”

Our Phoenix elder neglect attorneys recognize the failing to develop, implement and enforce policies to prevent the spread of infection throughout the facility has the potential to jeopardize every resident. The deficient practice by the nursing staff and administration violates the terraces of Phoenix’s adopted protocols and procedures including its Quality Assurance and Performance Improvement (QAPI) System that is designed to provide security through various means including:

“[Creating] a self-sustaining approach to improving safety and quality also stated as QA is the process of meeting quality standards and assuring that care reaches an acceptable level.”

The activities of [Quality Assurance and Performance Improvement (QAPI) System] involve members at all levels of the organization to: identify opportunities for improvement, address gaps in systems and processes; develop and implement an improvement or corrective plan; and continuously monitor effectiveness of interventions.”

WESTCHESTER CARE CENTER
6100 South Rural Road
Tempe, Arizona 85283
(480) 831-8660

A “Church-related Not-For-Profit” 64-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Follow Procedures and Protocols When Destroying Medications That Were Dispensed but Not Administered

In a summary statement of deficiencies dated 10/03/2015, a complaint investigation against the facility was opened for its failure to “ensure one Licensed Practical Nurse followed facility policies and accepted nursing practices for the destruction of medications that were dispensed but not administered.” This deficient practice involved one registry nurse at the facility who was “oriented to facility policies and practices on 02/23/2015.”

The complaint investigation was initiated after a review of personal information involving the Licensed Practical Nurse that revealed “documentation that the LPN had a valid license that was active in good standing with the Board of Nursing” and facility investigative documentation regarding possible drug diversion [which revealed] that on 03/05/2015, during a medication/narcotic reconciliation, a facility nurse found that [the Licensed Practical Nurse] had removed four tablets of [an anti-anxiety medication] from a resident’s medication cart and could not account for the medications.”

Additional investigative documentation revealed that “a signed statement dated 03/06/2015 [by the Licensed Practical Nurse] stated that [the nurse] was in the process of administering medication to two different residents, one resident was to receive [a narcotic pain medication] and another resident was to receive [an antianxiety medication].” However, the nurse stated she did not administer the medications and realize she had taken both doses out of the wrong card and place them back in the cart.”

The state surveyor conducted a 09/03/2015 interview with the Licensed Practical Nurse “who had performed the first mycotic count with [the LPN in question] around 9:30 PM on 03/05/2015.” The second Licensed Practical Nurse stated that the LPN in question “had to leave early as the nurse who would be relieving her had not arrived, so she offered to count the narcotics with [the LPN in question].” During the medication, “it was discovered that a blister pack for one resident was missing four tablets that were not accounted for on the control log.” The assisting Licensed Practical Nurse stated that the LPN in question “appeared nervous, but at the time had no explanation as to where the medications were.” At that time, the staff LPN “went and called the Director of Nursing regarding the missing medications […and] stated that [the LPN in question] left the building and when the on-coming nurse arrived they began another narcotic count [to verify the medications were missing].”

The state investigator interviewed the facility’s Assistant Director of Nursing on 09/03/2015 who stated “there is no facility policy regarding the destruction of medications, that the facility followed the pharmacy policies and procedures.” The state surveyor reviewed the job description for Licensed Practical Nurse is at the facility that documents “that all functions shall be performed in accordance with the established policies and practices of the particular institution which the LPN is performing his/her duties.”

Our Tempe nursing home abuse attorneys recognize that any failure to follow protocols and procedures to track, manage, administer, dispense or destroy medications could cause serious harm or injuries to the residents. The deficient practice of the nursing staff at Westchester Care Center fails to follow the facility’s pharmacy policy for destroying medications. That policy reads in part:

“Wasted medication that require disposal) should be destroyed by two licensed nurses employed by the facility, and the disposal should be documented on the accountability record on the line representing that does. This procedure should apply to the disposal of unused doses (whole tablets, partial tablets, unused portions of single dose ampoules and doses of controlled substances) wasted for any reason.”

LIFE CARE CENTER OF PARADISE VALLEY
4065 East Bell Road
Phoenix, Arizona 85032
(602) 867-0212

A “For-Profit” 210-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Follow Procedures and Protocols to Promote the Healing of Existing Bedsores

In a summary statement of deficiencies dated 03/27/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “provide care treatment to promote healing for three residents [at the facility] with pressure sores.” The deficient practice was noted in part due to a resident admitted to the facility with a Braden Scale for Predicting Pressure Sore Risk acquired on 02/05/2015 revealing a score of 18 “which indicated the resident was at risk for pressure sores.” On the same day, the Initial Data Collection Tool indicated that “there were no pressure ulcers or open areas to the sacrum and or buttocks area on admission” on the resident’s skin.

However, the resident’s 02/05/2015 Pressure Ulcer Status Form revealed that “the resident had a pressure ulcer to the sacrum which measured 0.3 centimeters by 0.3 centimeters, with a depth of 0.2 centimeters. The wound was described as a stage II pressure ulcer with no granulation and no necrotic tissue. This note also included that the [resident’s] physician was notified by the nurse.”

The Pressure Ulcer/Wound Care Plan initiated the following day “it included that the resident had a sacral pressure ulcer and the goal was to promote healing of the ulcer. One of the interventions was to provide wound care as ordered by the physician.” Four days later, notations made in the Pressure Ulcer Status Form indicated that the Stage II pressure ulcer still measured the same but now had “scant drainage, was red in color, and the resident was now experiencing pain.”

A review of the resident’s MDS (Minimum Data Set) indicate that the resident “had no cognitive impairment [but] required extensive assistance of two with bed mobility and transfers.”

By 02/16/2015, the resident’s Pressure Ulcer Status Form revealed that the resident’s wound “was now suspected deep tissue injury and measured 4.0 centimeters by 1.0 centimeters with unknown depth, at a small amount of drainage, and was maroon in color […and] despite the wound deteriorating and tripling in size, there was no change in the wound treatment.”

Two days later, the Physician’s Progress Note “included that the resident’s wound was seen by the Wound Nurse and had improved.” However, according to the 02/23/2015 Pressure Ulcer Status Record, “the wound was now unstageable, measured 4.0 centimeters by 1.0 centimeters with depth unknown. The wound also had a small amount of drainage and the wound that was covered with 40% slough/necrotic tissue.” The clinical records of the time “revealed there was no documentation the physician had been informed that the one had deteriorated and now contain slough. The Registered Nurse at the facility stated that “the wound to the resident sacrum was so bad that no dressing or cream would have helped.”

The state surveyor reviewed the February 2015 TAR (Treatment Administration Record) that revealed there was “no documentation that the physician’s orders [were followed].” In addition, the resident’s Pressure Ulcer Care Plan “revealed that they have not been updated to include two new pressure ulcers on the resident’s buttocks.”

Our Phoenix nursing home neglect lawyers recognize the failing to follow protocols and procedures when providing care to treat existing bedsores could cause the resident additional harm or serious injury. In addition, the deficient practices by the nursing staff fails to follow the established policies adopted by Life Care Center of Paradise Valley.

SHEA POST ACUTE REHABILITATION CENTER
11150 North 92nd Street
Scottsdale, Arizona 85260
(480) 860-1766

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 Provide Care and Services That Meet Professional Standards of Quality

In a summary statement of deficiencies dated 02/12/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “ensure that care and services were provided that met professional standards of quality.” This deficient practice affected one resident at the facility.

The deficient practice was noted in part after a review of the facility’s 08/19/2014 Nurses’ Notes revealing that “the resident complained of pain was upset because [their medication] had not come in from the pharmacy.” A review of the “facility investigative documentation [indicates that] the resident was crying in pain and the Licensed Nurse explained the resident they were waiting [for the] pharmacy to deliver the pain medication. The report included the resident was given the pain medication. However, after administering the medication the nurse realized she had taken the medication from another resident’s medication card.”

The state surveyor conducted a 02/12/2015 8:38 AM interview with the Unit Manager who stated “that borrowing medication from another resident is not allowed. If the resident is missing a medication, then it can be pulled from the Pyxis. The Unit Manager stated that it is not in the Pyxis, then the nurses to call the pharmacy and the pharmacy will call the medication to the local pharmacy.”

The state surveyor conducted a 02/12/2015 8:57 AM interview with the facility’s Director of nursing who stated “the expectation of nurses is to use the five rights of administration.”

ACUITY SPECIALTY HOSPITAL OF ARIZONA AT MESA
215 South Power Road
Mesa, Arizona 85206
(480) 985-6992

A “For-Profit” 60-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Report or Investigate Any Act or Allegation of Mistreatment, Abuse or Neglect

In a summary statement of deficiencies dated 07/28/2014, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “thoroughly investigated notify the State Agency regarding an allegation of abuse for [a resident at the facility].”

The deficient practice was noted after review of the Acuity Specialty Hospital of Arizona at Mesa’s report revealing “that the resident called the police department on 01/21/2014, and reported that he had been assaulted. The report included that the resident had called the police, because he was not happy about an injection that he received earlier in the day, which he did not want.”

Documentation indicates that the time the resident was given the injection “there were multiple witnesses […and] the resident repeatedly stated he did not want the injection, but was given it anyway, and the resident was deemed incompetent to make his own decisions by his position. However, there was no documentation to support that the resident was deemed incompetent by a court of law.”

The state investigator conducted a 07/23/2014 11:30 AM interview with the facility’s Director of Quality and Risk Management who stated “that this incident was not looked at as an abuse allegation, because she felt that the resident had called the police, because he received an injection he did not want and that this was not a problem since the physician had deemed the resident incompetent to make his own decisions.”

During the same interview, the Director also stated “that there were a lot of witnesses to the injection and none of them noted any abuse […and] there was no statement taken from the resident, but it was understood that he called the police about the injection […and] that the report noted that all the parties were notified and should include the State Agency.”

Our Mesa nursing home abuse attorneys recognize the facility failed to follow their own protocols by reporting the abuse allegation to the State Agency. The deficient practice might be considered mistreatment or abuse because the nursing staff and administration failed to follow their own policy and procedures regarding abuse and neglect. The policy reads in part:

“All alleged violations are to be thoroughly investigated by staff member designated by the administrator […and] that all allegations involving abuse will be reported to the State Agency.”

MI CASA NURSING CENTER
330 South Pinnule Circle
Mesa, Arizona 85206
(480) 981-0687

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

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Follow Procedures and Protocols to Keep Infection from Spreading throughout the Facility

In a summary statement of deficiencies dated 03/11/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “ensure that contact precautions were implemented for one resident [at the facility].”

The deficient practice was noted after an initial review of resident’s records including the very 22,015 through 03/11/2015 Nurses’ Notes. The 03/10/2015 Nurses’ Notes revealed “of the resident and the residents’ guests were educated on contact precautions” because laboratory results indicated that the resident tested positive for contagious infection.

However, “further clinical record review revealed there was no documentation of the resident’s noncompliance with the established contact precautions or that he was educated, no documentation that this noncompliance was care planned.

While the isolation cart was positioned “outside the resident’s room and a sign was posted to see the nurse before entering the room. It was also observed that the resident was wheeling himself from the hallway of Station One to his room with no personal protective equipment (PPE) in place.”

Later in the day at 12:44 PM, and observation revealed “the resident had to visitors in his room and neither were in gowns and gloves as required.” The following day, an observation of the resident revealed that the resident “was observed outside of his room and was wheeling himself to the nurses Station One to his room with a staff member alongside him telling him to go inside his room. During the observation the resident was not wearing any PPE that would protect other residents and staff.”

Later that day, the resident was once again observed “in his wheelchair which was halfway out of his room. Again the resident’s arms and legs are located outside the room’s doorframe […and] the resident did not have PPE in place to be out of his room.” It was during this time that “a volunteer staff was walking by the hallway and was seen doing high five with the resident while the resident was sitting in his wheelchair.” The volunteer staff was not wearing personal protective equipment and “was observed then going into the facility’s kitchen.”

Our Mesa nursing home neglect lawyers recognize it failing to follow protocols to keep inspection from spreading throughout the facility could potentially harm other residents. The deficient practice by the nursing staff may be considered negligence or mistreatment.

SYMPHONY OF MESA
3130 East Broadway Road
Mesa, Arizona 85204
(480) 924-7777

A “For-Profit” 204-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Provide Residents Routine and 24 Hour Emergency Dental Care

In a summary statement of deficiencies dated 12/19/2014, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “assist [a resident at the facility] in obtaining dental services.”

The deficient practice was noted after the state surveyor review the facility’s nurse’s notes indicating that “the resident woke up was swelling of the mouth and lips on 04/16/2014 at 9:51 AM. He was assessed and started on [a medication] for dental abscess. A dental consultation was to be ordered.” However, a review of the 04/26/2014 3:23 AM Nurses’ Notes indicated that the “resident remained on antibiotic therapy as ordered for a dental abscess” and there was no documentation of a dental referral indicated in the resident’s clinical record.”

The state surveyor conducted a 12/17/2014 interview with the facility’s Director of Nursing who stated “that a nurse should have taken the order and the Unit Secretary should have documented the order and followed up on it.”

Our Mesa nursing home neglect lawyers recognize that the facility failed to follow their procedures and protocols that caused the resident additional harm. Deficient practice by the facility might be considered mistreatment, neglect or abuse because it does not follow the facility’s policies, especially the Policy and Procedure for Dental Services that reads in part:

“Routine and emergency dental services are available to meet the resident’s oral health services in accordance with the resident’s assessment and plan of care […and] that oral health services are available to meet the resident’s needs and that routine emergency services are to be provided.”

The state surveyor noted that “nursing services are responsible for notifying Social Services of the resident’s needs for dental services. Social Services personnel were responsible for assisting the resident/family and making dental appointments and transportation arrangements as necessary.”

Can My Injuries Lead to a Civil Claim or Lawsuit?

Nursing facilities can be held legally accountable for acts of abuse, negligence or mistreatment occurring on the premises that causes harm, damage, injury or death of the resident. Sadly, there are countless intentional and unintentional actions, accidents, failures and direct abuse occurring in nursing homes. When the harm occurs because of the actions or inaction of an employee, visitor or other resident, the facility might be legally responsible. The most common examples of civil nursing home abuse lawsuits involve the facility’s failure to:

  • Maintain a premises free of accident hazards.
  • Ensure that all employees will not abuse, neglect or intentionally harm a resident.
  • Provide adequate supervision that leads to a resident falling or becoming injured through negligence, abuse or mistreatment.
  • Develop, implement, maintain and enforce safety and health policies.
  • Provide necessary medical treatment in accordance with physician’s orders and medical standards of care to meet the specific needs of the resident.

Proving Legal Liability Is Typically Complex

Your loved one has been injured while residing in a nursing care facility, determining exactly what happened can be legally challenged. Proving legal liability is often extremely complicated. Filing a claim or lawsuit to receive financial compensation for your damages usually requires the skills of a reputable Arizona personal injury attorney who has handled many successful nursing home abuse and neglect cases.

The Phoenix nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC can ensure that your rights are protected and evaluate the conditions of your case to see if seeking compensation is worth pursuing. Our Arizona team of dedicated reputable attorneys has years of experience handling cases involving abuse, negligence and mistreatment happening in Phoenix area nursing homes. Our lawyers will investigate your claim, gather evidence, speak to witnesses, evaluate medical records, assess the documentation and build a case on your behalf.

Schedule your no obligation, free full case consultation today by calling our Phoenix elder abuse law offices at (888) 424-5757. We accept all nursing home neglect and abuse cases through contingency fee arrangements. This means no upfront fees are required as all of our legal services are paid only after we negotiate an acceptable out of court settlement or obtain your jury award at the end of a successful lawsuit trial.

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.

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