Lawyer Resources for Texas

Injured Lennwood Nursing and Rehabilitation Center Residents Seeking Financial Compensation

The Centers for Medicare and Medicaid Services (CMS) and the state of Texas conduct routine surveys and unannounced investigations at every nursing facility statewide. The effort to the surveyors and inspectors help identify serious concerns involving violations and deficiencies at the Home. When problems are identified, the facility has the opportunity to make immediate corrections to maintain and protect the health and safety of every resident.

In some egregious cases, state and federal nursing center regulators will designate a Home as a Special Focus Facility (SFF) on a national watch list. Receiving this unwelcomed designation means that the facility will have to undergo additional unscheduled surveys and inspections to determine the level of improvements that the nursing home has made. The facility can only be removed from the watch list after many years of proving how significant changes made to the policies/procedures in providing care has significantly increased the quality of life of the resident.

Law Firm Represents Injured Residents of Legend Oaks Healthcare & Rehabilitation – North Houston

The state of Texas and Centers for Medicare and Medicaid Services (CMS) routinely investigate complaints and conduct surveys on nursing facilities to ensure the Homes are providing an acceptable standard of care. In the event of serious deficiencies and violations, the nursing home will be required to make immediate improvements that can be validated by state inspectors.

Any nursing home that fails to make necessary improvements or has recurring issues could be placed on the Special Focus Facility (SFF) list and kept under the watchful eye of the Medicare and Medicaid program. If the facility still fails to make the necessary changes, they may lose their contract with the federal and state governments to provide care to funded patients. In some cases, the nursing home must close their doors or sell or company to a facility in good standing in the nursing home industry.

Texas, like many states, is usually somewhat hesitant to close down assisted living facilities.  After all, the closures impose a level of stress on residents whom must find an alternative living arrangement. Similarly, the closures are generally accompanied by a good deal of criticism from the owners of the facility itself.

However, sometimes enough is just enough at dangerous facilities simply cannot be given further opportunities to improve without further jeopardy to the people who live there.  For just the fifth time in the last five years, the Texas Department of Aging and Disability Services found such horrendous living conditions they were forced to order a Corpus Christi assisted living facility to close.

On April 15th, Texas officials ordered Affordable Quality Care Assisted Living Facility to close following confirmation of residents who were repeatedly abused and neglected.  Citing information gathered from facility employees and general observation by state investigators, the state’s report chronicled horrendous care such as:

texasOne week after arriving at DFW Nursing & Rehab 23-year-old Even Fleming was dead.

The young man was admitted to the Texas nursing home for rehabilitation following a car accident that left him with a traumatic brain injury (tbi) and multiple facial fractures.  On September 14th, a CNA called a nurse at the facility after she noticed that Evan was not breathing.

Rather than initiate CPR, the nurse scrambled to locate Evan’s medical chart to determine what his families were with respect to resuscitation.

Authorities are now looking into how 85-year-old, Edna May Sides, managed to wander from Hillside Plaza Nursing Home without the knowledge of nursing home staff.  On July 15th, Sides dead body was found a short distance from the facility.

Alzheimer’s Patient WandersInitially, the nursing home told the family that Sides passed from ‘natural causes’.  However, when the family learned that Sides wandered from the facility, they notified the Cherokee County Sheriff and the Wells Police Department. “The family thought it was a little strange, so they went to the Justice of the Peace in Alto and then called the Sheriff’s Office and our department.” said Wells Police Chief Barry Starnes
Despite the fact that law enforcement officials are involved in an investigation, Chief Starnes doesn’t believe foul play is involved, “I believe there was possible negligence, but I don’t believe someone purposely did this. We’re trying to get to the bottom of how this person got outside when she wasn’t supposed to be,” he said.

Nursing Home AbuseCan someone please let me know what drives a person to physically abuse a defenseless elder? Is it empowering?  Is it done out of frustration? Does it just feel good?

Out of Texas, Lufkin Police have arrested a certified nurses aide (CNA) in connection with an episode of abuse witnessed by co-workers.  The incident took place on March 22, 2009 at Castle Pines Health and Rehabilitation Center. Apparently, the CNA took an 80-year-old CNA into her room, closed the door and began striking resident.

Staff at the facility were alerted to a potential problem when the resident activated a call light by the bed.  When staff arrived to check on the situation, they witnessed the CNA striking the resident.  A closer inspection of the situation revealed the resident’s blood spattered on her bed.  Bruises were also observed on the resident’s arms and legs.

Justia Lawyer Rating for Jonathan Rosenfeld

Client Reviews

★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric