Injured Law-Den Nursing Home Residents Rights to Obtain Monetary Recovery
The Centers for Medicare and Medicaid Services (CMS) and the state of Michigan conduct routine unannounced surveys and inspections to identify serious deficiencies and health violations of every nursing home statewide. When problems are identified, the state and federal regulators provide the nursing home the opportunity to make prompt adjustments, corrections, and changes to their policies and procedures to improve the level of care they provide the residents.
In some incidences, the nursing facility is dos not make the necessary corrections, due to monetary concerns or serious underlying problems. In response, the nursing home regulators can designate the Home as a Special Focus Facility (SFF) on the Medicare watch list. These facilities must undergo additional surveys and unannounced investigations in response to filed complaints from residents, visitors, and other employees.
Nearly two years ago, Law-Den Nursing Home was designated a Special Focus Facility due to serious concerns over safety violations, formal complaints, and health hazards. The Center has yet to make significant improvements to be delisted from the national watch list and have their designation removed. At some point, regulators might choose to break their contract that is required for the facility to provide care and services to state and federally funded Medicare and Medicaid patients. Some of the serious concerns and deficiencies have been listed below.
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Law-Den Nursing Home
This long-term care facility is a 100-certified bed Center providing cares and services to the residents of Detroit and Wayne County, Michigan. The “for-profit” Home is located at:
1640 Webb Ave.
Detroit, MI 48206
Current Nursing Home Resident Safety Concerns
Both the State of Michigan and the Medicare/Medicaid regulators routinely update the national Medicare.gov website with information gathered through surveys and inspections conducted at every nursing facility statewide. This data includes information on dangerous hazards, health violations, safety concerns, incident inquiries, opened investigations, and filed complaints. Additionally, the site posts a star rating summary system used to compare every facility in the US.
Currently, Law-Den Nursing Home maintains a below average two out of five stars ranking for health inspections and five out of five stars for quality measures. Some concerns about deficiencies and violations are listed below.
- Failure to Assist Residents Who Require Repositioning to Avoid the Potential Development of a Bedsore (Pressure Ulcer)
In a summary statement of deficiencies dated September 20, 2017, the state investigator noted the facility’s failure “to properly turn and reposition [one resident] reviewed for the need for increased ADL (activities of daily living) and dependent on staff from mobility.” The deficiency by the nursing staff resulted “in the potential for discomfort related to impaired mobility.” The incident involved a resident with severely impaired cognitive skills who “needs the extensive assistance of two persons for transfer and bed mobility.”
The investigator conducted an initial tour of the facility at 8:45 AM on September 18, 2017. An observation of a resident was made “in bed sleeping on her back with the head and foot of the bed slightly elevated, a low air loss mattress (as part of pressure ulcer care] was in use.” A follow observation of the resident was made at 11:00 AM while “sleeping in bed on her back. When greeted [the resident] opened her eyes briefly.”
The investigator observed the resident again at 1:00 PM, and at 3:40 PM, who “remained on her back.” The following morning at 10:20 AM, a Wound Care observation was conducted with a facility Nurse and a Certified Nursing Aide. Once the observation of wound care was over, the CNA positioned the resident “with a wedge (a positioning device) facing right.” The investigator asked the CNA how often the resident “needed to be repositioned and stated every 1.5 to 2 hours.”
Later in the early afternoon at 2:45 PM the resident “was observed lying on her back, and again at 5:00 PM, was observed lying on her back.” The investigator interviewed the facility’s Director of Nursing and Administrator at 2:30 PM on September 20, 2017, who were “asked about the above findings and stated that ‘she’s on a Wound Care mattress, and we checked on her, she’s our only one’.” The investigator reminded the facility of its policy and procedure title Movement/Repositioning of the resident dated April 1, 2017, that revealed:
“Scheduled resident rotation will be scheduled every two hours. The resident will be turned in bed using accepted turning and transfer techniques to avoid friction and shear.”
- Failure to Ensure Services Provided by the Nursing Staff Meet Professional Stands of Quality
In a summary statement of deficiencies dated March 14, 2017, the state investigator noted the facility’s failure “to demonstrate professional nursing standards of practice by failing to check blood sugars and administer insulin as ordered by the physician.” This deficiency affected two residents and resulted “in the potential for unmet care needs.”
Clinical records for the resident document that the resident “was found to be minimally responsive. [Assistance from] Emergency Medical Services was called, and the patient had an elevated (blood sugar). She was brought to the Emergency Department and her [condition was] significant for glucose greater than 1200 and an anion gap of 45 [where normal limits are 8 to 16].” Higher anion gap levels indicate acidosis. In uncontrolled diabetes, there is often an increasing ketoacid level caused by the metabolic action.
The facility’s Nursing Notes documenting the event revealed that “while on a different floor, [the nursing staff] received a call from a Certified Nursing Assistant that the resident is on the floor. Assisted the resident to bed, resident not responding, unable to get vital signs. Called 911. [Staff] started CPR (cardiopulmonary resuscitation) with the assist of another nurse. After emergency techs took over, called doctor, guardian, and Administrator. An ambulance transferred the resident to the local hospital.”
The investigator interviewed the Director of Nursing concerning the incident “regarding his expectations of staff when a resident is found unresponsive.” The Director stated “if they are diabetic, I would expect the blood sugar to be [checked] if they are unresponsive. If they are diabetic, their unresponsiveness could be the result of a high or low blood sugar.” The Director was queried about the results of missing doses of the resident’s medication and replied that “not taking [the resident’s medication] over a couple of days would tend to cause blood sugars to go up.”
- Failure to Provide Care for a Resident Away the Keeps or Builds Their Dignity and Respect of Individuality
In a summary statement of deficiencies dated March 14, 2017, the state surveyor noted the facility’s failure “to consistently ensure a resident’s mattress and pillow were covered with bedsheets and a pillow cover during the time that the resident was reclined in bed.” The investigator noted that this deficiency resulted “in a reasonable person feeling demeaned and disrespected.”
An observation was made of the resident in the room at 11:40 AM on March 12, 2017. The resident was seen “lying on a mattress that is not covered with the bedsheet. The pillow where he lays his head was not cover with the pillowcase.” When the resident “was asked about his sheets, he stated he took them off because they were stained.” The resident “got out of bed and looked at the sheet it was on the floor. Three yellow stains of various sizes …were observed on the sheet.”
A follow-up observation was made the next day on March 13, 2017, at 9:55 AM while the resident “was lying in bed. The mattress and pillow on the bed were not covered.” The following day at 11:35 AM on March 14, 2017, the same resident “was observed lying in bed on top of the bedspread. The mattress and pillow on the bed were not covered.”
During an interview with the Director of Nursing at 12:50 PM at March 17, 2017, the Director “was queried if it was a concern that [that resident] was lying on his bed without a bedsheet or pillowcase.” The Director responded “everyone should have a pillowcase or sheet on the bed. It’s a dignity issue. No one should [lie] down on a bare mattress and pillow. If [the resident] doesn’t want [the bedsheet and pillowcase], the nurse should follow up on that. It should be documented that this is his preference. If that is his preference, we can have the mattress cleansed more often.”
- Failure to Develop a Program That Investigates, Controls and Keeps Infection from Spreading
In a summary statement of deficiencies dated September 20, 2017, the state investigator noted the facility’s failure “to perform adequate handwashing/and hygiene when rendering wound care to [a resident…] during pressure ulcer care.”
An observation was made of a nurse providing wound care at 10:20 AM on September 19, 2017. During the observation, the surveyor noted that the nurse applied gloves to reposition the resident “and removed the old dressing from the resident’s right heel wound.” However, the nurse “then changed gloves without handwashing or sanitizing in between removal and donning of gloves.” The nurse also “cleansed the wound with the wound cleanser as prescribed in padded the wound dry with gauze and changed gloves without handwashing or sanitizing.” The nurse also “applied the prescribed ointment to the wound, applied the dressing, and taped it over the resident’s wound, and wrote the date and time on the tape.” Only then did the nurse “remove the gloves and left the room without performing hand hygiene.”
In an interview with the Director of Nursing at 12:30 PM on September 20, 2017, the Director replied to being asked about the findings listed above and stated that “I’ve talked to the nurses about that many times.”
How to Obtain Compensation for Your Loved Ones Injuries Sustained at a Michigan Nursing Facility
Injured nursing home residents who are the victim of abuse, mistreatment or neglect have the legal right to seek and obtain financial compensation to recover their damages involving their injuries and losses.
However, proving neglect and mistreatment in court can be complicated and require the skills of personal injury attorney who specializes in abuse and neglect cases. A Michigan nursing home lawyer working on your behalf can protect your rights and handle all the necessary paperwork, negotiate with insurance companies, and present evidence in a courtroom during a lawsuit trial.
If you were injured by neglect and abuse while residing at Law-Den Nursing Home or any nursing facility, time is of the essence. The state of Michigan has a strict statute of limitation laws concerning the amount of time you have to file lawsuit documents in your local county courthouses.
Typically, these cases are handled through contingency fee arrangements. These agreements provide immediate legal representation where your lawyer will handle your entire case without requiring any upfront payment. Your attorney’s fees are paid from the negotiated out-of-court settlement or a jury trial award.
If you are looking for information on a local facility or an attorney who has experience prosecuting nursing home negligence cases near you, please look at the pages below: