Many nursing home residents become victims of abuse and neglect due to their physical infirmity, medical condition or dementia. As vulnerable members of society, the elderly are often easy prey for the most unscrupulous owners, staff and employees at nursing homes nationwide. In fact, the Columbia nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have recognized how greed can play a significant role in cases involving mistreatment of residents who suffer serious harm and injury at the hands of those who are paid to provide them care.
Every nursing home receiving funds from state and federal government agencies are subject to unexpected and unannounced visits by surveyors and investigators. These agencies work hard to ensure that the nursing home remains in compliance with lawful regulations. However, because of a lack of financial backing, scheduled surveys, and unannounced nursing home visits are too far and few between to make real change in preventing many of the cases involving mistreatment and neglect of the elderly, infirmed, and disabled.
Cases involving mistreatment are on the rise in Boone County and in the neighboring communities of Jefferson City, Mexico and Moberly. Out of the more than 175,000 residents living within the boundaries of the county, approximately 18,000 of them are 65 years and older. The aging population has risen substantially in recent years, even though the number of nursing homes has remained almost level. As the demand for nursing home beds has increased, many facilities are struggling to hire competent, qualified staff members and nursing professionals to provide the highest level of care. As a result, many residents have been victimized by mistreatment and abuse.
Columbia Nursing Home Resident Health Concerns
Our Columbia elder abuse attorneys have years of experience in handling personal injury cases, wrongful death lawsuits and nursing home abuse claims for compensation. Our lawyers have proven skills in showing how the wrongful conduct of others caused our clients injuries. We take steps to fight aggressively to ensure our clients receive full recompense for their injury or death of their loved one.
In addition, we continuously review, evaluate and assess publicly available information outlining hazardous conditions, safety violations, filed complaints and opened investigations against nursing homes all throughout Missouri. Family members with a loved one in a nursing facility will often review this information posted below in an effort to determine the level of care the home provides. Others use the information to make the best-informed decision before placing an elderly, infirmed, or disabled parent, grandparent or spouse in a nursing facility in the Columbia area.
Comparing Columbia Area Nursing Facilities
The compiled list below by our Boone County nursing attorneys details Columbia area nursing facilities that currently maintain below average ratings compared to other homes nationwide. In addition, we have posted our primary concerns as a part of the details of every nursing facility showing specific cases where the resident was directly or indirectly harmed by negligence, abuse or mistreatment.
COLUMBIA HEALTHCARE CENTER
1801 Towne Drive
Columbia, Missouri 65202
A “For-Profit” 97-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Provide Every Resident All the Necessary Services and Care to Maintain Their Highest Well-Being to Prevent an Immediate Jeopardy
In a summary statement of deficiencies dated 07/23/2015, a complaint investigation was opened against the facility for its failure to “initiate cardiopulmonary resuscitation (CPR) [for a resident who had a] written directive for full code status when they found the resident without pulse or respirations.” In addition, the state investigator noted that the facility also failed “to notify the resident’s physician of the resident’s change in condition.”
The complaint investigation involved an interview with the facility’s Licensed Practical Nurse who said “the facility’s normal practice to identify code status is to check for green or red forms in front of the resident’s chart. Red means No Code and green means Full Code [to use all life preserving measures available].” The Licensed Practical Nurse said “if in doubt, the staff should start CPR and call emergency services. The state investigator reviewed the resident’s Medical records to reveal that “the resident was admitted to the facility after a motorcycle vehicle accident, which resulted in a fractured femur (thigh bone) with subsequent hospitalization and surgical repair of the fracture in an acute care hospital.”
The resident’s medical record also contained a Resident Code Status Form that was dated and signed by the resident’s guardian/parents and stated: “If I am found without a heartbeat or pulse: My wishes to have cardiopulmonary resuscitation (CPR). I understand that CPR consists of chest compressions and artificial breathing. Risks of CPR include broken ribs, severe bruising, punctured lungs, but I’m willing to accept the risks if the effort may save my life.” The medical records also revealed an undated Certified Nursing Assistant Care Card with a check mark that indicated that the resident was Full Code Status.
A written statement was admitted as part of the facility’s investigation that was documented by the Licensed Practical Nurse who stated that “at approximately 12:20 PM, the Certified Nursing Aide called the nursing staff to [the resident’s] room. The resident had black colored emesis [vomit] on the face, ears, nose, sheets and on the floor. They did not detect any vital signs.” At this time, the Licensed Practical Nurse documented that they “last saw the resident approximate 7:30 PM, and [that the resident] was awake without any signs/symptoms of distress.”
As a part of the investigation, the Licensed Practical Nurse also said that when they started their shift “at 6:00 PM, [they] first saw the resident at about 7:30 PM. The Certified Nursing Assistant called [them] to the resident’s room at about 10:20 PM, 10:30 PM and the resident was really dead. [The resident] had been dead a while.”
The Licensed Practical Nurse also indicated that they “did not find a red or green sheet in the resident’s chart […and later stated that they had] found the Resident Code Status Form with the Code Status instructions [… but] did not recall when that was.”
The Licensed Practical Nurse (LPN) was asked what they were “expected to do when [they] found someone without vital signs and unknown Code Status. The LPN replied, “I guess I could do CPR, but the resident was dead a long time.” The LPN also said that they “thought of doing CPR or calling [emergency services] but it was such a mess and [they] wanted to clean the resident up first.”
The LPN also said that they were not sure if they “call the resident’s physician and thought [another Licensed Practical Nurse] did, […and] did not notify the resident’s family because [they] could not find the family’s phone number.” At that point, the Licensed Practical Nurse “called another staff person who helped [them] to find the contact information, [and another LPN] notified the family.”
The state investigator conducted an interview with the facility’s Social Services Director who indicated that the Licensed Practical Nurse had called them at 11:05 PM that evening and said the resident had passed away. At that point, the Social Services Director explain “how to find the contact information […and asked the LPN if they] performed CPR and called [emergency services]. When the Licensed Practical Nurse said that they had not performed CPR, the Social Services Director said that “the resident was a full code […and] that they did not put the green sheet indicating Full Code on the chart because the resident came in late [on the date of admission] and died the following night.”
A telephone interview was conducted with the resident’s sibling who said that they had gone to the facility that evening at approximately 8:30 PM “to bring the resident clothing [… but] did not see the resident because [they] did not want to get the resident excited at this hour in case [they were] already settled in for the night.” The sibling gave clothing to an employee to be placed into the resident’s room at a later time.
A telephone interview was conducted with the resident’s physician who indicated that “the staff did not call [them] regarding the resident’s death until about 10 hours later when [they] received a follow-up call from the facility’s Administrator.” The resident’s physician “expected the staff to initiate CPR and call [emergency services] in such a situation and expected to be notified immediately.”
The state investigator noted that at the time of the abbreviated survey [into the investigation], the violation was determined to be an immediate jeopardy.”
Our Columbia nursing home neglect attorneys recognize that failing to follow procedures and protocols during emergency situations could cause an immediate jeopardy to the resident. The deficient practice of the nursing staff in their failure to provide life-saving measures during emergency event might be considered negligence or mistreatment because their actions failed to follow the facility’s policy title: CPR Policy/Procedure that reads in part:
“The staff is directed to check the resident’s medical record for CPR and no CPR, call paramedics, attending physician and administrative personnel when they find a resident without pulse or respirations. A physician pronounces the resident dead.”
RIVERDELL CARE CENTER
1121 11th Street
Boonville, Missouri 65233
A “For-Profit” 60-certified bed Medicaid/Medicare-participating facility
Overall Rating – 3 out of 5 possible stars
Primary Concerns –
Failure to Ensure That Every Resident is Provided an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent Avoidable Accidents from Occurring
In a summary statement of deficiencies dated 02/18/2016, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “ensure resident safety while smoking and using oxygen for [a resident] at the facility.”
The deficient practice was noted by state surveyor after reviewing a resident’s MDS (Minimum Data Set) that revealed that the resident was “cognitively intact and uses oxygen. In addition, a review of the resident’s 01/21/2016 Plan of Care reveals that facility staff assesses the resident’s care needs, noting that the resident “requires continuous oxygen […and] is a smoker and has been educated concerning the risk of being on oxygen and smoking.” The documentation also reveals that the resident is “able to manage [their] oxygen and smoking, smokes independently [and is] aware of designated smoking areas.”
The state investigator further reviewed the resident’s 01/21/2016 Plan of Care that documented a “handwritten note by staff to educate the resident to turn the oxygen off while smoking.” In addition, the resident’s 01/14/2016 Safe Smoking Assessment [that is used by the staff members to determine if the resident is safe to smoke independently and require staff supervision] revealed that the “staff assess the resident is safe to smoke independently with set up and may maintain own supplies.”
The state investigator observed the resident at 12:55 PM on 02/17/2016 that showed that “the resident was outside on the porch smoking a cigarette with [their] nasal cannula on and the oxygen turned on. At this time, DHSS [Department of Health and Senior Services] surveyors intervened and brought the Director of Nursing to the resident to check the oxygen on the resident.”
During an interview conducted at 1:30 PM on 02/17/2016, a Certified Nursing Assistant providing the resident care “that the resident smokes in the smoke room or outside, on his own, without supervision […and that they had] witnessed the resident smoking with oxygen on last week.” In addition, the Certified Nursing Assistant said that they “reported the incident, but could not recall who [they] reported to.”
That same afternoon at 4:00 PM, during an interview with a Licensed Practical Nurse, it was revealed that the nurse “would expect the staff to notify [them] if the resident had smoked with [their] oxygen on.” In addition, the Licensed Practical Nurse said that they “were not informed that the resident had been seen smoking with [their] oxygen on.”
A few minutes later at 4:23 PM on 02/17/2016, the facility’s Director of Nursing “said that the resident was educated on oxygen safety and the importance of turning the oxygen off and removing the nasal cannula prior to smoking.” In addition, the Director also indicated that they “did not educate the resident on how far the oxygen needs to be away from the smoking materials […and] that she was not aware [that] the resident smoked with oxygen on.” The Director also indicated that “she would expect the staff to notify [her] if the resident is observed smoking with oxygen on […and] she expects staff to notify oncoming staff if the resident had been smoking with oxygen on.”
Our Boonville nursing home neglect attorneys recognize that failing to provide every resident an environment free of accident hazards and provide adequate supervision to prevent an avoidable accident from occurring could place the health of the resident in Immediate Jeopardy. The deficient practice by the nursing staff to take appropriate measures when a resident using oxygen smokes independently could be considered negligence or mistreatment because their actions failed to follow the facility’s March 2004 policy title: Oxygen Administration Policy that reads in part:
“The facility may impose smoking restrictions on residents at any time if it is determined that the resident cannot smoke safely with the available levels of support and supervision.”
GOLDEN LIVINGCENTER – JEFFERSON CITY
3038 West Truman Blvd
Jefferson City, Missouri 65109
A “For-Profit” 87-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Ensure That Residents Are Provided an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent an Avoidable Accident from Occurring
In a summary statement of deficiencies dated 06/08/2015, a complaint investigation against the facility was opened for its failure to “ensure the safety of [a resident at the facility] who was transported by the facility to [their] cardiologist appointment and left unattended by facility staff.” The deficient practice by the nursing staff at Golden Living Center – Jefferson City require the resident to utilize “a personal alarm pad in [their] wheelchair to alert staff of [their] attempts to rise from the chair unassisted due to a history of falls.”
A part of the complaint investigation Involved a review of a Resident’s August 2014 Fall Risk Assessment that revealed that the facility had scored the resident as a 15, where a score of 10 or higher indicates a high risk for falls. In addition, the state investigator reviewed the resident’s 03/08/2015 Plan of Care that revealed that the staff had “recorded the resident was at risk for falls related to a history of falls and impaired mobility. Further review shows the Care Plan directed staff to provide the following interventions for the resident: provide the resident with frequent reminders to call for staff when needing assistance; adjust the resident’s bed in a low position […and] apply a bed alarm” as a way to alert the staff anytime the resident attempts to rise without assistance.
The state investigator reviewed the facility’s 1:43 PM 05/02/2015 Nurses Notes that revealed that the staff had documented that “the resident attempted to transfer [themselves] from the wheelchair to the bed and slid to the floor.” In addition, the facility’s 1:00 PM 05/28/2015 Weekly Planner revealed that “the resident was scheduled for a cardio appointment.
The resident’s 05/20/2015 4:42 PM Cardiologist Nurse’s Notes show that “staff recorded the resident was dropped off and left unattended in the cardio waiting room by the driver from the facility.”
The state investigator interviewed the facility’s Director of Nursing at 10:20 AM on 05/29/2015. The Director said “due to the resident’s history of falls, someone should have stayed with [them] at the cardiology office. In addition, a 10:30 AM 06/08/2015 interview with the Licensed Practical Nurse providing the resident care it was revealed that “typically the resident was alert and oriented and would be able to go to the appointments alone, but you never know when [they] might have an off day and be confused.”
Our Jefferson City nursing home neglect attorneys recognize it failing to provide every resident adequate supervision to prevent an avoidable fall from occurring could place their health and well-being in jeopardy. The deficient practice by the nursing staff in providing substandard supervision might be considered negligence or mistreatment because their actions violate both federal and state nursing home regulations.
GOLDEN LIVINGCENTER – PIN OAKS
1525 West Monroe
Mexico, Missouri 65265
A “For-Profit” 124-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Follow Procedures and Protocols in Reporting and Investigating Any Act or Alleged Act of Abuse, Neglect or Mistreatment of Residents
In a summary statement of deficiencies dated 09/11/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “immediately report an alleged violation of misappropriation of [a resident’s] narcotic pain medication to the facility Administrator and to the State Survey Agency.” In addition, the state investigator noted the facility’s failure “to report the results of the investigation of the allegation to the State Agency within five working days of the incident.”
The deficient practice was noted by a state investigator after a 6:00 AM 09/10/2015 interview with the Registered Nurse at the facility who revealed that “on August 24, 2015 at 10:00 PM, the change of shift narcotic count was incorrect.” One of the resident’s cards was missing. As a result, the Registered Nurse “call the Director of Nursing and left a message […and] call the Assistant Director of Nursing and was instructed to make a new count sheet and place count sheet without a corresponding card of medication with a statement under [their] door.
During an interview that occurred at 3:20 PM on 09/09/2015, the Assistant Director of Nursing revealed that on August 24, 2015, the Registered Nurse called them “to report the change of shift narcotic count revealed a missing card.” At that time, the Assistant Director of Nursing instructed the Registered Nurse “to write a signed statement of the incident, instruct all staff involved to write a signed statement, make copies of the narcotic count sheet and place all information under [the Assistant’s] door.”
However, the Assistant Director of Nursing “did not notify anyone else about the incident until the next morning […and] informed the Administrator and Director of Nursing the next day.” However, the Assistant noted that they “did not know the facility’s misappropriation of property policy.”
The state investigator conducted a 09/09/2015 interview with the facility’s Director of Nursing who said that the resident’s cards involved in managing controlled pain medication were “missing from the narcotic drawer in the medication cart on South 1 Hall, […and that] the first incident occurred on 08/25/2015.” In addition, the “second incident occurred on 09/02/2015.” At the time that the prescription was sent to the pharmacy for a refill, the pharmacy indicated “that the medication was ineligible for a refill. The resident should not have taken all the medication delivered on 08/24/2015.” When the Administrator was interviewed at 10:30 AM on 09/09/2014, it was revealed that they were “aware of the two cards missing from the narcotic drawer in the medication cart […and] the first incident had occurred on 08/25/2015 and [that they had] been notified when [they] arrived to work on 08/26/2015.”
The Administrator also indicated that they would expect the staff to notify them “immediately, not the next day, of any allegation of abuse, neglect or misappropriation of property.” The Administrator also said that they had not “notify the state survey and certification agency regarding the alleged incident on 08/25/2015 […and] was unsure why the State had not been notified of the incident.” The Administrator also verified that “the second incident occurred on 09/02/2015 […and] did not notify the state agency on 09/03/2015.” The Administrator “decided to call the State agency after two similar incidences occurred, [in that the facility] had a larger problem than [they] originally considered.” The Administrator also said that “the investigation was not completed […and that the Director of Nursing] was writing the report with the investigation findings.
The facility’s “investigation did not determine the perpetrator of the medication. The narcotic drawer keys were accessible to multiple staff members and lay on the cart unattended for a period of time.”
Our Mexico Missouri nursing home neglect attorneys recognize that failing to follow procedures and protocols to report and investigate any allegation or act of mistreatment, neglect or misappropriation of property violates both state and federal regulations. The deficient practice by the nursing staff and Administrator at Golden Living Center – Pin Oaks might be considered an act of negligence because their actions failed to follow the facility’s 01/15/2015 policy titled: Reporting Alleged Abuse Violation that reads in part:
“It is the responsibility of all employees to immediately report any alleged violation of abuse, neglect, injuries of unknown source and misappropriation of resident property.”
“It is the policy of the center to take appropriate steps to prevent the occurrence of abuse, neglect or misappropriation of resident property.”
“Such violations are also reported to state agencies in accordance with existing state law. The center investigates each such alleged violation thoroughly and reports the results of all investigations to the Executive Director or his/her designee, as well as to state agencies as required by state and federal law.”
ADAMS STREET – A STONEBRIDGE COMMUNITY
1024 Adams Street
Jefferson City, Missouri 65101
A “For-Profit” 120-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Ensure That Every Resident Is Provided an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent an Avoidable Accident That Led to Actual Harm
In a summary statement of deficiencies dated 04/03/2015, a complaint investigation against the facility was opened for its failure to “utilize foot rest on wheelchairs when wheeling residents.”
The complaint investigation involved gathered information showing that “staff wheel residents seated in wheelchairs without foot rests, causing residents to let their feet off the floor and maintain them raised while staff wheeled them.” In addition, two residents “were unable to maintain their legs lifted off the floor.] As a result, one resident [sustained a fractured leg while staff wheeled the resident without foot rests on [their] wheelchair.”
In one incident, the state investigator reviewed a resident’s 02/25/2015 MDS (Minimum Data Set) that revealed the resident has adequate hearing and vision, able to understand and make themselves understood, uses a walker and/or wheelchair and requires extensive assistance for locomotion. In addition, the documentation also indicates that the resident suffers from shortness of breath with exertion, and is on oxygen and anticoagulant medication.
The investigator also reviewed the resident’s 02/24/2015 Care Plan that indicates the resident is at “high risk for falls related to fatigue. Interventions staff planned to address this issue do not address the resident use of a walker/wheelchair for locomotion.”
The resident’s documents were faxed to the surveyor at 10:30 AM on 03/24/2015 revealing that “on 03/23/2015, the resident’s right knee was bent back when [they were] being propelled in the resident’s wheelchair. The resident’s right knee has had past history of surgery and has pins place. After the leg was bent, an open area was noted under the right knee. The area was bleeding profusely. Pressure dressing was applied, swelling noted in the right knee and bruising noted.”
The documentation shows that the resident’s family “were at the bedside and requested an x-ray.” The x-ray was performed and showed no fracture or break and that the resident experience no pain on that day. However, by 03/24/2015, the resident started experiencing pain and was only given Tylenol 325 milligrams in two tablets every four hours to handle their pain. However, after taking the Tylenol two times that day the resident experienced “no relief in pain” and asked if “can we have something stronger please?” The notation also states that the resident’s knee was still profusely bleeding.
The facility conducted an internal investigation on 03/23/2015 with documentation from the staff that indicates that on that day “the resident had propelled [themselves] part of the way down the hallway.” As a part of their therapy, the resident “was it is supposed to be propelling [themselves] or ambulating with one assist.” At that point, “the resident asked the aide if [they] could take [the resident] the rest of the way as [they were] tired, short of breath.”
At the point where the nursing staff was “pushing the resident, the resident’s right leg went back under the wheelchair. The Aide stopped and reposition the resident’s leg and continue to [their] room.”
“The staff documented under the headings Steps Taken by Facility Prevent Further Incidents” documents that the staff has been educated “to remind resident to hold/elevate legs when being pushed in the wheelchair.”
The state investigator conducted an 8:54 AM 04/07/2015 telephone interview with the Certified Nursing Assistant who said that they were “in the hall of the resident was self-propelling [themselves and their] wheelchair. The resident asked [to be pushed back to the room because they were “shorter breath. The resident held up [their legs] must have gotten tired because [they drop their legs] and one leg went under the wheelchair.”
The investigator interviewed the resident’s physician at 12:00 PM on 04/06/2015 who said: “if the resident had not had the accident, they] would not have ended up in the hospital.”
Our Jefferson City nursing home neglect attorneys recognize that failing to provide a level of care to ensure the health and well-being of every resident could place the resident’s life in jeopardy and cause actual harm. The deficient practice of the nursing staff at Adam Street –A Stonebridge Community might be considered negligence or mistreatment because their actions directly caused the actual harm to the resident causing pain and profuse bleeding.
MOBERLY NURSING and rehabilitation Center
700 East Urbandale Drive
Moberly, Missouri 65270
A “For-Profit” 101-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Develop, Implement and Enforce a Program That Investigates, Keeps or Controls Infection from Spreading throughout the Facility
In a summary statement of deficiencies dated 07/09/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “properly clean and disinfect the shower room floor after being contaminated with feces.” The deficient practice of the nursing staff at Moberly Nursing and Rehabilitation Center directly affected one resident at the facility.
The deficient practice was noted by a state investigator after a review of a resident’s 05/07/2015 Quarterly MDS (Minimum Data Set) that revealed the resident has “severely impaired cognition, incontinent of bowel and [requires] extensive assist of one staff for dressing, toileting, personal hygiene and bathing.”
An observation was made at the facility at 9:00 AM on 07/07/2007 that showed a Certified Nursing Assistant “assisted the resident to the shower room and [the resident’s wheelchair while placing it in front of the toilet.” While the Certified Nursing Assistant (CNA) transferred the resident from the wheelchair to the shower chair “the resident had a loose bowel movement on the floor.” At that point, the Certified Nursing Assistant “push the shower chair [with the resident seated on it] to the shower bay […and] assisted [the resident] with their shower and drying (tossing soiled linens on the shower bay floor).
The Certified Nursing Assistant then pushed the shower chair back to the toilet area [using a towel to wipe the feces out of the way] where the smears of feces remained on the floor in front of the resident.” At that point, the Certified Nursing Assistant through soiled towels and wash cloths on the floor.
Next, the Certified Nursing Assistant now “in front of the resident, who remained in the shower chair, with [their] shoes coming in contact with the fecal soiled area and apply the resident’s incontinence brief, pants, socks and shoes. The resident shoes also came in contact with the area.”
At this stage, the Certified Nursing Assistant “wheels the resident’s chair to the grab bar, tracking through the soiled area, and had the resident stand and hold onto the grab bar.” The Certified Nursing Assistant “then grabbed a soiled towel from the pile on the floor and began to dry the resident’s backside. The towel was soiled with feces, the surveyor advised [the Certified Nursing Assistant of this while the CNA] assist the resident into [their] wheelchair.” At this stage, the wheels of the wheelchair also came in contact with the feces that was smeared on the floor.
The surveyor conducted an interview 20 minutes later with the Certified Nursing Assistant who verified that they “should not have thrown linens on the floor […and] should have cleaned the feces from the floor using the sanitized wipes (disposable, disinfectant cloths) that were nearby […and] clean all equipment and clothing items that came in contact with the smeared feces should be clean with sanitized wipes and [that they] would do so.”
The state investigator interviewed the facility’s Administrator at 10:40 AM on July 9, 2015 who said that “she would expect feces to be cleaned up off the floor with disinfectant before staff walk or roll over the area in their wheelchairs.”
Our Moberly nursing home neglect attorneys recognize that failing to develop, implement and enforce programs that minimize the spread of infection and maximizes sanitation at the facility could place the health and well-being of all residents in jeopardy. The deficient practice by the nursing staff at Moberly Nursing and Rehabilitation Center might be considered mistreatment or negligence because their actions fail to follow the facility’s June 2006 policy title: Body Substance Precautions System that reads in part:
“Proper environmental cleaning is an essential component of the entire spectrum for preventing and controlling infections.”
“Always clean grossly soiled areas (feces, urine, vomitus, sputum, and drainage) with an organic cleaner/detergent before using the disinfectant.”
VALLEY VIEW HEALTH and REHABILITATION center
1600 East Rollins
Moberly, Missouri 65270
A “For-Profit” 96-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Provide Proper Care and Treatment to Residents to Prevent the Development of a New Bedsore or Allow an Existing Bedsore to Heal
In a summary statement of deficiencies dated 03/12/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “turn or reposition to residents [at the facility] who were incontinent and who the facility staff assessed as being at risk for pressure ulcers.”
The deficient practice was noted by state investigator after a review of a resident’s 01/08/2015 Braden Scale revealing a result of 11 that indicates that the resident is at high risk for development of pressure ulcers. In addition, the investigator also reviewed the resident’s 01/13/2015 Quarterly MDS (Minimum Data Set) that revealed that the resident had difficulty in making daily decisions due to being severely impaired.” The document also revealed that the resident is “always incontinent of bowel and bladder and requires total assist of two staff and physical assist for bed mobility, transfers, toilet use, personal hygiene and bathing.” The document also shows that the resident is “at risk for pressure ulcers.”
The state investigator also reviewed the resident’s 01/14/2015 Care Plan that also indicates the resident “requires assistance with all cares, transferred with mechanical lift with two staff assist and checked for incontinence every two hours and as needed.” The document also directs the nursing staff to “monitor/document/report to my physician any skin breakdown, turn and reposition at least every two hours and as needed.”
A continuous observation of the resident was made on 03/10/2015 with 13 notations made between 5:45 AM and 10:10 AM. Each documented observation noted that the resident was lying on their right side in their bed. The state surveyor notes that “the resident remained in [their] bed on [their] left side from 5:45 AM to 10:10 AM for a total of four hours and 25 minutes without being repositioned. The staff did not reposition, toilet or check on the resident for incontinence.”
At 10:10 AM on the same morning, the state surveyor observed two Certified Nursing Assistants assisting “the resident to turn or reposition in bed. The resident’s brief, draw sheet and bottom sheet were saturated with urine.” At that point, a Certified Nursing Assistant provided the resident perineal care where the perineal area and coccyx on the resident were reddened.
Our Moberly nursing home neglect lawyers recognize the failing to provide all the necessary care and treatment to ensure a resident does not develop a new pressure sore could place their health and well-being in immediate jeopardy. The deficient practice of the nursing staff and failing to follow the resident’s Care Plan to reposition and checked for incontinence violates the facility’s December 2012 policy titled: Turning and Repositioning that reads in part:
“All residents identified at risk for skin breakdown, or with the presence of wounds, will be placed on a turning/repositioning program”
“the program includes a consistent plan for changing the resident’s position and realigning the body”
The turning/repositioning program should be organized, planned, documented, monitored and evaluated based on an assessment of the resident’s needs”
“Completion of turning/repositioning should be documented, at a minimum, on every shift by the Certified Nursing Assistant or licensed nurse.”
The Ways in Which the Nursing Home Abuse and Neglect Occurs
Because many nursing facilities are motivated by the generating profits, the owners, managers and administrators will often employ a nursing staff that is poorly trained, unqualified to provide care or hire individuals before conducting necessary background checks. Without proper vetting, nurses and other employees with histories of aggressive behavior, abuse and neglect can work for days, weeks or years at the facility, placing the health and well-being of every resident in immediate jeopardy.
The Missouri nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC have provided legal services to victims who have reported kinds of abuse and neglect. Most of our cases involve:
- Pressure Sores and Infections – Bedsores (pressure sores; pressure ulcers; decubitus ulcers) occur when elderly residents cannot turn or reposition their body periodically to relieve pressure and allow blood flow and oxygen to reach the skin and underlying tissue. Every bedsore in a nursing facility is preventable. Without proper treatment, a small unassuming pressure sore can easily develop into a life-threatening infection of the bone (osteomyelitis) or blood (sepsis).
- Malnutrition and Dehydration – When the nursing home resident is debilitated or bedridden, they lack access to food and water without assistance. Often times, the most vulnerable residents are not properly nourished or hydrated because of a lack of quality care by caregivers who failed to assist the resident in drinking and eating throughout every day.
- Slipping and Falling – Every slip and fall occurring in a nursing facility is preventable with adequate supervision and the development and enforcement of an effective Plan of Care. Most slip and fall accidents occur when staff members are not available to assist the resident in toileting or fail to answer a call light in a timely manner.
- Unnecessary Restraints – Many nursing home staff members will use unnecessary and unauthorized restraints including a physical restraint involving a belt, or chemical restraint by overmedicating the resident with sedatives.
- Physical, Mental and Sexual Abuse – Uncaring, malicious, lazy or cruel staff members will use physical or mental abuse to subdue the resident into submission or as a way for staff to avoid doing their job. Other residents become the victim of sexual abuse when assaulted by a nursing home employee or another resident at the facility.
- Lack of Proper Medical Care – Any deviation from acceptable standards of medical and nursing care is considered abuse, mistreatment or neglect. This can come in the form of denying the resident medications, medical tests or examinations or failing to properly diagnose and treat the resident when a change in their condition occurs.
Hiring an Attorney
Only a reputable personal injury attorney with years of experience in handling nursing home abuse cases should handle a claim for compensation. This is because Missouri tort law requires experience and a comprehensive understanding of the rules of procedure and filing a case for recompense.
The Columbia nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC have helped many victims of nursing home neglect pursue a claim for compensation. Our team of Missouri elder abuse lawyers has fought to protect the rights of the loved one to ensure they receive the level of recompense they deserve. We encourage you to contact our law offices today at (888) 424-5757 to schedule a free, no-obligation full case evaluation to discuss the merits of the claim. We accept all nursing home abuse cases, wrongful death lawsuits, and personal injury claims through contingency fee arrangements, so no upfront fees or retainers are required.
For additional information on Missouri laws and information on nursing homes look here.
If you are looking for information on a specific facility or an attorney, please see links below to respective locality pages.