Injured Cooper River West Residents Can Seek Monetary Recovery
Every nursing home in the United States must undergo a state-conducted survey to evaluate the level of care and the number of violations occurring at the facility. This survey along with unscheduled inspections are regulated under the Centers for Medicare and Medicaid Services (CMS) guidelines to ensure that every resident is receiving the highest level of care. On average, even the best run nursing homes will have 5 to 7 violations per survey on average.
However, the facilities with severe violations and egregious problems are watched closely. When a violation is deemed to cause harm or has the potential of causing harm, the state surveyors and investigators have the legal right to issue monetary fines and penalties and force the nursing home to make much-needed corrections and changes in their policies and procedures.
Should the nursing home be unable or unwilling to make the necessary changes and improve their policies, the federal government may cancel their contract to allow the facility to provide care and services to Medicare and Medicaid patients. In some instances, CMS will designate the nursing center as a Special Focus Facility (SFF) and place them on a federal watch list. Also, they will conduct significantly more inspections and surveys than normal to see if the adjustments and corrections are maintained.
Recently, Cooper River West was designated a Special Focus Facility by CMS. The Home is given weeks to months to make some corrections in the level of care they provide to ensure the health and well-being of every resident. However, the nursing home will remain on the federal watch list for at least a year or significantly longer until nursing home regulators are convinced the residents are safe and provided at least the minimum level of care concerning their health, well-being, hygiene and activities of daily living.
Cooper River West (SFF)
This Medicare/Medicaid-participating 180-certified bed nursing facility provides cares and services to residents of Pennsauken and Camden County, New Jersey. The Home is located at:
5101 N. Park Dr.
Pennsauken, NJ 08109
The Genesis-affiliated facility offers both long-term and short stay care along with skilled nursing care and:
- Respite, palliative and hospice care
- Neurological rehabilitation
- Physical, occupational and speech therapies
- Bariatric specialties
- Dementia care
- Colostomy care
- Wound care
- TPN (Total Parenteral Nutrition)
- Orthopedic rehabilitation including amputation, joint replacement and injuries
- IV therapy
- Audiology care
Every nursing home can face severe financial penalties when the Centers for Medicare and Medicaid Services determines that one or more violations at the facility caused harm or could have caused harm to a resident. On June 30, 2015, this facility received a $35,588 fine for multiple violations.
Current Nursing Home Resident Safety Concerns
The state of New Jersey and the federal nursing home regulatory agencies routinely update current data on survey and investigation findings. This information is posted on the federal Medicare.gov website and used by families to determine the level of care every nursing facility in the local community provides. The website uses a star rating summary system used for comparative analysis.
Currently, Cooper River West maintains an overall two out of five stars compared to all other Homes nationwide. This ranking includes one out of five stars for health inspections, two out of five stars for staffing, and five out of five stars for quality measures. Some of the recent safety concerns with this facility include:
- Failure to Ensure the Services Provided by the Nursing Facility Meet Professional Standards of Quality
In a summary statement of deficiencies dated July 13, 2016, the state investigator “determined the facility failed to document [in the resident’s] Medication Administration Record” having given the resident their medication on time.
An observation was made of a nurse administering drugs to a resident. “After administering the medications, the nurse returned to the medication card and proceeded to sign the medications as given. The surveyor observed the nurse assigned for administering an insulin medication that was marked to be given at 7:30 AM. The nurse stated that she had given the medication at 7:30 AM, but forgot to sign it.”
The surveyor reviewed New Jersey statutes and the Nursing Practice Act that reads in part:
“Diagnosing and treating human responses to actual potential physical and emotional health prompt, through such services as case findings, health teaching, health counseling, and provision of care supportive two or restorative of life and well-being, and executing a medical regimen as prescribed by licensed or otherwise legally authorized physician or dentist.”
- Failure to Provide Proper Treatment to Prevent the Development of a New Bedsore or Allowing Existing Bedsore to Heal
In a summary statement of deficiencies dated July 13, 2016, the State surveyor “determine the facility failed to identify residents at risk to develop pressure ulcer; identify the causal factors of the pressure ulcer, and develop and implement interventions to prevent and heal pressure ulcers.” The deficient practice was identified for four residents “who developed pressure ulcers while in the facility.”
One case was noted during an observation at 8:30 AM on July 13, 2016, when “wound care was provided in its “healing stage ulcers on both heels. The resident’s sacral opening was resolved on June 23, 2016, according to the unit manager.” However, “there was no evidence of the facility identified the resident to be at risk for skin breakdown or develop a plan of care to prevent the development of pressure ulcers.”
