Injured Arbors East Subacute and Rehabilitation Center Residents Can File a Claim for Compensation
The Centers for Medicare and Medicaid Services (CMS) and the state of Ohio conduct routine investigations, inspections, and surveys to identify violations and deficiencies at every nursing home statewide. The facility is then given the opportunity to correct these serious problems to protect the health of every resident.
In some cases, the seriousness of the deficiency or violation is so egregious that nursing home regulators designate the Home as a Special Focus Facility (SFF). This national watch list helps to quickly identify each nursing facility in the US providing substandard care. These Homes tend to stay on the watch list for many years as state inspectors conduct extended surveys and investigations on filed complaints.
More than a year ago, nursing home regulators designated Arbors East Subacute and Rehabilitation Center as a Special Focus Facility. Since then, the nursing home has yet to make significant improvements to be removed from the national watch list.
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Arbors East Subacute and Rehabilitation Center
This Long-Term Care facility is a 99-certified bed ‘for profit’ Home providing services and cares to the residents of Columbus and Franklin County, Ohio. The Center is located at:
5500 E. Broad Street
Columbus, OH 43213
In addition to providing long-term skilled nursing care, the facility also offers:
- Short-term care
- Respiratory therapy care
- Confusion therapies
- Palliative care services
- Wound care therapy
- Respite care
- Renal disease services
- Digestive disease support
- Post-operative care
- Cardiac and stroke care
More than $20,000 in Monetary Penalties
Both the State of Ohio and Medicare/Medicaid regulators issue monetary penalties to nursing facilities identified with egregious deficiencies and violations. Within the last three years, Arbors East Subacute and Rehab Center received to monetary penalties including a $19,208 fine on December 7, 2017, and a $2208 fine on February 2, 2017. Also, Medicare denied a request for payment by this nursing home on February 2, 2017, due to substandard care.
Current Nursing Home Resident Safety Concerns
The Centers for Medicare and Medicaid Services (CMS) updates information gathered through surveys, inspections, and investigations on the Federal Medicare.gov website. These web pages detail serious concerns about health violations, dangerous hazards, filed complaints, opened investigations, and incident inquiries at every facility in the United States. The data, including the site’s star rating summary system, can be used to compare different facilities in the local community to identify which nursing homes provide the best and worst care.
Currently, Arbors East Subacute and Rehab Center maintains a much below average one out of five stars overall compared to all other facilities nationwide. This ranking includes one out of five stars for health inspections, three out of five stars for staffing, and three out of five stars for quality measures. Some major concerns identified by Medicare and Medicaid are listed below.
- Failure to Protect Every Resident from Abuse, Physical Punishment, and Being Separated from Others
In a summary statement of deficiencies dated October 12, 2017, the state investigator noted the facility failed to ensure to residents “were free from verbal abuse.” One resident was noted as having “impaired cognition, no behaviors and was independent with mobility in activities of daily living.”
A review of the September 28, 2017 Nursing Notes revealed that that resident “had called the local law enforcement due to the incident with [another resident].” The resident who called law enforcement was interviewed on October 12, 2017, and revealed that the other resident “yelled and cursed at her and called her every name of the book. She further said she was scared at the time, but staff kept him away from her, but she could hear him yelling down the hall, so she called the police.”
The Nurses Notes also revealed that the abusive resident continued to yell down the hall curse words at [the abused resident]. It was also documented staff did not leave his side and staff stepped in between [both residents].” With the help of the police, the nursing staff was able to remove the abusive resident from the facility.
- Failure to Provide Care and Services to Maintain a Resident’s Highest Well-Being
In a summary statement of deficiencies dated March 8, 2017, the state investigator noted that the facility had failed to “assess and administer timely care [to a resident] following an acute change in condition.” Actual harm occurred when a Licensed Practical Nurse “failed to assess the resident at 9:45 AM when [the resident] indicated she was not feeling well.” The resident was found approximately an hour later with no pulse and no respirations.”
A review of the resident’s Medical records revealed that “the resident was sent to the local acute care hospital emergency room… due to unresponsiveness. Record review revealed [the resident] was in contact isolation due to her infection in her urine.”
- Failure to Report and Investigate Any Act or Allegation of Abuse, Neglect or Mistreatment
In a summary statement of deficiencies dated October 12, 2017, the state investigator noted the facility had failed to “immediately report to the facility administrator staff and the State Agency an allegation of abuse involving [two residents at the facility].” An interview conducted by the surveyor with the facility’s Director of Nursing revealed that “staff did not immediately follow the facility reporting policy. Review of the facility self-reported incident (SRI) dated September 29, 2017 [the incident that] occurred on September 28, 2017, at 10:00 PM.”
- Failure to Follow Protocols on Initiating Life-Saving Cardiopulmonary Resuscitation (CPR) by the Resident’s Advanced Directives
In a summary statement of deficiencies dated July 26, 2017, the state investigator reviewed a closed medical record and interviewed staff and paramedics along with the facility’s Cardio Pulmonary Resuscitation (CPR) policy. The investigator noted that the facility had failed “to initiate cardiopulmonary resuscitation (CPR) for [a resident] who was a Full Code and was found unresponsive without vital signs.”
“Life-threatening harm and death occurred when [the resident] did not receive CPR and expired after reaching the hospital.” The investigator stated that “this resulted in an Immediate Jeopardy for [one resident] reviewed for emergent change in condition and death.” The Immediate Jeopardy began when the resident “was found by paramedics to be without vital signs, and a Licensed Practical Nurse and a Registered nurse had failed to initiate CPR.” The resident “expired upon reaching the hospital.”
The Immediate Jeopardy was removed after the facility took corrective actions including suspending an LPN, RN, and state-tested Nurse Aid pending investigation.
- Failure to Provide a Resident Privacy While Giving Incontinence Care
In a summary statement of deficiencies dated July 26, 2017, the state surveyor noted that the facility had failed to “provide a resident privacy when giving incontinence care. This [deficiency] has the potential to affect [one resident].” An interview with the resident on the morning of July 9, 2017, revealed that the resident “was alert and oriented to person, place and time. She was very friendly and spoke about her state at the facility.” The interview revealed that the resident “requires total assistance for activities of daily living and she pushed the call light to have staff come into her room to provide incontinent care when needed.”
The investigator observed a videotape dated June 26, 2017, at 10:01 AM when a Nursing Assistant and a Licensed Practical Nurse entered the resident’s room. The Nursing Assistant “went to the left side of the resident’s bed and moved to the resident’s gown up to her waist exposing her naked perineal area.” Both the nurse and the nursing assistant “proceeded to perform perineal care without pulling the privacy curtain [for the resident while the] resident’s roommate was in the room.”
The state investigator interviewed the Human Resources Manager on July 18, 2017, who revealed “upon hiring and through continuing education, all employees were given a copy and educated on Resident’s Rights in a Nursing Home. All employees were aware of the resident’s right to privacy and treatment and care of their personal needs.”
- Failure to Provide Care for Residents in a Way That Keeps or Builds Their Dignity and Respect of Individuality
In a summary statement of deficiencies dated July 26, 2017, the state investigator noted that the facility had failed to “treat residents with dignity and assist two residents with maintaining their self-esteem and worthwhile after performing activities of daily living.” One incident involved observation of a resident at 1:25 PM on July 12, 2017 “in the resident’s lounge on the unit when waiting for an activity to begin.”
The resident was observed to be “dressed in light-colored pants and a cream-colored sweater.” The resident’s “cream-colored sweater was covered with spaghetti sauce and noodles from her neck down to her waist. On each side of her in the wheelchair were rolled up blankets for support. Each blanket had to dime size dried red sauce and noodles.”
The investigator interviewed the resident who “was asked, do they give you a clothing protector?” The resident replied, “no they do not have them.” The resident was asked “do you ask them to change of clothes?” The resident “replied, ‘they tell me to shut up.’”
- Failure to Assess Residents Who Require Assistance with Eating/Drinking, Grooming, and Personal Hygiene
In a summary statement of deficiencies dated July 26, 2017, the state investigator noted that the facility had failed to “provide Activities of Daily Living (ADL) assistance for residents unable to independently carry out ADLs.” The investigator reviewed a medical record of a resident that revealed data from a nursing home admission evaluation on the resident’s “nail status was not addressed.” It was noted that the “resident was assessed as requiring the extensive assistance of one person for personal hygiene.”
The surveyor reviewed the facility shower sheets for the resident between June 2017 and July 2017 which revealed that “the resident was not marked as having her nail trimmed since admission.” Additionally, a review of the resident’s Comprehensive Care Plan “revealed no Care Plan was present regarding the ADL deficit for [the resident].” During an interview on July 10, 2017, the resident stated that “her fingernails needed to be trimmed and cleaned, but no one at the facility would trim them.”
- Failure to Provide Proper Treatment to Prevent the Development of a Bedsore Allowing Existing Bedsore to Heal
In a summary statement of deficiencies dated July 26, 2017, the state investigator noted the facility’s failure “to ensure treatment orders were thorough; treatments were completed as ordered, and residents were turned and repositioned as ordered.” This deficiency at the facility involved two residents.
The document reveals the resident was admitted to the facility with seven skin concerns including three pressure ulcers, one of which was a Stage IV pressure ulcer that included exposed bone, tendon or muscle. The Admission Nursing Narrative “stated the resident had wound treatment but did not list the specific treatment [given]. The Admission Nurse Assessment [Documented Report] was added later by the Wound Nurse, Licensed Practical Nurse on February 10, 2017.”
While the pressure sores had been documented on February 10, 2017, the order to perform specific treatment including dressing change to the coccyx area “was not clarified until February 16, 2017.” The Licensed Practical Nurse stated during an interview on July 19, 2017, that “turning and repositioning was ordered by the Wound Clinic on March 2, 2017, however, there was no order written and was not placed on the TAR until March 24, 2017.” The LPN also “confirmed that there was no documented evidence that indicated the resident was turned and repositioned every two hours.”
- Failure to Provide Every Resident Environment Free of Accident Hazards
In a summary statement of deficiencies dated July 26, 2017, the surveyor noted the facility’s failure “to safely transfer a resident from a wheelchair to bed. Harm occurred to the resident as evidenced by pain and a fractured femur when the facility staff transferred her using the incorrect assistive device and only two staff when the resident required three staff and a Hoyer lift.”
A review of the resident’s Medical Records from March 8, 2017, through April 6, 2017, revealed that “x-rays were completed due to her fall and March 7, 2017, and her continuous complaint of leg pain.” The March 9, 2017, X-ray of the hip shows an impression with “no acute fracture identified.” The April 4, 2017, mobile x-ray of the knee showed “acute distal femoral fracture with impaction.”
- Failure to Ensure That Every Resident’s Drug Regiment Is Free from Unnecessary Medications
In a summary statement of deficiencies dated July 26, 2017, state investigator noted the facility’s failure “to ensure justification for [medications given to residents]. Also, the facility also failed to attempt a gradual dose reduction, decrease the dose of the medication that was ordered to be decreased and monitor behaviors for [two residents].”
Pharmacists documents reveal that the pharmacist was consulted on July 13, 2017 “with a recommendation for gradual dose reduction of 0.5 mg at bedtime with the end goal of discontinuation of therapy. If therapy was to continue with this dose, the prescriber must document a clinical contraindication, defined as a patient-specific rationale.” A Certified Nursing Practitioner “signed the recommendation declining the recommendation with no rationale given.
The investigator interviewed the facility’s Director of Nursing on the afternoon of July 13, 2017, who confirmed “the pharmacy recommendation for dose reduction” and the actions of the Certified Nursing Practitioner whose “clinical justification was given for continued use of this medication” without rationale. “She further confirmed that the resident had no documented behaviors…”
- Failure to Ensure That Every Doctor Visit Is Made Personally by a Doctor as Required by Law
After interviewing the staff and reviewing medical records, the state investigator noted the facility’s failure “to ensure the resident was being seen by a physician at least every 60 days.” The surveyor noted that “there was no evidence during a time frame [required by law] was seen by the physician.
Want to File an Ohio Nursing Home Abuse Compensation Claim?
If you were injured by neglect, mistreatment or abuse while staying at Arbors East Subacute and Rehabilitation Center or any other Ohio nursing home, you are likely entitled to file a compensation claim to recover financial damages. Consider contacting an Ohio nursing home negligence attorney who specializes in abuse and neglect cases. These claims are handled through contingency fee arrangements so no upfront payments are required.
If you are looking for information on local facilities or attorneys who prosecute nursing home abuse cases in your area, please refer to the pages below: