St. Louis Missouri Nursing Home Abuse Lawyer

St. Louis Missouri Nursing Home Abuse AttorneyWhen family members entrust the care of their loved one to caregivers in a nursing facility, they are often promised that their spouse, parent or grandparent will be treated with dignity and respect, and protected from harm and injury. Even with strict nursing home regulations and the high cost of keeping a loved one in a nursing facility, hundreds of thousands of Americans who are 65 years and older suffer abuse and neglect every year. In fact, the St. Louis nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have represented many nursing home residents who are victimized by caregivers and others at the facility.

More than 1 million residents live within the boundaries of St. Louis County. Out of that number, more than 16.5 percent, or approximately 165,000 are 65 years and older. The number of seniors within the county has grown significantly over the last five years and is likely to continue to rise as many more enter their retirement years. In all likelihood, this will put an even greater burden on nursing facilities who are already overworked, overcrowded and lack sufficient staffing to meet the needs of their residents now.

Many of today’s nursing facilities are operated by huge corporations that tend to focus more on profits than providing quality resident care. Family members hoping that their loved one receives the very best care are often horrified to learn that substandard care, mistreatment, neglect or outright abuse has caused the one they love significant harm, injury or death.

St. Louis Nursing Home Resident Health Concerns

Our St. Louis nursing home attorneys have handled many cases involving Missouri nursing home residents who have been injured, exploited, mistreated or neglected by a staff member or employee they depend upon to provide their protection and care. To assist families, our law firm continuously assesses, evaluates and reviews filed complaints, safety violations, health hazards and opened investigations against nursing facilities all throughout the day. We gather this information from publicly available sources including Medicare.gov and have posted our results below.

Comparing St. Louis Area Nursing Facilities

The list below was compiled by our legal team detailing St. Louis area nursing facilities that currently maintain below average ratings compared other nursing homes throughout the United States. In addition, we have added our primary concerns by outlining specific cases that have cause significant harm, damage or death to the facility’s residents.

Contact Nursing Home Law News

GRAND MANOR NURSING and REHABILITATION CENTER
3645 Cook Ave
Saint Louis, Missouri 63113
(314) 531-2352

A “For-Profit” 120-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Develop, Implement and Enforce Policies That Prevent Abuse, Neglect or Mistreatment of Residents

In a summary statement of deficiencies dated 01/22/2016, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “direct staff to notify the Department of Health and Senior Services (DHSS) within 24 hours of alleged or actual abuse and/or neglect.” In addition, the state investigator noted the facility’s failure “to direct staff on all the appropriate steps to take during an abuse and/or neglect investigation.” The deficient practice by the nursing staff at Grand Manor Nursing and Rehabilitation Center “has the potential to affect all [104] residents at the facility.”

The deficient practice was noted by state surveyor after a review of an 11/08/2015 Licensed Practical Nurse (LPN) written statement that indicated that they were “call the facility at approximately 4:00 PM through 4:15 PM” and asked to talk with one of the facility’s Registered Nurses (RNs). Even though the phone was set down, it was not placed on hold, and the Licensed Practical Nurse could hear the resident crying and heard “someone say, ‘shut up, shut up! Girl, just ignore [them. They] just want attention. I’m sick and tired of [them]. Just ignore [them].”

The Licensed Practical Nurse indicated that the resident “continue to cry.” As an LPN spoke with the Registered Nurse, they “asked who told the resident to shut up.” The Registered Nurse replied, “Girl, it was me that said that. I’m so frustrated.” The Licensed Practical Nurse told the Registered Nurse that what they said “was verbal abuse […and said that] the tone used by [the Registered Nurse] was very harsh and it shook me up bad. I could not get to work fast enough.”

The Licensed Practical Nurse revealed that after getting off work the next day at 7:45 AM on 11/08/2015 they “could not sleep because of what [they] heard said over the phone by an RN supervisor and how [the Registered Nurse] spoke to the resident.” The Licensed Practical Nurse made up their mind “to report the incident because [they] needed to be the resident’s advocate.” Notations were made that “the resident is able to communicate but it can be difficult to understand at times.”

The facility conducted an investigation on 11/16/2015 and concluded that the Registered Nurse did tell the resident to “shut up” and that the Registered Nurse admitted that they “were frustrated, tired and ready to go home.” Documentation also shows of the Registered Nurse “was informed that [they] cannot tell a resident to shut up and that it is verbal abuse and it is not example [they] should set for being a supervisor.” At the conclusion of the facility investigation, the Registered Nurse was terminated.

The state surveyor noted that “staff is expected to report incidences of abuse and neglect to the Nursing Supervisor, Director of Nursing, Assistant Director of Nursing and/or Administrator. However, the incident was not reported until “the following Tuesday” indicating that the incident was not reported, “immediately because it was the weekend.”

The state investigator conducted an 8:55 AM 01/19/2016 interview with the facility’s Director of Nursing who said that “the incident occurred over the weekend. Management was not notified until 11/11/2015 because the person who heard it was struggling with what to do. If she [the Director of Nursing] would have been made aware of the incident the same day, she would’ve notified DHSS the same day.”

The Director of Nursing also indicated that the Registered Nurse “was only allowed to work after the incident because she was not aware of the accusation. There are other Certified Nursing Assistants who saw/heard the incident too and they should have notified the Charge Nurse. Since the accused person was the Charge Nurse, then they should have notified [the Director of Nursing].” The Director also indicated that between the Assistant Director of Nursing, the Administrator and themselves, “someone is available 24 hours a day, seven days a week.”

Our St. Louis nursing home abuse attorneys recognize it failing to follow procedures and protocols to prevent abuse, neglect or mistreatment of residents places all residents in Immediate Jeopardy. The deficient practice by the nursing staff and administration at Grand Manor Nursing and Rehabilitation Center may be considered further abuse, mistreatment or negligence because the facility’s 01/01/2000 policy titled: Abuse and Neglect Policies and Procedures failed to provide guidance on how to identify staff member responsibility for initial reporting and investigating alleged violations of abuse and neglect. In addition, the policy failed to provide guidance on how to report alleged violations to the State Survey Agency immediately, which means “as soon as possible, but not to exceed 24 hours after the discovery of the incident.”

NATHAN HEALTH CARE CENTER
5050 Summit Avenue
East Saint Louis, Illinois 62205
(618) 874-3597

A “For-Profit” 146-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Ensure That Every Resident Is Free from Physical Restraints Unless the Restraints Are Required for Medical Treatment and Approved by Physician

In a summary statement of deficiencies dated 07/01/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “assess and document the risks versus benefits” when providing treatment and care to the resident.

The deficient practice was noted by state investigator after reviewing a resident’s Physician Order Sheet and 06/20/2015 Care Plan that revealed that the resident “is at risk for injury, requires a lap belt restraint for safety. The restraint is to be removed at bedtime and at least every two hours.” In addition, the investigator noted that the resident’s Care Plan documented the resident “had falls on 01/26/2015 and 02/03/2015.” The resident’s 02/20/2015 Site Reassessment documents that under additional considerations the resident “has a waist restraint.” However, the investigator notes that “the assessment does not document risk versus benefits” to determine the best method to provide adequate care for the resident.

An observation was made of the resident 11:00 AM on June 20 15,015 when the resident “was sitting in her room in her wheelchair with a waist restraint tied to the back of the wheelchair.” At that time, the resident “was sliding downward in the wheelchair, pulling the waist restraint taut over the abdomen […and] had a bilateral foot drop with both feet turned inward. At that time, [the resident] stated, ‘it’s hooked on so good, I can’t get it off. It’s tight. I have begged to get out of this.’ [The resident] reported there was no way she could turn around and untie the restraint belt from the back of the wheelchair.”

30 minutes later at 11:30 AM, a Certified Occupational Therapy Assistant from the facility stated, “We take her restraint off quarterly and observe [her]. She is not re-directable at all.”

At 10:30 AM on 06/25/2015, and interview by the state investigator was conducted with the Director of Nursing who “was asked if the facility had any assessments to include the risk versus the benefits of the use of any safety device.” In response, the Director of Nursing “reported that their assessments fail to address this issue.”

Our East St. Louis nursing home neglect attorneys recognize that failing to ensure that every resident is free from unnecessary physical restraints could place their health and well-being in immediate jeopardy and diminish their quality of daily living. The deficient practice by the nursing staff at Nathan Health Care Center could be considered mistreatment, abuse or neglect because their actions fail to follow the facility’s policy titled: Restraints-Physical that reads in part:

“Practices that are not permitted include placing a resident in a chair that prevents the resident from rising. Their restraint use is temporary, and the resident will not be restrained for an indefinite amount of time. The resident placed in a restraint will be observed at least every 30 minutes by nursing personnel and an account of the resident’s condition shall be recorded in the resident’s medical record.”

“The resident’s Care Plan must indicate that the continued use of the restraint has been re-evaluated and that a re-order from the physician is noted.”

ROYAL OAK NURSING AND REHABILITATION CENTER
4960 Laclede Avenue
Saint Louis, Missouri 63108
(314) 361-6240

A “For-Profit” 168-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Ensure That Every Resident Receives Proper Care and Treatment to Prevent the Development of a New Bedsore or Allow an Existing Bedsore to Heal

In a summary statement of deficiencies dated 09/18/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “provide appropriate care and services to identify, assess, measure and help heal pressure ulcers.” While eight residents at the facility were identified with pressure ulcers, this problem affected one resident.

