Oakland California Nursing Home Abuse Lawyers

Oakland Elder Neglect LawyerAs one of the major port cities on the West Coast of the U.S., Oakland California is a desirable area to reside because of its many amenities, exciting activities and close proximity to numerous points of interest. More than 400,000 residents live within the city limits of Oakland, of which more than 42,000 are senior citizens. The number of elders in their retirement years has grown significantly over the last few decades as the population throughout the San Francisco area has risen dramatically.

However, the dense expanse of the area and the numbers of seniors who now require health care services has placed a heavy burden on nursing facilities all throughout the community. Because of that, many nursing homes, rehabilitation centers and assisted-living facilities have become overcrowded and unable to keep up with the demand. In addition, many homes lack the necessary amount of qualified staff due to a limited number of available Licensed Vocational Nurses, Registered Nurses and Certified Nursing Aides needed to fill the open nursing positions. As a result, the number of cases involving abuse and neglect has risen proportionately in the last 20 years.

Oakland Nursing Home Resident Health Concerns

Finding out a loved one has been injured, abused or neglected is likely the worst fear of any family member who placed a loved one in your senior facility or skill living center to receive quality care. Often times, seniors become victims of neglect or abuse through facility acquired bedsores, avoidable falls, wandering away from the facility, dehydration and malnutrition. Because of that, our Alameda County elder abuse attorneys continuously review safety and health concerns, opened investigations and filed complaints against nursing facilities all throughout the area. Many families use this information as a valuable tool to determine where to place a loved one who needs quality care, by better understanding the level of care each facility provides.

Comparing Oakland Area Nursing Facilities

Our California nursing home attorneys have posted a detailed list below outlining the nursing facilities all throughout the Oakland area currently maintaining below average ratings compared to other homes nationwide. In addition, we have added our primary concerns by listing specific cases involving preventable problems caused by neglect, abuse or mistreatment. Some of these cases have caused actual harm to the resident that lead to a worsening of their medical condition, preventable injuries or death.

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:

KINDRED NURSING AND REHABILITATION – MEDICAL HILL
475 29th St
Oakland, California 94609
(510) 832-3222

A “For-Profit” 124-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 Procedures and Protocols to Investigate, Control and Keep Infection from Spreading throughout the Facility

In a summary statement of deficiencies dated 11/06/2014, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “implement infection control practices for [3 residents at the facility].” During the investigative process, the state surveyor noted the facility’s failure “to implement an infection control program that provided ongoing staff education and tracked a percentage rates for infections, influenza and pneumococcal vaccinations.”

In addition, the state surveyor noted the facility’s failure “to keep [a resident’s] food (milk, juice; separate from her bedside commode which was visibly soiled with a brownish substance during an initial tour on 11/03/2014 at 10:02 AM. According to the state investigator, all of these failures by the staff and administration “had the potential to result in widespread infections.”

In one incident, the state investigator noted that a resident “was in her bed in a sit up position rocking back and forth wearing a religious head covering.” The resident “had a bedside commode (portable toilet) next to her bed with multiple opened food items on top of it.” In an interview with the facility’s SDC (Staff Development Coordinator), the Coordinator stated, “the food item should not have been on top of the bedside commode […and] the food was contaminated after being in contact with the visibly soiled bedside commode […and] confirm that this contaminated food could be eaten by [the resident] and result in foodborne illness or infections.

The state investigator contacted at 10:45 AM 11/06/2014 interview with the facility’s Infection Control Nurse who also performed other duties including Staff Development Coordinator. The nurse stated, “she only kept logs of the influenza and pneumococcal vaccinations given […and] confirm she did not calculate a percentage rate for the facility […and] also confirmed she did not track the rate of infection as a percentage value.”

In addition, the Infection Control Nurse stated that while she kept a log of incidences of infections occurring at the facility, she did not document when the infection began or when it was resolved. The nurse also failed to document “how long a resident took an antibiotic (antibiotic stewardship) and if any follow up tests were performed or desired by the physician, or, what infectious symptoms were present.”

As a part of the investigation, the surveyor reviewed the Infection Control Nurse’s calendar where no staff education was revealed in regards to general infection control practices, infection control trends or current updates on infections occurring in the facility.

Our Oakland nursing home neglect attorneys recognize failing to develop, implement and enforce procedures and protocols that keep infections from spreading throughout the facility has the potential of causing serious harm or injury to all residents. The deficient practice of the nursing staff, Infection Control Nurse and Administrator of Kindred Nursing and Rehabilitation – Medical Hill might be considered negligence or mistreatment because it does not follow the established policies and procedures adopted by the facility including the facility’s 02/28/2014 policy titled: Identifying and Surveillance for Health Associated Infections that reads in part:

“Surveillance is ongoing systematic collection, analysis and interpretation of outcome specific data. A measurement of the frequencies with which an event occurs in a population over a defined period of time.… Performance targeted surveillance for the following sites: catheter -related bloodstream infections, catheter associated urinary tract infections, pneumonia […and] infections.”

WINDSOR HEALTHCARE CENTER OF OAKLAND
2919 Fruitvale Ave
Oakland, California 94602
(510) 261-8564

A “For-Profit” 94-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Provide Adequate Supervision to Minimize the Potential of a Wandering Event (Elopement) from the Facility

In a summary statement of deficiencies dated 06/22/2015, a complaint investigation against the facility was opened for its failure to “adequately monitor [a resident at the facility] in order to prevent [the resident] from leaving the facility grounds unsupervised.” The deficient practice of the nursing staff at Windsor healthcare Center of Oakland “had the potential to result in serious injury during the three hours and 50 minutes time period when [the resident’s] whereabouts were unknown.”

As part of the complaint investigation, notations were made in regards to a statement by the attending physician that the resident “did not have the capacity to make health care decisions, but did have a family member to act as a responsible party.”

The complaint investigation was opened after a review of the 05/21/2015 facility Nurse’s Notes indicating that “at the start of the shift, the resident was agitated and requested to go home at Berkeley to visit his wife and looking for his money.” The staff redirected the resident “several times. Resident last seen in the building around 3:30 PM At 8:20 PM, decided to look around the building for Mister White, he was nowhere to be found. Then decided to go outside.”

The resident had eloped from the facility and “was found on Fruitville Avenue about one block up the street, saying he wants to go home to visit his wife.” The resident doctor and responsible party were made aware. The Nurse’s Notes also indicated that the resident “received a Wander Guard” which is a device the resident wears either on the ankle or the arm that alerts the staff and employees when the resident passes through a monitored doorway. The resident had received the Wander Guard “after notification of the resident’s physician.

The state investigator reviewed the resident’s 03/03/2015 care plan that revealed that the resident “should have a Wander Guard in place for safety and attempting to leave the facility. The state investigator asked the Facility’s Medical Records Clerk for any records indicating that the physician’s orders to discontinue the Wander Guard was given. However, the clerk was “unable to locate a physician’s orders” to discontinue use of the device. In addition, the Medical Records Clerk “was also unable to locate any documentation in Nurse’s Notes, the Medication Administration Record or the Treatment Administration Record that a Wander Guard was present during the months of January, February, March or April.”

Upon review of the resident’s 05/21/2015 facility form titled physician/NP/PA Communication and Progress Notes for New Symptoms, Signs and Other Changes in Condition indicate that the resident eloped from the facility on 05/21/2015 and indicated that the resident was “in the area, return call/new orders from MD/NP/PA, Wander Guard and monitor for potential injury.”

The state investigator noted that the incident as reported in the facility’s 05/21/2015 Investigation File, “contained no reference to notification of the elopement to local law enforcement, the responsible party, or the physician, until after [the resident] had been relocated.”

Our Oakland nursing home neglect attorneys recognize that failing to provide adequate supervision that minimizes the potential of a resident at risk for eloping and wandering off of the facility without notice. The deficient practice of the Administrator, nursing staff and others at Windsor Healthcare Center of Oakland might be considered negligence or mistreatment because the failure does not follow the facility’s 12/01/2012 policy and procedure titled: Wandering in Elopement that reads in part:

“If the resident cannot be located, the Charge Nurse will notify: Administrator/designee, Director of Nursing Services/designee, Attending Physician, Responsible Party. The Administrator/designee will contact law enforcement.”

ASHBY CARE CENTER
2270 Ashby Avenue
Berkeley, California 94705
(510) 841-9494

A “For-Profit” 31-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

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

In a summary statement of deficiencies dated 09/24/2015, a complaint investigation against the facility was opened for its failure to “provide chair alarm for [a resident] as ordered, to alert staff when [the resident] attempted to rise unassisted and help prevent [the resident] from falling.” The deficient practice of the nursing staff at Ashby Care Center “to use the alarms resulted in an unwitnessed fall with no injuries, but had the potential to result in harm.”

The complaint investigation involved a review of the resident’s physician admission orders noting that the resident’s 06/24/2015 Admission Fall Risk Assessment “reflected a score of 17, with a score over 10 indicating the resident was at high risk for falling.”

The complaint investigation was initiated after an 08/03/2015 incident noted in the Facility’s Incident/Accident Report reflecting the resident “had a fall in the facility. The fall was a result of [the resident] releasing the wheelchair seatbelt and sliding to the floor. This fall was witnessed and [resident] has no injuries.”

As a part of the physician progress notes reviewed by the state surveyor, it was noted that the “physician said [the resident] was still a major fall risk due to her medical condition and should continue with fall precautions, including a wheelchair alarm per facility protocol.”

The surveyor noted during a review of the resident’s 08/05/2015 Interdisciplinary Team (IDT) Investigation Follow-Up that indicated the resident “had been using a self-release seat belt in a wheelchair since admission for fall precautions, but recommended adding a new intervention of bed and chair alarms.”

An interview with the Facility’s DSD (Director of Staff Development) at 2:20 PM on 08/26/2015 revealed that “the only Care Plan for [the resident] with fall risk interventions was titled: Actual Fall – initiated [on] 08/03/2015, after [the resident] fell that day.” The facility’s “Actual Fall Care Plan listed IDT Post-Fall Assessment as an intervention, but had no listing of alarms for bed or wheelchair.

The state investigator conducted a telephone interview at 1:50 PM on 08/26/2015 with the Licensed Vocational Nurse who found the resident on the floor after the incident on 08/11/2015. The Licensed Vocational Nurse indicated “he did not remember hearing any alarm.”

Investigated and conducted an interview with the facility’s Director of Nursing who reviewed the 08/26/2015 nurse’s notes and confirmed that “there was no documentation of a chair or bed alarm installation until 08/12/2015, when tab alarm applied on wheelchair.” The Director of Nursing also stated “if there was no previous documentation of a wheelchair alarm, there wasn’t an alarm present before 08/12/2015 […and] said she didn’t know why the alarm wasn’t started until after [the falling incident and] IDT recommendation. She said the facility had a supply of wheelchair alarms available in-house, at all times.”

In an interview conducted by the state surveyor at 12:25 PM on 08/26/2015 with the facility’s Assistant Director of Nursing revealed that the resident “didn’t have a chair alarm before she felt because she had not fallen at this facility.”

Our Berkeley nursing home neglect attorneys recognize that failing to provide residents an environment free of accident hazards and take adequate precautions to prevent an avoidable accident from occurring might be considered negligence and mistreatment. This is because the deficient practice of the nursing staff at Ashby Care Center did not follow their own procedures including the procedure Ashby Care Center CQI Event Investigation Committee that states in part:

“The committee meets weekly to review Event Investigation Reports for the prior week for compliance of investigation and reporting laws. Committee members make recommendations as appropriate to promote safety, enhance quality of care and quality of life for residents.”

KYAKAMEENA CARE CENTER
2131 Carleton Street
Berkeley, California 94704
(510) 843-2131

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 Provide a Level of Care and Services to the Resident to Ensure That Their Dignity and Respect of Individuality Is Maintained or Elevated

In a summary statement of deficiencies dated 11/20/2015, a complaint investigation against the facility was opened for its failure to “encourage and assist residents to dress in their own clothes rather than a hospital gown or a stained towel draped across the chest and around shoulders.”

The complaint investigation was initiated after a resident “was observed in a hospital gown and smell like stool.” The investigation notations also reveal that the resident “was in a hospital gown it 2:00 PM […and] sitting in a hallway with a towel draped around her. Charge nurse didn’t get any one to help [the resident].”

The surveyor conducted a facility tour at 1:00 PM on 09/15/2015 and observed the resident “in a wheelchair, near the entryway wearing a hospital gown and smelled like stool […and] was incontinent of bowel and bladder and unable to verbalize his preferences.”

The investigator conducted a 11/05/2015 interview with the facility’s Social Services Director who stated that “she was unaware of any concerns or grievances regarding [the resident’s chest and shoulders, and [that the resident] was left soiled for 10 to 15 minutes.”

The surveyor conducted a 09/18/2015 1:15 PM interview with a facility’s Certified Nursing Assistant (CNA) who stated that the resident “was wearing a hospital gown because he didn’t have any clothing […and] stated that [the resident] was incontinent of bowel and bladder.

The facility’s Director of Nursing indicated during a 10/25/2015 interview that “if a resident prefers to wear a hospital gown when out of bed, we have to honor their preferences and document on the Social Services Note or Care Plan. However, during a concurrent record review and interview with the facility’s Director of Social Services and Director of Nursing on 10/02/2015, neither staff member was “unable to find documentation of resident preferences to wear a hospital gown when out of bed or wearing of a towel. They also stated that the facility did not have a policy regarding residents who owned no clothes and that clothing was donated to the facility for residents.”

Our Berkeley nursing home neglect attorneys recognize that failing to provide adequate care and services so that every resident maintains their dignity and respect of individuality might be considered neglect or mistreatment. The deficient practice of the nursing staff at Kyakameena Care Center does not follow the established procedures and protocols adopted by the facility and violates both state and federal nursing home regulations.

WILLOW TREE NURSING CENTER
2124 57th Avenue
Oakland, California 94621
(510) 261-2628

A “For-Profit” 82-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Provide Adequate Protection for Every Resident to Guard against Abuse, Physical Punishment and Being Separated from Others

In a summary statement of deficiencies dated 08/28/2015, a complaint investigation against the facility was opened for its failure to “protect residents from abuse.” The investigator handling the complaint also noted that the facility failed “to call 911 and adequately monitor [a resident] after he physically assaulted [another resident].”

The complaint investigation was initiated after a resident punched another resident in the face “then went out for a cigarette. A few minutes later [the assaulting resident] returned to the building, went to his room, then struck his roommate [a third resident] with the footboard of the bed. This deficient practice resulted in a fractured jaw for [the assaulting resident] and a laceration on the ear [of the roommate].”

Review of records indicate that the Administrator of the facility was notified on 08/27/2015 at 4:50 PM and that the events “constituted an immediate jeopardy because of the facility’s failure to protect the residents from abuse and to take appropriate action to prevent further abuse. These failures resulted in the harm of [2 residents at the facility] and have the potential to place other residents at risk for injury.”

The state investigator conducted 08/26/2015 10:00 AM telephone interview with the facility’s Charge Nurse who stated “on 08/07/2015 between 12:15 AM and 12:20 AM, she was in the medication room at nurse station to when [a facility Certified Nurse Assistant] called out and told her that [1 resident] had hit [another resident stating] she separated the residents and told [the assaulting resident] to go to the smoking patio.” The CNA indicated that the hospice nurse was notified because the assaulting resident was under hospice care and indicated to the hospice nurse that “she would call the police” to report the incident. A few minutes later, the resident returned from the smoking patio, entered their room and allegedly assaulted the roommate who was found to be bleeding.

The state investigator asked the CNA what the facility’s protocol was for “resident to resident altercation.” The CNA stated, “make sure the victim is safe, separate victim and abuser, call 911.” The investigator handling the complaint indicated that the CNA stated “I should’ve called 911 right away.”

Our Oakland California nursing home abuse attorneys recognize a failing to provide adequate protection so that every resident is guarded against abuse might be considered negligence, mistreatment or additional abuse of others. The deficient practice of the nursing staff of not taking immediate steps in notifying the police might have contributed to the assault on the resident’s roommate sometime after the first incident of assault had occurred. The failure of the staff to provide adequate protection fails to follow the facility’s December 2012 policy titled: Abuse Prevention, Intervention, Investigation & Crime Reporting Policy that reads in part:

“Every resident has a right to be free from verbal, sexual, physical and mental abuse. The facility shall identify, analyze and assess situations to minimize the likelihood of abuse; such as secluded areas of the facility that make abuse or neglect more likely to occur […and] monitor residents with needs or behaviors that may likely lead to conflict, altercation, abuse or neglect, such as physically aggressive or self-injurious behaviors.”

Fighting for the Rights of a Loved One

Families are often terrified to learn that their loved one has been injured, harmed or neglected while residing in a nursing facility. In many cases, the nursing staff, medical doctor or other employees at the facility violated the trust given to them by causing harm or injury. As an advocate for their loved one, it is often challenging for family members to know exactly when the resident has been harmed. This is because not every case of abuse, neglect or mistreatment is caused by obvious factors.

Even though the federal and state governments have specific guidelines on how nursing home facilities are to operate, many senior citizens become victims at the most vulnerable stages of their lives. Every year, thousands of elders suffer neglect, abuse and exploitation at the hands of their caregivers in a variety of ways. The most common types of abuse and neglect involve:

  • Facility acquired skin ulcers including bedsores, pressure sores, decubitus ulcers and pressure ulcers;
  • Malnutrition and dehydration because they were denied access to food and water;
  • Physical assault by caregivers or other residents in the facility,
  • Unexplainable broken bones and other physical injuries causing pain;
  • Emotional or psychological anguish caused by threats or intimidation leaving them in fear;
  • Caretaker neglect;
  • Resident to resident assaults;
  • Wrongful death caused by a lack of medical treatment, substandard care or failure to diagnose or ensure the resident receives outside medical services.

When the nursing facility fails to fulfill its legal obligations in providing the best quality of care to its residents and keep them guarded from mental or physical harm, the law is on the side of the victim. This is because nursing homes can be held legally and financially accountable for their negligent actions, abuse or damages. Many families fighting for the rights of their loved one will hire a reputable California nursing home abuse law firm to ensure they receive the financial compensation they deserve and that those responsible for causing harm are held liable.

Filing a Case for Compensation

Cases involving neglect and abuse in nursing facilities are the special focus of the Oakland nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC. Our team of dedicated California nursing home lawyers have worked on many high-profile cases and assisted clients in protecting their rights and holding negligent caregivers and nursing facilities legally and financially accountable for their unacceptable actions. Our law firm has witnessed firsthand the level of unimaginable devastation caused by those in charge of providing the elderly and disabled health and hygiene care.

Like you, our team of experienced nursing home neglect attorneys are committed to aggressively fighting for your loved one’s rights. We encourage you to make contact with our Oakland area elder abuse law office today by calling (888) 424-5757 to schedule your no obligation, free full case review. By working together, we can assist your family and making meaningful changes in the standards of care provided to nursing facilities throughout California. We accept these cases on contingency, meaning no upfront fees are required.

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.

 

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