Knoxville Tennessee Nursing Home Abuse Lawyer

Knoxville Elder Abuse LawyerIt can be heart-wrenching to hear that a loved one residing in a nursing facility has been abused or neglected. While many signs and symptoms of mistreatment can be very obvious to detect, quite often they are not. A loved one can be suffering for days, weeks or months through neglect or mistreatment and unwilling or unable to speak out. The Knoxville nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have handled many cases of nursing home mistreatment where the resident was too fearful of retaliation and chose to remain quiet.

There are not many situations in life that require us to place our faith in others like when families and trust medical professionals to provide care for a loved one in a nursing facility. The family entrusts that the staff will always do the right thing and take the appropriate action every day. When that trust has been broken, it is imperative to take immediate action through aggressive legal response.

Out of the 185,000 residents living in Knoxville, approximately 20,000 are senior citizens, many of whom live in nursing facilities throughout the community. The number of elderly nearly doubles when counting the retirees living all throughout Knox County. The limited number of nursing facilities in the area are often filled to capacity, which has the potential of leading to serious problems of abuse and neglect. In many incidences, and overcrowded are understaffed situation can place a heavy burden on the nursing team in an attempt to ensure that all the health and hygiene needs of every resident are continuously met.

Knoxville Nursing Home Resident Health Concerns

Negligent and abusive conditions occurring inside a nursing facility often produce incredibly cruel consequences for the resident. Often times, families are shocked to learn that their elderly loved one has been taken advantage of, neglected or abused and that the situation has lasted for an extensive period of time.

To provide assistance, our Tennessee elder abuse team of attorneys continuously assess, review and evaluate opened investigations, filed complaints, safety concerns and health violations of nursing facilities all throughout the Knoxville area. This publicly available information is gathered from numerous sources including Medicare.gov. Many families use the information we post as an effective solution for determining where to place a loved one who requires the highest level of health and hygiene care. Others find the data useful in understanding the level of care their loved one is likely already receiving as a resident in a nursing facility.

Comparing Knoxville Area Nursing Facilities

The list below contains information on Knoxville area nursing facilities that currently maintain below standard ratings compared to other homes nationwide. In addition, our Tennessee nursing home abuse lawyers have posted our primary concerns by detailing specific cases involving abuse, neglect, mistreatment, the spread of infection, medication errors, facility acquired bedsores and other serious problems.

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Information on Tennessee Nursing Home Abuse & Negligence Lawsuits

Our attorneys have compiled data from settlements and jury verdicts across Tennessee to give you an idea as to how cases are valued. Learn more about the cases below:

SERENE MANOR MEDICAL CENTER
970 Wray St
Knoxville, Tennessee 37917
(865) 523-9171

A “Not for Profit” 79-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide Residents an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent Avoidable Accident from Occurring

In a summary statement of deficiencies dated 07/29/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “