Lawyer Resources for Oregon

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Lawyers for Abused Prestige Post-Acute & Rehab Center Residents

The Centers for Medicare and Medicaid Services (CMS) and the state of Oregon routinely conduct surveys and investigations on every nursing facility to ensure that residents are receiving the utmost care. In the event of a violation or deficiency, the surveyor will write a report and produce a directive to ensure the deficiencies and violations are corrected immediately. The nursing facility is given an appropriate amount of time to make improvements or face unwanted legal consequences.

Some facilities have ongoing problems that are based on underlying conditions where the residents receive substandard care. When this occurs, Medicare, Medicaid and the state of Oregon might classify the nursing home as a Special Focus Facility (SFF). This unwanted designation identifies the nursing home as having dangerous and hazardous problems. Also, placing a nursing facility on this federal watchlist triggers additional scheduled surveys and unannounced inspections to determine if any improvements are long-lasting.

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The family of Mabel Montgomery is bringing a wrongful death lawsuit against the assisted living Dementia Patient With Broken Neckfacility where she lived, Juniper House.  The lawsuit alleges that Ms. Montgomery left Juniper House through a fire exit and fell.  The fall resulted in a fracture of Ms. Montgomery’s neck and traumatic brain injury.  The injuries from the fall ultimately lead to the woman’s death.

The lawsuit further alleges that the Oregon Assisted Living Facility knew that Ms. Montgomery had dementia and had a propensity to leave or wander from the facility.  The staff at Juniper House apparently went so far as to assure the victim’s family that the fire doors were secured in a way to prevent residents from easily opening them.

Understaffing is the real culprit here.  Too often the simplest preventative measures could stop dangerous situations from occurring.  I would be interested to see what time of day this incident occurred as how many staff were working at the time.  My guess is that this incident occurred at a time when staffing was at a minimum.

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oldpersonThe criminal case against two Portland nursing home employees gave me chills.  This case goes beyond nursing home neglect and enters the realm of nursing home cruelty. According to reports, a nursing director is being charged with two charges of criminal mistreatment and a certified nursing assistant (CNA) is being charged with reckless endangerment for their inaction following the fall-related injury to a resident at the Gateway Care and Rehabilitation Center.

The nursing home employees allegedly waited five days before sending a 59-year-old resident to the hospital for medical treatment for her broken legs sustained in a fall.  The nursing home resident apparently fell while being transferred from her wheelchair to her bed with a lift.

The nursing home staff tried to hide the incident from the resident’s family.  Federal and state nursing home regulations were ignored as no incident report was completed following the fall.  Despite the fact that the nursing home resident was screaming in pain and nurses could hear popping sounds coming from the badly broken legs, no medical treatment was provided.  After five days of living in pain the resident was taken to a hospital where she died.

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Medication Theft From Nursing Home ResidentsA woman accused of sneaking into Beaverton’s Maryville Nursing Home has been arrested.

Theresa Kim Smith is a certified nursing assistant in the Portland area and someone the police listed as “a person of interest” in a reported theft of Fentanyl pain patches.  The suspect woman posed as an employee at the Maryville Nursing Home on three separate occasions, but no motive was suspected at the time. Tips from the public led police to interview Smith, and the stealing Fentanyl patches from residents could be a possible motive.

Smith, who works at the Care Center East Nursing Home in Portland, is suspected of stealing the pain patches from multiple nursing home locations.  The Oregon State Board of Nursing has been conducting its own investigation into Smith’s reported Fentanyl thefts and has suspended her CNA certification.  Read more about the posing nurse here.

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