Federal and California laws guarantee every nursing facility resident specific rights to protect their health and well-being. These rights include the right of access to proper medical care and the right to live in a safe, sanitary environment free of neglect and abuse. Unfortunately, the Fontana nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have seen many cases where nursing facilities do not honor these rights, where their actions compromise the health and well-being of the residents.
Approximately 205,000 individuals live within Fontana city limits out of the more than 2.1 million residents of San Bernardino County, where one out of every eleven citizens are 65 years or older. Many elders choose to stay in the area in their senior years because of the close proximity to amenities and affordable housing. The number of aging residents is expected to grow in the years ahead as many more individuals of the baby boomer generation retire.
This influx of elders has placed a substantial burden on the nursing facilities all throughout the county, where overcrowded conditions and a lack of nursing staff has caused significant problems. The number of nursing home abuse and neglect cases handled by our California nursing home attorneys have risen significantly that were filed against negligent doctors, nurses, employees and administrators in nursing facility statewide.
Fontana Nursing Home Resident Health Concerns
Many families have no other option than to place a sick or elderly loved one in a nursing facility because they require round-the-clock, specialized care. In many situations, the negligent actions of the nursing staff lead to serious life-threatening infections, dehydration, malnutrition, bedsores and, at times, death.
Our Fontana elder abuse lawyers have represented many nursing home residents and their family members seeking justice and the compensation they deserve. In addition, our law firm continuously evaluates, assesses and reviews information provided by national databases including Medicare.gov. This data outline specific cases where state surveyors and inspectors investigate filed complaints, hazardous conditions and dangerous environments in nursing facilities that cause the resident harm, injury or death. This information tends to be valuable for family members interested in finding the best nursing home in San Bernardino County that provides the highest level of care.
Comparing Fontana Area Nursing Facilities
The detailed list below outlines Fontana area nursing facilities that currently maintain below standard ratings compared to other homes throughout the United States. In addition, our San Bernardino nursing home neglect lawyers have posted our primary concerns by highlighting specific cases that led to the harm, injury or death of the nursing home resident. Some cases involve resident to resident altercations, substandard nursing care, medication errors, unsupervised accidental falls and other deficient practices at the facility that caused the resident harm.
Information on California Nursing Home Abuse & Negligence Lawsuits
Our attorneys have compiled data from settlements and jury verdicts across California to give you an idea as to how cases are valued. Learn more about the cases below:
- California Nursing Home Medical Error Lawsuits
- California Nursing Home Abuse Lawsuits
- California Nursing Home Inadequate Care Lawsuits
- California Nursing Home Bed Sore Case Valuations
- California Nursing Home Fall Case Valuations
KINDRED TRANSITIONAL CARE AND REHABILITATION – CANYONWOOD
2120 Benton Drive
Redding, California 96003
A “For-Profit” 115-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Treat a Resident Suffering from Pain by Providing Pain Medication in a Timely Manner
In a summary statement of deficiencies dated 11/16/2015, a complaint investigation against the facility was opened for its failure to “ensure a resident received the necessary care and maintain appropriate levels of pain when [the resident] had to wait for pain medication because the nurse was not available.” This deficient practice by the nursing staff at Kindred Transitional Care and Rehabilitation – Canyonwood “had the potential to result in poor outcomes because pain was not managed and put the resident at risk for decreased participation in therapy, and the ability to participate in activities of daily living [including] getting out of bed, getting dressed, groomed and performing self-hygiene.”
The state surveyor conducting the investigation reviewed the resident’s 03/26/2015 MDS (Minimum Data Set) indicating that the resident “was able to make her own needs known, remember information, was tired and in pain.” The MDS (Minimum Data Set) also revealed that the resident had “medication orders to treat her pain that included two tablets of 325 milligrams of Tylenol taken every four hours or as needed (PRN) to treat mild pain. In addition, the resident “also receive regularly scheduled pain medication for chronic pain.”
The complaint investigation was initiated after an interview and observation of a resident occurring in 9:30 AM on 05/13/2015 when the resident “was seated in the hallway in a wheelchair, neatly groomed, it was alert and oriented. [The resident stated that “she had pain in her shoulders and she will ask for pain medication [… stating] she got her pain medication when they gave it to her and that she had to wait for it.”
The state investigator also interviewed the ombudsman at 1:15 PM on 09/17/2015 stating “she was at the facility on 05/17/2015 at 9:45 AM and observed [the resident] at the nurse’s station trying to get the attention of staff for 15 minutes [… stating when the resident] was finally acknowledged by staff at the nurse’s station, that she then asked for pain medication.” As a part of the interview, the ombudsman stated “it took another 20 minutes for [the resident] to receive her pain medication […and] had to wait a total of 35 minutes from the time she waited at the desk to be acknowledged to the time she received her pain medication.”
The surveyor conducting the investigation revealed the resident’s 01/15/2015 Care Plan indicating “under pain, review daily and PRN for pain medication efficacy (effectiveness).”
In a 11:00 AM 05/18/2015 interview with the facility’s Registered Nurse providing the resident care noted that “there was a day when there was a problem with getting medication cart keys from the nurse who was in the meeting and [the resident] had to wait to get her pain medication.”
The Director of Nurses at the facility stated that “there was no excuse for a resident to wait over 30 minutes for their PRN pain medications. She stated [the resident] had made a reasonable request for pain medication and had to wait for the nurse with the medication cart keys to return from a meeting.”
Our Redding nursing home neglect attorneys recognized that failing to provide pain medication in a timely manner to a resident suffering in pain might be considered negligence and mistreatment. The deficient practice by the nursing staff does not follow the facility’s 08/31/2013 policy titled Pain Management that reads in part:
“The facility promotes prompt recognition, assessment and treatment of [pain].”
VIBRA HOSPITAL OF NORTHERN CALIFORNIA D/P SNF
2801 Eureka Way
Redding, California 96001
A “For-Profit” 32-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Follow Procedures and Protocols When Treating a Stage III Pressure Ulcer Which Has the Potential of Causing Life-Threatening Condition
In a summary statement of deficiencies dated 12/30/2015, a complaint investigation against the facility was opened for its failure to “follow its wound care policy for a Stage III pressure ulcer (bedsore, full thickness skin loss) for a [resident at the facility].” The deficient practice by the nursing staff at Vibra Hospital of Northern California “have the potential to contribute to a worsening of the pressure ulcer.”
The complaint investigation involved a review of the resident’s records that indicated she was admitted to the facility with a Stage III pressure ulcers where her next wound assessments were performed on 08/24/2015 and 08/25/2015 noting that “the wound had worsened and the physician changed treatments.”
Six days later on 08/31/2015, the resident’s pressure ulcer now displayed “eschar (brown or black at the wound bed) [which] was seen in the wound bed and the wound was noted to be an unstageable (full thickness in which the base of the ulcer is covered by slough (yellow, tan, gray, green or brown) and/or eschar.” The records revealed that “the physician was notified and changed the treatment and the wound care team evaluated [the resident again] on 09/01/2015.”
The state investigator conducted a 10:30 AM 09/23/2015 interview with the facility’s Registered Nurse on the wound care team who recalled being asked to see the resident around 08/24/2015. The Registered Nurse stated they “went in to see [the resident] but she was not in a room. The nurse who had been providing care to [the resident] was supposed to call her when [the resident] returned to her room but did not do so [… Stating] the first note regarding the wounds team’s evaluation was [on] 09/01/2015.”
A concurrent interview was conducted on 10:20 AM on 10/23/2015 along with a record review with the facility’s Director of Nurses who “confirmed the first assessment done after admission should’ve been done 08/21/2015 and was not done until 08/24/2015, three days later.” The Director of Nurses also “confirmed the wound had deteriorated, and although the physician was notified and change the treatment, the wound care team did not evaluate [the resident] until eight days later, on 09/01/2015.”
Our Redding nursing home neglect attorneys recognized the failing to follow protocols and procedures when providing treatment to a resident suffering a Stage III pressure ulcer has the potential of creating a life-threatening condition and placing the health and well-being of the resident in immediate jeopardy. The deficient practice by the nursing staff at Vibra Hospital of Northern California might be considered negligence or mistreatment because the failure did not follow established procedures and protocols including the facility’s March 2015 policy titled: Wound Care Management: Pressure Ulcers and Wounds that reads in part:
“All pressure ulcers and other open wounds must be assessed upon admission and a comprehensive assessment weekly and PRN (as needed) thereafter. If the wound deteriorates or has changed secondary to surgical intervention, the comprehensive assessment should be completed sooner. Assess wounds for signs and symptoms of infection, deterioration or complications of wound with each dressing change. If any signs or symptoms of complications exist, photograph on a document on One Assessment Form. Contact physician and notify Wound Team.”
WINDSOR REDDING CARE CENTER
2490 Court Street
Redding, California 96001
A “For-Profit” 113-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Provide Necessary Care and Services in a Timely Manner That Resulted in the Resident Sustaining Bone Fractures after a Fall
In a summary statement of deficiencies dated 11/17/2015, a complaint investigation against the facility was opened for its failure to “provide necessary care and services, in a timely manner, as directed policy, for [a resident at the facility] who sustained a fall and fracture.” This deficient practice by the nursing facility at Windsor Redding Care Center “had the potential that [the resident] could sustain prolonged pain, and or further injury.”
The state surveyor conducted the investigation reviewed the resident’s records that indicated the resident “was admitted to the facility for physical rehabilitation after surgery, difficulty in walking, muscle weakness, history of Falls and dementia with behavioral disturbances.” The records also reveal that the resident “was not her own responsible party (RP) […and] was discharged to an acute care facility on 06/12/2015 at 10:15 PM, due to pain, and x-ray [indicating a bone dislocation and break].”
A review of the resident’s Progress Notes written by a facility Licensed Nurse revealed that on the date of admission to the facility the resident complained of hip pain and that the nurse called into the doctor to get an x-ray indicating that the nurse didn’t know what happened.
The following day at 6:10 AM, a late entry into the resident’s records noting that the resident “was found in the floor by [a Certified Nursing Assistant (CNA) the previous morning who] called the nurse to the room. During this time, the resident did not complain of pain and stated they had not bumped her head. However, the records reveal that the resident had broken their hip.” An additional note in regards to the resident “being found on the floor, ambulating from bathroom to bed.” The nursing staff performed a range of motion on the resident indicating there was no complaint of pain before placing the resident back in the bed.
The Licensed Nurse recorded that “a CNA walked by [the resident’s] room at the time and informed him that she had found [the resident] lying on the ground on her back, in her room.” However, the Licensed Nurse stated “he was not sure of the cause or fall […and] he did a ROM assessment (range of motion – an assessment to determine any changes in the resident’s range of body movements, and any pain related to movements).” In addition, the Licensed Nurse stated that he checked the resident’s “body for injuries, and did a neurological check (that evaluates pupil response, strength, alertness and other signs of head injury) [… stating] he did not do vital signs or document the fall on 06/12/2014 [… stating] he did not follow the facility fall protocol because [the resident] had not complained of pain at the time he assessed her.”
The state investigator conducted a concurrent interview at 5:00 PM on 06/25/2015 with the Director of Nursing and Registered Nurse Charge who was on duty on 06/12/2015 when the fall incident occurred. The Registered Nurse Charge “stated that she was not informed that [the resident] had fallen, [but] was aware of the request for an x-ray due to [the resident’s] complaints of pain [… stating] that she informed the next shift of the same.” However, “no reports of [the resident’s] fall was made to the evening Charge Nurse that worked from 6:00 PM to 6:00 AM the next day.”
The Registered Nurse Charge stated that “she was not aware that “the resident] had fallen until [the following day at] around 2:00 PM [… stating] that she would have expected [the Licensed Nurse] to have reported to her the fall that occurred [the previous day, stating] that when she communicated with the physician on 06/12/2015, for an x-ray order, she was still unaware that [the resident] had fallen.”
Additionally, the Director of Nurses stated that the Licensed Nurse should have reported the fall to [the Registered Nurse Charge] and follow the facility protocol for post fall assessment and documentation.
The state investigator made a notation that the California Department of Public Health received a fax report from the facility at 6:57 AM on 06/15/2015 noting that “on 06/12/2015, unknown time, [the resident at the facility] had sustained an injury of unknown origin, resulting in a fracture of her left hip. The reporter wrote 0 [no] evidence of a recent fall.”
Seven days later, the California Department of Public Health received an additional report dated 06/17/2015 indicating that the “Administrator interviewed the Certified Nursing Assistant (CNA) who had found [the resident, that stated the CNA] and Nurse confirmed that [the] resident had apparently scooted to the end of the bed and fell to the floor. The CNA stated she found [the resident’s] blankets around her lower legs. No abuse or neglect was indicated and ruled out.”
The Director of Nurses indicated to the state surveyor at 6:00 PM on 06/25/2015 that “she had spoken to [the resident] the morning of her fall [… stating that the resident] has stated to the [Director of Nurses] she had fallen and her leg hurt.” The Director of Nurses also stated “that at the time of the resident’s statement, she looked at [the Licensed Nurse] and he shook his head and when she asked if [the resident] had a fall. I assume she had not fallen and that he had investigated it.” The Director of Nurses also stated that the resident’s “fall care plan by [the Licensed Nurse] was not acceptable and did not meet the facility policy or care standards.”
Our Redding nursing home neglect lawyers recognize that failing to follow procedures and protocols when a resident falls and is injured could place the health and well-being of the resident in immediate jeopardy. The deficient practice by the nursing staff at Windsor Redding Care Center might be considered negligence or mistreatment because their failures did not follow the established procedures and protocols adopted by the facility including their June 2008 policy and procedure title: Falls Management that reads in part:
“Residents will be assessed for injuries, nursing and medical interventions will be provided to maintain the well-being of the resident, and required notifications will be made when a fall -related injury occurs. Physician is to be notified as soon as practical following a fall. Collaborative effort is needed in the event an injury has occurred or suspected, responsible party is also to be promptly notified of the incident, and of Hospital location in the event that the resident has been transferred for evaluation… Promptly notify MD of abnormal symptoms.”
MARQUIS CARE AT SHASTA
3550 Churn Creek Rd.
Redding, California 96002
A “For-Profit” 180-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Provide Residents an Environment Free from Serious Medication Errors
In a summary statement of deficiencies dated 10/12/2015, a complaint investigation was opened against the facility for its failure to “ensure that all residents remained free from medication errors when [a resident] was administered an antibiotic that contained a component that she was allergic to.” This deficient practice by the nursing staff at Marquis Care at Shasta resulted in the resident “experiencing an allergic reaction, which included a severe rash and itching and resulted in her being transferred to the hospital for further evaluation.”
The complaint investigation was opened after the department received a complaint that [a resident at Marquis Care at Shasta “had received the medication that she was allergic to and had suffered an allergic reaction.” The resident’s records reviewed on 08/05/2015 noting that the resident “had developmental delays and made communication extremely difficult.
The state investigator noted that there was a document in the resident’s records titled: Allergy Report listing specific medications as known allergies. The resident’s 07/18/2015 8:55 PM Progress Notes indicated that both the resident and “her responsible party were made of the new order” by the physician who changed the resident’s orders after a Licensed Vocational Nurse providing the resident care reported to the physician [ “to the resident’s lower right leg [medical condition] appeared to be worsening.” The physician prescribed “antibiotic medications used to treat skin infections” both to be administered intravenously.
The following morning, at 8:13 AM, the resident’s Progress Notes indicate “that she had developed a red blotchy rash located on both her arms and legs.” The progress notes also indicate that the resident “denied any itching or burning in her throat at the time [so a] second dose of medication was held related to an allergy [to a PCN (penicillin) class antibiotic.”
Two days later at 1:46 PM on 07/21/2015, progress notes indicate that the resident’s medical condition “in her lower right leg had increase and that [the resident] had developed a rash on her entire body after IV antibiotics were started. The resident was started on a new IV antibiotic at which point she continued to exhibit a head to toe rash. This condition continued to worsen despite being started on [2 other medications] used to treat allergic reactions.” As a result, the resident “was sent to the hospital for further evaluation.”
The state investigator conducted in 08/05/2015 10:00 AM interview with the facility’s Resident Care Manager who acknowledged that the resident “had a documented PCN allergy.” The Resident Care Manager stated “that knowing this, she would have questioned the appropriateness of [giving the resident the medication].” The surveyor notes that according to www.drugs.com, the medications prescribed by the physician and administered by the nursing staff is used “to fight bacteria in the body [… but] should not be given anyone who is allergic to PCN or any other PCN class antibiotics.”
During an interview on 08/05/2015 with the Licensed Vocational Nurse who had provided the resident care it was revealed “she could not recall if she told the resident’s physician that she was allergic to PCN when she received the order for [that medication and that she] did not recall that the physician had asked what antibiotics that the resident had received while in the hospital and according to the discharge summary she had received.”
The Licensed Vocational Nurse had told the state investigator that “the physician told her to just continue [the resident] on those [medications].” The Licensed Vocational Nurse “was unable to obtain these medications from the facility’s house stock and so they were not formally checked through the pharmacy.” The state investigator asked the Licensed Vocational Nurse if she was aware that the medication contain penicillin. The nurse stated “that she was unaware of this fact and therefore had not even thought to question the order.”
A second Registered Nurse was interviewed by phone on the same day verifying “that she is the Registered Nurse was responsible for administering all IV medications [… stating] that she had not checked [the resident’s] allergies.” The state investigator conducted an interview that morning with the facility Administrator who stated “that he would expect the staff to be knowledgeable about the medications that they are administering and to check the resident’s allergies.”
Our Redding nursing home neglect attorneys recognize the failing to follow procedures and protocols to eliminate the possibility of a medication error has the potential of causing serious harm, injury or death to the resident. The deficient practice by the nursing staff at Marquis Care at Shasta might be considered negligence or mistreatment because their failures did not follow policies and procedures including the facility’s May 2014 policy titled: Administering Medications that reads in part:
“Medication shall be administered in a safe and timely manner as prescribed. If the dosage is believed to be inappropriate or excessive for a resident, or a medication has been identified as having potential adverse consequences for the resident or suspected of being associated with adverse consequences, the nurse shall contact the resident’s attending physician or the facility’s medical director to discuss concern ([including] allergies.”
BRENTWOOD SKILLED NURSING
1795 Walnut Street
Red Bluff, California 96080
A “For-Profit” 55-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Provide Adequate Supervision to Prevent Avoidable Elopement That Could Lead to Serious Harm or Death
In a summary statement of deficiencies dated a complaint investigation was opened against the facility for its failure to “ensure adequate supervision of one resident when she was able to elope (leave the facility unsupervised without permission) from the facility through the back office/therapy room undetected.” This deficient practice by the nursing staff at Brentwood Skilled Nursing “have the potential to put the resident at risk for accident, or serious injury.”
The complaint investigation was initiated after a report was received by the California Department of Health “by fax from the facility on 09/08/2015” indicating that a resident had “eloped from the facility at approximately 4:22 PM on 09/07/2015.” The report indicated that the resident had “exited through the back office/rehabilitation (rehab) department exit door […and] was discovered down the street within an apartment complex and brought back to the facility by the local police department.” The report indicated that the resident “did not sustain any injuries during the elopement.”
The state investigator reviewed the facility’s 07/28/2015 MDS (Minimum Data Set) recognizes a resident assessment tool revealing that the resident “was alert and oriented and able to self-propel herself in a wheelchair.”
A 10:50 AM 09/17/2015 interview was conducted with the facility’s Director of Nurses who reported “that the back office is normally staffed, but since it was Labor Day no one was present, which allowed [the resident] exit undetected.” The Director of Nurses also “acknowledge at this particular resident has exit seeking behaviors and care plans had previously been established to address these behaviors [… acknowledging that the resident] had eloped prior on 02/17/2015 and 08/15/2015 […and that the resident] was assessed for injuries and provided a cool shower as it was a warm day.”
The state investigator observed an interview with the resident “with her 1:1 sitter (new intervention after this accident) on 09/17/2015 at 11:15 AM” where the resident “stated she remembered leaving the facility in her wheelchair through the back office/rehab department exit door and propelling herself down the road [… stating] that she was attempting to find her husband’s apartment who live somewhere nearby, but had got lost [… acknowledging] that the street is very busy with traffic and it was not safe to elope from the facility.”
The surveyor noted that the temperature in the area of Brentwood Skilled Nursing during the time of the resident had elope from the facility and propelled her wheelchair into the apartment complex was 97 degrees Fahrenheit.
Our Red Bluff nursing home neglect attorneys recognize the nursing staff’s failure to follow protocols to provide adequate supervision in an effort to prevent an avoidable elopement from the facility could have caused the resident serious injury or death. The deficient practice might be considered mistreatment or negligence because it does not follow policy titled: Elopement that reads in part:
It is the policy of this facility to protect residents from wandering away from the facility and begin an immediate search if the resident is missing.”
When a Resident Is Injured
Many residents suffer serious injury or death due to a lack of assistance or improper care. In many situations, the resident becomes dehydrated or malnourished because they do not receive assistance when no longer having the capacity to feed themselves. Other times, the injury is the result of medical staff administering the wrong drug or failing to provide the resident much-needed medical attention.
Bed-ridden and wheelchair bound residents can quickly develop life-threatening and painful bedsores. A failure of the nursing staff to reposition a mobility-challenged resident or bathing them routinely can cause a decline in their health due to open wounds that appear on the resident’s skin.
Family members are often horrified when they learn that the decline of their loved one’s health could have been prevented had appropriate care been given. Often times, serious medical conditions go undiagnosed because the staff is not properly trained or the facility is understaffed and not able to accommodate the health and hygiene needs of its residents. Because of that, families will hire skilled personal injury attorneys who specialize in nursing home abuse cases to stop the harm immediately.
Hiring an Attorney
The Fontana nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC fight aggressively to protect the rights of all aging and disabled nursing home residents who have suffered serious harm and injury due to the improper conduct of the nursing staff. We accept every kind of nursing home negligence and abuse case including those that involve:
- A failure of the nursing staff to provide an appropriate level of care;
- An injury suffered by the resident caused by a fall or other accident due to abandonment, lack of monitoring or negligence;
- A failure to ensure that every resident receives appropriate medical attention including prescription medications;
- Facility acquired pressure ulcers caused by a failure to provide proper care; or
- Physical, mental or emotional abuse by the nursing facility staff
We encourage you to contact our San Bernardino County elder abuse law offices by calling (888) 424-5757 today to schedule your free, full case review. We accept all personal injury cases and wrongful death lawsuits through contingency fee arrangements. This means you receive immediate legal representation without paying our law offices any upfront fee.
For additional information on California 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.
- Chula Vista
- Long Beach
- Los Angeles
- San Bernardino
- San Diego
- San Francisco
- San Jose
- Santa Ana