In a separate incident, another resident developed a new pressure ulcer that was noted on June 15, 2016 “to the left lateral leg (tibial tuberosity). Review of the skin assessment …revealed a new ulcer was assessed as a stage III [bedsore] and measured 2.5 cm x 1.5 cm x 0.3 cm.” An observation made of the resident on July 13, 2016, revealed the resident’s pressure ulcer. The presence of two certified nursing aides revealed a stage II pressure ulcer measuring 0.5 cm x 0.5 cm. An interview with the resident’s CNA stated that ‘I don’t think everyone is repositioning [the resident] the way [the resident] should be repositioned.’”
The surveyor noted that the resident “was last seen by the Occupational Therapist from November 18, 2015, to November 24, 2015. There was no further evaluation by either physical or occupational therapy …to reevaluate the resident for positioning and continued use of pressure relieving devices.”
- Failure to Provide a Level of Resident Care Equal or Better Than New Jersey Averages and National Averages
The state of New Jersey and the Federal Government collect current data on short-stay measures to be used as a comparative analysis of nursing facilities. Some standout information involving Cooper River over the New Jersey and National averages include:
- Percentage of short-stay residents who improved in their ability to move around on their own to perform a variety of tasks including bathing, grooming, eating, dressing, bed mobility, toileting, and relocating from the bed to the chair. The higher the number, the better. The New Jersey average for improvement is 70.0%, the national average is 66.7%, and Cooper River West was well below the average of resident improvement at 47.1%.
- Percentage of short-stay residents who report moderate to severe pain. Lower percentages are better. National averages are 14.1% of all residents compared to the New Jersey better average of 6.7%. However, Cooper River West had an excessively high poor rating of 17.0% of all residents report moderate to severe pain.
- Percentage of short-stay residents who needed and got a vaccine to prevent pneumonia. Higher percentages are better. The national average of 82.8%, which was slightly lower than the better New Jersey average of 89.1%. However, the Cooper River West was significantly lower at a 60.1% very poor performance level.
- Amount of time Registered Nurses spent with each resident every day. More time is better. The national average is 50 minutes per patient per day compared to the higher 59 minutes per patient every day in New Jersey. However, Cooper River West had an abysmal rating of 33 minutes per resident per day, which was significantly below average.
- Amount of time Certified Nursing Assistants spends per resident per day. More time is better. The national average is 2 hours and 27 minutes compared to the slightly lower 2 hours and 16 minutes of the New Jersey average. However, Cooper River West had a significantly lower rating of 1 hour and 47 minutes (40 minutes less than the national average) per resident per day.
- Amount of time that physical therapy staff spends per resident per day. More time is better. The National average is six minutes per resident per day compared to the much higher New Jersey average of ten minutes per resident per day. However, Cooper River West had an abysmal rating of two minutes per resident per day which was significantly lower than the national average and New Jersey average.
- The number of residents a registered nurse provides care, to coordinate, manage and deliver care to their residents every day. The lower the number, the better. The national average of the total number residents every Registered Nurse is in charge of during their shift is 85.4. This significant lower number is much less than the 121.8 residents under a Registered Nurse’s charge during their shift in New Jersey. This high number a significantly lower than the abysmal 161 residents Register Nurses must provide care for during their shift at Cooper River West on average.
Were You Injured While Residing in a New Jersey Nursing Facility?
Were you the victim of neglect, mistreatment or abuse while you were residing in a skilled nursing facility, assisted living care home, rehabilitation center, or nursing home? If so, hiring a reputable personal injury attorney who specializes in abuse and neglect cases could help. You likely have the right to file a case for compensation unless the statute of limitations has already expired.
An attorney working on your behalf can hold those who caused your harm legally accountable and financially responsible to recover your monetary damages. These cases are usually handled on contingency. This term means you can receive immediate legal representation without paying an upfront fee. All attorney services are paid only after the case is successfully resolved.
To begin the process of initiating a New Jersey nursing home case, contact our law firm today by completing this intake form.
For more information on the laws and regulations applicable to New Jersey nursing facilities, look here.
Look at the pages below for more information on nursing homes in cities in New Jersey and attorneys who represent families of residents who are injured or deceased.
- Brick Township
- Elizabeth Nursing Home Abuse Lawyer
- Jersey City Nursing Home Attorney
- Newark Nursing Home Neglect Lawyer
- Paterson Nursing Home Abuse Attorneys
- Toms River
- Trenton Nursing Home Lawyers