Yuma Arizona Nursing Home Abuse Lawyers

Yuma Elder Neglect AttorneysOften times, the decision to move a loved one into a nursing facility is the result of families who are unable to provide adequate care and assistance any longer. Unfortunately, many of these nursing facilities failed to provide the level of attention and medical treatment necessary to ensure the health and well-being of the resident. In fact, the Yuma nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have witnessed a significant rise in the levels of psychological and physical abuse occurring in nursing facilities statewide.

Nursing homes house society’s most frail and vulnerable individuals. Many of these people are disabled, elderly or infirmed and no longer have the ability to protect themselves against harm. In many incidences, it is challenging for them to speak up against those that cause the mistreatment, neglect or abuse or are too embarrassed, too ill or too afraid of getting others into trouble. Sadly, the only way to ensure that your loved one is not hurt is to serve as their full-time advocate and spend as much time at the facility as possible to ensure that nothing goes wrong.

Yuma County Nursing Home Health Concerns

Statistics maintained by the CDC (Centers for Disease Control and Prevention) show that nearly one out of every four nursing facilities throughout the United States are cited every year for resident’s injuries or death. These numbers are often skewed because the true number of cases involving abuse and neglect in nursing facilities go unreported for various reasons. Sadly, the catastrophic results of many signs of mistreatment are shockingly common where victims acquire life-threatening bedsores, slip and fall due to a lack of assistance, live in filth, are given the wrong medication or become a victim of a broken system.

In an effort to provide assistance to families, our Yuma County nursing home lawyers routinely review many of the national databases of nursing facilities throughout the United States. The publicly available information outlines many of the health concerns, opened investigations and filed complaints and nursing facilities throughout Arizona. We post our results in an effort to help families make better decisions when placing a loved one in the hands of professional caregivers.

Comparing Yuma Area Nursing Facilities

The list below contains the nursing facilities throughout the Yuma area currently maintaining below average ratings and the national databases, including Medicare.gov. In addition, our Arizona elder abuse lawyers have posted their primary concerns detailing the health hazards, maintenance issues, abuse of nursing staff and other serious problems that have caused resident’s harm, injury and/or death.

PALM VIEW REHABILITATION AND CARE Center
2222 South Avenue A
Yuma, Arizona 85364
(928) 783-8831
A “For-Profit” 143-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

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

In a summary statement of deficiencies dated 05/14/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “implement their policy regarding abuse.” This deficient practice involves three residents at the facility.

The deficient practice was noted after review of the facility’s 09/11/2014 Final Investigative Report revealing “a resident to resident altercation occurred on the 300 unit on 09/06/2014 at 8:30 AM between [2 resident]. The report reflected that [1 resident] became aggressive with [another resident] pouring a bucket of diluted cleaning solution over [the resident’s] head and then attempted to hit the resident.” The report documents that staff members “witnessed the incident and were able to intervene before [the aggressive resident] was able to make contact with [the other resident].”

The state surveyor noted that “the investigative report… did not include documentation of interviews with staff witnesses or interviews with residents involved.”

An interview was conducted on 05/13/2015 at 10:41 AM with the facility’s Director of Nursing who explained “that a thorough investigation of a resident to resident altercation and abuse [should include] determining what had occurred, the possible reason for the altercation and interviews with the residents involved, as well as witnesses, such as other residents and staff […and] that this information would be part of a complete investigation sent to the State Agency.”

In a 05/13/2015 interview with the facility Administrator, it was revealed that “she was unable to find any document in the that a thorough investigation was conducted.”

The state surveyor reviewed the state’s play database to show that the Director of Nursing reported another allegation involving “staff to resident physical abuse involving [a resident at the facility] which had allegedly occurred on 07/22/2014. Per the report, the resident had been beaten by a couple of different staff members, because she would not take her medicine.” The report noted that the facility’s Director of Nursing “interviewed a nurse named in the allegation, however; the report did not include the name of the accused staff member [… and] there was also no evidence that any other staff members were interviewed as part of their investigation.”

Our Yuma nursing home neglect attorneys recognize that failing to follow protocols and procedures concerning staff and resident abuse at the potential causing additional abuse to the resident. The deficient practice of Palm View Rehabilitation and Care Center might be considered negligence and abuse because the nursing staff and administration did not follow the facility’s policy title Abuse that reads in part:

“All investigations of alleged abuse or of other incidences that require self reporting to State and local agencies will follow a symptomatic approach to include: establish the who, what, where, why and how regarding the incident, interview staff and residents and obtain written statements for the staff and residents who are unable to write the statement, the supervisor must interview them and write their written statement [… and] provide a written summary of the findings to Administration”

VALLEY CONVALESCENT CENTER
1700 S. Imperial Ave
El Centro, California 92243
(760) 352-8471

A “For-Profit” 123-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 That Prevent Mistreatment, Abuse or Neglect of Residents

In a summary statement of deficiencies dated 11/24/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “implement policies for reporting allegations of abuse in accordance with state regulations.” This deficient practice affected to residents at the facility.

The deficient practice was noted after review of records that indicated that the facility’s “administrator or designee was not notified by the employee of a witnessed slapping of [a resident’s] hand until five days after the alleged incident [… and] the Administrator was not notified of an alleged grabbing and yelling of a licensed nurse while providing care for [another resident] until two days after the alleged incident. Failure to report any form of allegations of abuse has the potential to affect the needs and safety of the residents.”

The state surveyor conducted in 08/26/2014 8:52 AM interview with the facility’s Director of Nursing who stated “that according to the Certified Nursing Assistant [providing care to residents] an alleged incident happened during the night shift on 08/08/2014 and was only reported to the Director of Staff Development (DSD) [5 days later].” During the interview, the Director of Nursing stated that according to the report made by the CNA that “the incident was not reported immediately to the Administrator due to fear of losing her job and feeling uncomfortable to report the incident.” However, the Director of Nursing indicated that “the allegation should have been reported immediately as per the facility’s policy.”

Our El Centro nursing home abuse attorneys recognize that failing to report any incident or allegation of abuse as the potential of causing additional harm or abuse to the resident or other residents at the facility. This failure by Valley Convalescent Center might be considered abuse or mistreatment because the nursing staff failed to follow the facility’s policies and procedures title Suspected Elder or Dependent Adult Abuse Reporting that reads in part:

“Reporting: the report shall be made by telephone immediately.”

IMPERIAL HEIGHTS HEALTHCARE AND WELLNESS CENTRE
320 Cattle Call Dr.
Brawley, California 92227
(760)344-5431

A “For-Profit” 99-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Ensure the Physician’s Orders for Treatment and Services Not Only Continue, but Improve the Resident’s Ability to Care for Themselves

In a summary statement of deficiencies dated 06/25/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “assure that a psychiatric evaluation ordered by the physician for [a resident at the facility] was performed in a timely manner.”

The deficient practice was noted after a full review of resident’s records indicating that the resident “was on multiple medications that affect the psychological, psychiatric and behavioral aspects of the individual, and the evaluation was ordered specifically for that reason. As a result, the resident’s care and treatment have the potential to be affected.”

The state surveyor conducted a 06/22/2015 observation of the resident who was seen “several times wearing eyeglasses and sitting on the bed and watching TV.” The state surveyor reviewed the resident’s records the next day to show that the physician’s orders to receive multiple medications indicate that “evidence of a psychiatric consult having been conducted was not found in the resident’s records.”

The state surveyor conducted a 06/24/2015 interview with the facility’s Director of Nursing who stated “that a psychiatric evaluation had not yet been performed […and] that the psychiatrist usually did evaluations at the facility during the first or second week of the month […and] she believed that the psychiatrist had been at the facility about seven days after the order for the evaluation of [the resident].”

The Director of Nursing also indicated that the resident “might need to wait until the beginning of July for the psychiatric evaluation regarding multiple psychological medications [but] that the 06/02/2015 request for the psychiatric evaluation should have been performed during the second week of June” but was not.

Our Brawley nursing home neglect attorneys recognize that any failure to follow protocols and procedures concerning physician’s orders can have a negative impact on the health and well-being of the resident. The deficient practice of Imperial Heights Healthcare and Wellness Centre might be considered negligence or mistreatment.

Violating a Resident’s Bill of Rights

The United States Congress ensures that all residents in nursing facilities nationwide have a level of protection against harm or injury through their Bill of Rights. This includes the right to privacy, right to complain, right to quality healthcare and right to dignity. Unfortunately, many nursing facilities violate the resident’s Bill of Rights through various means that include:

  • Failing to hire enough staff to ensure that every resident’s health and hygiene needs are being met
  • Not adequately training their medical staff, which could result in injury, harm or death of the resident
  • Failing to take proper measures when hiring employees to fill opened nursing positions who might have a previous history of abuse or neglect
  • Failing to develop, implement and enforce policies that prevent many forms of neglect and abuse in nursing homes
  • Failing to follow protocols designed to maintain the health and well-being of every resident
  • Failing to notify state agencies at the first sign of problems, including an allegation of abuse, sexual assault or intentional negligence.
  • Failing to maintain the premises to diminish the potential risk of spreading infection from one resident to another.

The most common types of inconspicuous injuries that occur in nursing homes include facility acquired pressure sores (bedsores; decubitus ulcers; pressure ulcers), physical or sexual abuse, falling, the spread of infection, malnutrition and dehydration.

You Can Afford an attorney

If you suspect your loved one is a victim of abuse or neglect in a nursing facility, it is essential to consider hiring a lawyer. Hiring legal representation is likely more affordable than you believe. This is because The Yuma nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC accept all nursing home abuse cases, personal injury claims and wrongful death lawsuits through a contingency fee agreement. This means legal services are only paid to our firm once we have negotiated acceptable amount of financial recompense through an out of court settlement or after we win your jury award at the conclusion of the successful lawsuit trial.

Our Arizona team of dedicated reputable elder abuse attorneys have years of experience handling cases involving abuse, negligence and mistreatment occurring in nursing facilities throughout the Yuma area. We encourage you to contact our Yuma County elder abuse law offices by calling (888) 424-5757 today to schedule your free, full case evaluation. All information you share will remain confidential.

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