The deficient practice was noted by state surveyor after a review of a resident’s Quarterly MDS (Minimum Data Set) that revealed that the resident was “admitted to hospice care on 02/17/2015 […and was totally dependent] on staff for ADL (activities of daily living), was incontinent of bowel and bladder and at risk for pressure ulcers.” The documentation also shows that the resident required a gastronomy tube – a surgically inserted tube into the stomach to provide nutrition, fluids and medications.

The state investigator also reviewed the resident’s physician order sheets all throughout September 2015 until 10/14/2015 that revealed in 08/07/2015 physician’s orders requiring “weekly skin assessments every Thursday, no order for Duoderm to coccyx and sacrum wound.”

A review of the resident’s Hospice Interdisciplinary Team (IDT) Care Plan Patient Summary Notes revealed that the resident had a new wound on 07/29/2015. The wound was noted as a “coccyx pressure wound [measuring] 2.5 centimeters by 1.0 centimeters and a sacrum [wound measuring] 3.0 centimeters by 0.5 centimeters, using Duoderm no description or stage noted.”

Just one week later on 08/05/2015, the resident’s coccyx pressure ulcer had changed in size and now measured “2.8 centimeters by 0.8 centimeters, sacrum [wound measuring] 0.5 centimeters by 0.5 centimeters, using Duoderm [with] no description or stage noted.”

On numerous days including 08/08/2015, 08/12/2015, 08/26/2015 and 09/02/2015, notations are made that the previously reported Stage II pressure ulcers are being treated with Duoderm, but no measurements, stage or descriptions are noted.

At that point, the state investigator reviewed the resident’s Handwritten Hospice Visit Communication Notes that revealed on 08/14/2015, during a Registered Nurse visit notations were made of the resident’s Stage II coccyx pressure ulcer. However, when the Registered Nurse visits on 08/18/2015, 08/21/2015 and 08/24/2015 there are no mentions of the resident’s wounds in the documentation.

By 08/28/2015, the Registered Nurse notes that the resident’s coccyx wound has worsened and now measured 4.0 centimeters by 6.0 centimeters. However, there is still no stage or description noted in the documentation. During the next six visits between 08/29/2015 and 09/09/2015, no measurements, description or stage noted on the resident’s pressure ulcers. By 09/15/2015, the Registered Nurse records that the resident’s Stage II coccyx pressure ulcer now measures 5.0 centimeters by 3.0 centimeters by 0.1 centimeters and that Duoderm is being used. However, no description of the wound is noted other than the measurements.

When the state investigator reviews the facility’s Weekly Wound Reports between 08/18/2015 and 09/07/2015, there is no documentation or entry noting the resident as having wounds. The investigator that conducted a 1:30 PM 09/17/2015 interview with the facility’s Administrator who said that “she expected staff to obtain and document a resident’s medical record, weekly measurements of pressure ulcers. Prior to 08/08/2015, the facility did not do skin assessments on the resident. The resident’s physician should have been contacted when the wound looked worse. Duoderm was no longer an appropriate treatment for [the resident’s pressure ulcers].”

Our St. Louis nursing home neglect attorneys recognize that failing to ensure that every resident receives the proper level of care and treatment to prevent the development of a new pressure ulcer or allow an existing pressure ulcer to heal could place their health and well-being in Immediate Jeopardy. The deficient practice by the nursing staff at Royal Oak Nursing and Rehabilitation Center might be considered negligence or mistreatment because their actions failed to follow established procedures and protocols enforced by state and federal nursing home regulations.

Contact Nursing Home Law News

CARRIE ELLIGSON GIETNER HOME
5000 South Broadway
Saint Louis, Missouri 63111
(314) 752-0000

A “For-Profit” 130-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Hire Only Individuals That Have No Legal History of Abuse, Neglect or Mistreatment of Residents

In a summary statement of deficiencies dated 10/08/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “check the Employee Disqualification List (EDL, a list maintained by the state, of staff that are banned from working with the residents of skilled nursing facilities due to abuse or neglect) quarterly.” The deficient practice by the administration and staff at Carrie Elligson Gietner Home resulted in one staff person being allowed to work at the facility, providing direct resident care, who had been placed on the EDL for abuse/neglect.” The failure of the facility had the potential of affecting all 85 residents.

The deficient practice was noted by state investigator after review of a Certified Nursing Assistant’s personnel record revealing an Employee Disqualification List check on 04/06/2015 followed by a hire date noted as 04/13/2015 and a termination date of 08/21/2015 that included and “employee final written warning. Employee failed to call or show up for a shift on 08/20/2015.” The state investigator noted that there were “no quarterly EDL checks completed.”

The Employee Disqualification List revealed that the Certified Nursing Assistant was placed on the list effective 06/17/2015 “and would remain on the list for 18 months until 12/17/2016.”

The state investigator conducted an 8:42 AM 10/06/2015 interview with the facility’s Administrator who said that “she and the front office staff are responsible for checking the EDL list on employees […and] the EDL list should be checked on hire and quarterly […and] the facility routinely checks the EDL for all staff quarterly, based on the facility schedule and not staff hire date.” The Administrator also said that the Certified Nursing Assistant “was on the list of employees to be checked on 07/10/2015.

During the interview, the Administrator said that “they do not have a written policy that says to check the EDL on hire or quarterly but they know they should have.” The Administrator noted that the Office Assistant “never checked the EDL for [that Certified Nursing Assistant] in July […and that they] missed it and it should have been checked.”

In an interview with the Office Assistant at 8:52 AM 10/06/2015, it was revealed that the Assistant “is responsible for checking the EDL list quarterly […and that the Certified Nursing Assistant was on the list] to be checked on 07/10/2015 and should have been checked then.”

Our St. Louis Missouri nursing home abuse lawyers recognize that hiring individuals that have a legal history of abuse, neglect and mistreatment of residents places the health and well-being of all residents at the facility in Immediate Jeopardy. The deficient practice by the front office and Administrator at Carrie Elligson Gietner Home could be considered abuse or mistreatment because their actions fail to follow the facility’s August 2016 policy title: Abuse Prevention Program Policy that reads in part:

“Our residents have the right to be free from abuse, neglect, misappropriation of resident property, corporal punishment and involuntary seclusion.”

“Comprehensive Policies and Procedures Have Been Developed to aid our Facility Preventing Abuse, Neglect or Mistreatment.”

ALEXIAN BROTHERS LANSDOWNE VILLAGE
4624 Lansdowne Avenue
Saint Louis, Missouri 63116
(314) 351-6888

A “Not for Profit” 145-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Ensure That Every Resident Receives the Proper Care to Prevent the Development of a New Bedsore or Allow an Existing Bedsore to Heal

In a summary statement of deficiencies dated 07/21/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “identify report to open areas on a resident, resulting in the delay of treatment for one [resident].”

The deficient practice was noted by the state investigator who reviewed the resident’s medical records that showed a 10/17/2015 order that the resident “may be up in a chair. If in bed, turn every two hours.” In addition, there are other physician’s orders including the 02/17/2014 order that instructed the staff to turn the resident “every two hours around the clock.” In addition, there was an updated order revealing that staff should have the resident “up for meals and activities only, two hours maximum per event.”

The investigator also reviewed the resident’s 04/20/2015 Annual MDS (Minimum Data Set) revealing that the resident “sometimes understood, sometimes understands.” The resident’s Brief Interview for Mental Status (BIMS) score of three out of a possible 15 indicates that the resident “has severely impaired cognition”. In addition, the documentation revealed that the resident’s “required extensive assistance with bed mobility, transfers, dressing, toileting, bathing and personal hygiene; always incontinent of bowel and bladder; [and is at] risk for pressure ulcers.”

The resident’s interdisciplinary notes revealed that a notation on 06/11/2015 show the resident has no decubitus ulcers (severe pressure sores). Again on 07/08/2015, there are no decubitus ulcers noted. A review of the resident’s Shower Sheet indicated that on 06/30/2015, “old area on buttocks, ointment applied.” Again on 07/03/2015 the Shower Sheet says “no skin issues.” On 07/14/2015, notations made that there is “an area on the buttock. Ointment. (The note did not specify whether the area was older or a new open area).”

No skin assessments were available for July other than the 07/01/2015 Skin Assessment Form that revealed the resident had “dry skin to the bilateral lower extremities, soft heels, buttocks red.” The resident’s 07/16/2015 Care Plan revealed that “potential for skin breakdown related to immobility and incontinence. Interventions included reposition every two hours, pressure reducing mattress and monitor skin weekly.”

However, upon observation at 1:32 PM on 07/16/2015 by the state investigator, it was revealed the resident was “in bed receiving personal care […and] had two open areas, one in the inner aspect of each buttock.” Even with the observation by the state investigator, the resident’s interdisciplinary notes show “no documentation of any open areas noted until 07/20/2015.”

A follow-up observation of the resident was conducted at 9:25 AM on 07/20/2015 when the resident was in bed, during the observation it was noted that the resident “had two open areas, one on the inner aspect of each buttock. The open area on the left buttock measured approximately 3.0 centimeters by 2.0 centimeters. The open area on the right buttock measured approximately 1.0 centimeters by 1.0 centimeters.”

The state investigator conducted a 9:40 AM 07/20/2015 interview with the facility’s Wound Nurse who indicated that “she was made aware of the open areas earlier that morning. She called the physician and obtained an order after checking the resident’s skin. The staff did not report that there was an open area, they told her DHSS [Department of Health and Senior Services] staff wanted to do a skin assessment, so she went to check the resident and found the areas.”

The Wound Nurse also revealed that “she thought the areas might be a Stage II pressure ulcer (partial thickness loss of the inner layer of skin, presenting a shallow open ulcer with a red or pink wound bed, without dead tissue. May also present as an intact or open/ruptured blister), but did not do the staging.” The Wound Nurse stated that the “Director of Nursing stages pressure ulcers. The usual policy of the facility was that the Certified Nurse’s Aide noticed an open area, they reported to the Charge Nurse, who assesses and calls the physician to get a treatment order. They would then enter the information into the computer and that would trigger a message to go to the Wound Nurse so she could also assess the wound and begin managing it.”

That morning, the Wound Nurse measured the resident’s wounds noting that the “right buttock measured 1.2 centimeters by 0.9 centimeters by 0.1 centimeters. The left buttock wound measured 3.1 centimeters by 1.1 centimeters by 0.2 centimeters.”

The state investigator conducted a 9:40 AM 07/20/2015 interview with the facility’s Director of Nursing who said that “he felt the wounds were Stage II pressure ulcers […and] there was no dead tissue noted.” The Director of Nursing also indicated that “the white spot on one area of the wound, he felt was a scar tissue. This resident had a history with [their] skin opening and closing, and could be seen from the scar tissue around the two open areas.”

At 2:00 PM that same day, the Director of Nursing said “when a resident has an open area, whoever finds it needs to report it immediately. The Charge Nurse should assess it, report to the physician and the report the area to the Wound Nurse.”

Our St. Louis nursing home neglect law firm recognizes that failing to provide proper treatment to residents suffering from pressure ulcers could place their health and well-being in Immediate Jeopardy should the wound be allowed to degrade. The deficient practice by the nursing staff at Alexian Brothers Lansdowne Village might be considered negligence or mistreatment because their actions fail to follow established procedures and protocols enforced by federal and state nursing home regulators.

Contact Nursing Home Law News

U-CITY FOREST MANOR
1301 Partridge Avenue
Saint Louis, Missouri 63130
(314) 862-5556

A “For-Profit” 120-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Ensure That All Residents Remain Free from Drugs That Cause Physical Restraint Unless Approved and Required for Medical Treatment

In a summary statement of deficiencies dated 07/01/2015, a complaint investigation was opened against the facility for its failure to “ensure residents were free from chemical restraints. Staff administered psychoactive medications to two residents [at the facility] who did not exhibit medical symptoms that warranted the use of the medication.”

An investigation into a complaint included a review of a resident’s Quarterly MDS (Minimum Data Set) revealing that the resident has “moderately impaired cognitive skills for daily decision-making, does not exhibit any physical or verbal behavioral symptoms directed toward other; rejecting care on 1 to 3 days during the assessment., Received antipsychotic medication seven days out of the last seven days […and] received antidepressant medications seven days out of the last seven days.”

The state investigator also reviewed the resident’s 04/16/2015 Comprehensive Plan of Care that instructed the staff to “reassure and console the resident as allowed encourage the resident to vent feelings as needed.” The staff was also directed to allow the resident “choices in care as able to safely make” and not to “argue with the resident when [they] are agitated.

The Plan of Care also guides the staff to “explain to the resident when behavior is an appropriate and disruptive to others […and] observer stressors that agitate the resident and remove as able […and] encourage group and diversional activities of interest […and] administer medications as ordered […and] removed from public areas for short periods only if disruptive/abusive to others and not easily redirected.”

The state investigator noted that the resident’s Comprehensive Plan of Care did not provide instruction as to when to administer the resident’s medications as needed.

The investigator also reviewed the resident’s 04/29/2015 Nurse’s Notes that revealed that staff members “documented administer the resident’s medications due to the resident screaming because [they] wanted to see the money lady (the person in the facility who manages the resident’s funds). The staff did not document the reason the resident could not talk to the staff member requested, nor did they document non-pharmacological interventions used to call the resident before they administered the [medication to calm the resident down].”

When the state investigator reviewed the resident’s Behavior Management Record revealed there was no documentation of any information in regards to the resident’s behavior or any interventions attempted on that date of 04/29/2015.

The investigator then conducted a 9:30 AM 07/01/2015 Interview with the Facility’s Assistant Director of Nurses who revealed that she was “not aware of the 04/29/2015 incident, but that the staff should have let the resident speak to the money lady.”

Our St. Louis nursing home abuse attorneys recognize that any failure to ensure that every resident remains free of all unnecessary drugs that may cause physical restraint has a potential of diminishing their quality of life. The deficient practice by the nursing staff at U-City Forest Manor might be considered abuse or mistreatment because they failed to provide access to persons in charge of the resident’s money after it was requested by the resident and failed to document why access was denied.

BELLEFONTAINE GARDENS NURSING and rehabilitation Center
9500 Bellefontaine Road
Saint Louis, Missouri 63137
(314) 388-0796

A “For-Profit” 96-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to a Level of Care That Maintains or Enhances Every Resident’s Dignity and Respect of Individuality

In a summary statement of deficiencies dated 05/20/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “maintain resident’s dignity by reprimanding a resident and talking to a resident disrespectfully.” The deficient practice by the nursing staff at Bellefontaine Gardens Nursing and Rehabilitation Center affected one resident at the facility.

The deficient practice was noted by state surveyor after a review of a resident’s 01/12/2015 Quarterly MDS (Minimum Data Set) that documented the resident’s Brief Interview for Mental Status (BIMS) score of 15 out of 15 revealed that the resident is understood and is able to make themselves understood.

The state investigator reviewed a facility nurse’s Employee File that revealed an 11/04/2014 date of hire. In addition, the employee file revealed that the nurse had signed and dated a document listing the resident’s rights on 11/04/2014. This document revealed the resident has the right to communicate freely, participate in their care, and could refuse any treatment they do not want. In addition, the document notes that the resident has the right to exercise their rights, voice grievances and recommend changes to facility staff and is free of reprisal or discrimination.

The employee also signed a document noting that the resident has the right to be free from abuse and not subjected to emotional injury or harm.”

The state investigator documented that the employee’s Counseling Notices revealed that on 01/26/2015, the nurse “had a negative disposition and comments in the presence of residents and staff. Employees to conduct self and professional manner at all times.” An additional notation was made on February 20 15,015 that the nurse “failed to carry out general or specific instructions, [and failed] to perform job responsibilities, chart on a resident for 72 hours, applying treatment which had been discontinued and talking to a resident about other residents.”

An observation of the nurse was made at 7:59 AM on 05/15/2015 revealing that the nurse “interacted with [a resident] on the 100 Hall […and] said in an accusatory tone, ‘do you know you went with no oxygen all day yesterday?’ The resident responded in a defensive tone that [they] did not go without oxygen.” In response, the nurse raised their voice and told the resident they “did go without oxygen and [they] knew it because the resident left for dialysis [a treatment that filters toxins from the bloodstream given individuals that have poor or no kidney function] with a full tank of oxygen and returned with a full tank.”

During the verbal interaction, the nurse and the resident “continue to argue back and forth regarding who was right. The resident propelled [themselves] down the hall toward the nursing station, away from [the nurse in question] as the argument continued.” At that point, the nurse “then followed the resident down the hall and as [they] approached the resident said, ‘it is true!’.”

A few minutes later at 8:08 AM, interview and observation revealed that “the resident sat in [their] wheelchair at the nurses’ station […and] began to cry and said [the nurse] did not need to talk to [them] that way.”

The state investigator conducted an 8:23 AM 05/15/2015 interview with the facility’s Administrator who said that “this incident was not acceptable […and] staff should always treat residents with dignity and respect.” Inspector then conducted at 10:30 AM group interview that same morning involving two of five residents identified by the staff is alert and oriented [who] said they have heard staff yell at the resident and be rude to them.”

Three days later on 05/18/2015 at 1:30 PM, the state investigator conducted an interview with the facility’s Director of Nursing who “set the counseling notices [that verbally argumentative nurse] received were the only follow-up done. No further in-servicing was done in regards to the previous incidences because [that nurse] is a licensed nurse and knows what [they] did wrong.”

Our St. Louis nursing home abuse law firm recognizes that failing to provide every resident a level of care that enhances or maintains their dignity and right of individuality has the potential of diminishing their quality of daily life. The deficient practice by the nursing staff at Bellefontaine Gardens Nursing and Rehabilitation Center might be considered abuse or mistreatment because their actions fail to follow established policies, procedures and protocols enforced by federal and state nursing home regulators.

Contact Nursing Home Law News

The Estates of St. Louis
2115 Kappel Drive
Saint Louis, Missouri 63136
(314) 867-7474

A “For-Profit” 94-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Ensure That Quality Lab Services and Tests Were Performed in a Timely Manner That Meet the Needs of the Residents

In a summary statement of deficiencies dated 01/28/2016, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “ensure all laboratory tests were obtained as ordered by the physician.” The deficient practice by the nursing staff at the Estates of St. Louis affected one resident at the facility.

The deficient practice was noted by state surveyor after a review of a resident’s medical records that revealed a 12/01/2015 Physician’s Order “to obtain an ammonia level [blood test to measure the amount of ammonia in the blood – which can be harmful in high concentrations when protein is broken down by bacteria in the individual’s intestines. Additionally, ammonia levels found in the blood can rise anytime the liver is unable to convert ammonia into urea].”

The state investigator also noted there was a 12/10/2015 Physician’s Order “to recheck the ammonia level in one week” and another order on the same day “to obtain a Hemoglobin A1C [a 3-month average blood sugar level test] and ammonia level again on 12/21/2015. Another order for 12/29/2015 was noted by the physician “to obtain a urinalysis with culture and sensitivity [a test used to detect whether or not the resident has a urinary tract infection].”

The state investigator reviewed the resident’s laboratory test results that revealed that on 12/03/2015, the resident had an above ammonia level of 97, where the normal range is 19 – 87. Investigator knows that there are “no further ammonia levels obtained as late as 01/26/2016 […and] no Hemoglobin A1C […and] no urinalysis with culture and sensitivity results from 12/29/2015 through 01/26/2016.” The state investigator conducted a 10:10 AM 01/20/2016 interview with the facility’s Director of Nursing who said that “the lab was contacted and [the physician’s orders on testing] had not been done. The lab should have been done as ordered.”

Our St. Louis elder abuse lawyers recognize the failing to follow physician’s orders for testing could place the health of the resident in Immediate Jeopardy. The deficient practice of the nursing staff at the Estates of St. Louis might be considered negligence or mistreatment because their actions fail to follow established procedures and protocols enforced by federal and state nursing home regulations.

HERITAGE CARE CENTER
4401 North Hanley Road
Saint Louis, Missouri 63134
(314) 521-7471

A “For-Profit” 120-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Ensure That Lab Services and Tests Were Performed in a Timely Manner That Meet the Needs of the Residents

In a summary statement of deficiencies dated 09/04/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “ensure laboratory tests were obtained as ordered for [four residents at the facility].”

The deficient practice was noted by state surveyor after a review of a resident’s medical records that revealed a variety of physician’s orders for laboratory tests to check the cholesterol level in the blood system of a resident. The investigator noted that under the laboratory section of the resident’s medical record did not show any test results as required on 08/20/2015. In addition, the resident’s 08/15/2015 through 09/14/2015 physician order sheet revealed that the facility was to perform yearly tests to check the resident’s cholesterol level. Although there were results obtained in regards to laboratory test “in May 2014, there were no results for 2015 […and] no results for a fasting lipid panel [cholesterol test] found or provided by the facility.”

The state investigator conducted a 12:25 PM 09/02/2015 interview with the facility’s Care Coordinator who called the laboratory and said that the 08/14/2015 testing was rejected and not done and that the laboratory “did not redraw the blood test as ordered.”

The investigator also reviewed the resident’s Quarterly MDS (Minimum Data Set) and July 15 through 08/14/2015 physician’s order sheets that call for a test to be done to detect blood and feces. However, as of 09/04/2015, no results for that test were provided or documented. During a 09/03/2015 1:10 PM interview with the Director of Nursing, it was revealed that the Director “expected nursing staff to follow all physician’s orders.”

Our St. Louis nursing home neglect law firm recognizes that failing to perform lab services and testing according to physician’s orders in a timely manner could place the health and well-being of the resident in danger. The deficient practice by the nursing staff at Heritage Care Center could be considered mistreatment or negligence because their actions fail to follow protocols and guidelines established by federal and state nursing home regulatory agencies.

Contact Nursing Home Law News

CHRISTIAN CARE HOME
800 Chambers Road
Ferguson, Missouri 63135
(314) 522-8100

A “Not for Profit” 150-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Ensure That Every Resident Receives Services and Treatments That Not Only Continue but Improve Their Ability to Care for Themselves

In a summary statement of deficiencies dated 06/05/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “perform restorative therapy (RT) as ordered by the physician for six [residents out of 137 residents at the facility].”

The deficient practice was noted by state surveyor after review of a resident’s Quarterly MDS (Minimum Data Set) that revealed that the resident “has severely impaired cognition and requires total assistance, from staff for bed mobility, transfers, dressing, eating, hygiene and bathing.” In addition, the documentation revealed that the resident has “impaired range of motion affected one side of the body on the upper and lower extremities […and is] incontinent of bowel […and has an] indwelling urinary catheter” that is it to that is inserted into the resident’s bladder to drain urine.”

The surveyor also notes that the resident’s Quarterly MDS (Minimum Data Set) reveals that the resident is at “risk for development of pressure ulcers [and has] a Stage III pressure ulcer.” A Stage III pressure ulcers considered full thickness tissue loss where the subcutaneous fat is likely visible however muscle, bone and tendons are not yet exposed. These severe nearly life-threatening pressure ulcers may also involve dead tissue (slough), tunneling and undermining.

The state investigator also reviewed the resident’s physician order sheets throughout June 2015 that revealed a physician’s orders for “restorative therapy for bilateral upper extremity passive range of motion exercises and bilateral upper extremity elbow and hand splinting… five times a week.” The hand splinting device is to be worn in an effort to promote and increasing the range of motion and as a way to prevent contractures of the hand.

The investigator notes that the resident’s Restorative Notes show that the restorative therapy was performed on 12 different occasions throughout the month of May and again on 06/01/2015 and 06/04/2015. However, at 10:25 AM on 06/03/2015, and observation of the resident was made noted that they were lying “in bed without bilateral hand and elbow splints.” The following day at 7:00 AM on 06/04/2015, an interview and observation were made that showed that the resident was lying in bed during restorative therapy exercises using bilateral hand splints.

“The Restorative Aide said the resident should receive restorative therapy exercises and hand/elbow splinting five times a week, but usually received restorative therapy three times a week. The Restorative Aide said [that they are] responsible for providing the restorative therapy for the resident’s on this unit […and] said the resident’s elbow splints were missing and could not recall the exact date when they went missing.”

The investigator then conducted in a 20 5 AM 06/05/2015 interview with the facility’s Director of Nurses who said that “they have three Restorative Therapist and are looking for a fourth, but no one wants the position because they know it is a lot of work. She tries to help with the Restorative Therapists when scheduled off or are sick.”

Our Ferguson nursing home neglect attorneys recognize that failing to provide necessary services and treatment to residents in an effort to continue and enhance her ability to care for themselves could place their well-being in jeopardy. The deficient practice by the nursing staff at Christian Care Home might be considered negligence or mistreatment because their actions could likely diminish the resident’s ability to restore their health and range of motion.

Abuse and Neglect Attorneys in Missouri

Nursing facilities are legally bound to treat the disabled, elderly or infirmed with all the care, dignity and respect they deserve. However, often times the staff neglect their duties and allow residents to walk without assistance that could cause a fall, consume the wrong foods that could cause choking or failed to reposition the body of a mobility-challenged resident that could lead to a facility-acquired pressure sore.

In many cases, the nursing staff simply neglects the resident by leaving them unattended for hours at a time. Other times, the medication treatment nurse fails to give the resident their drugs on time, or at all. Many cases of abuse and neglect involve incidences where the resident was deprived of basic necessities including water, food, shelter, clothing, medicine, personal hygiene, personal safety, comfort and other needed services.

Unfortunately, the cases involving abuse have become a widespread epidemic in many nursing facilities. The National Center on Elder abuse says the most common forms of injury, abuse and neglect involve:

  • Physical punishment or assault
  • Sexual abuse
  • Improper medication used as a restraint
  • Unauthorized physical restraints including belts and straps
  • Poor hygiene
  • Unsanitary conditions
  • Bodily injury, impairment or pain
  • Inadequate or inappropriate medical care
  • Isolation, humiliation, intimidation, harassment or another form of emotional trauma
  • Dehydration or malnutrition
  • Resident to resident abuse
  • Falls caused by neglect, mistreatment or a lack of supervision
  • Psychological or emotional abuse
  • Force-feeding
  • Medical errors
  • Bedsores acquired at the facility after admission
  • Safety and health hazards

By law, nursing facilities are legally bound to provide every resident their dietary requirements, personal hygiene and medical needs in addition to maintaining their safety to ensure their protected from health hazards posed by staff members or environmental conditions. Sadly, many nursing facilities don’t do an adequate job of providing the highest level of care. As a result, the victim often suffers life-changing injuries, emotional trauma and, in some cases, death.

Claiming Financial Compensation

You and your family members likely have questions about every legal option to protect your loved one neglected, abused or harmed in a nursing facility. The St. Louis nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC have your answers. Our team of dedicated Missouri elder abuse lawyers will fight aggressively for the right of your loved one against the nursing facility and any other responsible party at fault for causing harm.

We encourage you to contact our law offices today at (888) 424-5757 to schedule a no obligation, free full case review. All information you share with our law offices remains confidential. Like all personal injury and wrongful death lawsuits, we handle every nursing home abuse and mistreatment case through contingency fee arrangements. This means you receive immediate legal representation, counsel and advice without any payment of an upfront fee. We are only paid for our legal services once we negotiate an acceptable out of court settlement or win your case in front of the judge and jury.

Contact Nursing Home Law News

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.

Client Reviews

He did a tremendous job on our case and I can see why he's earned the praise he has from clients and peers.
★★★★★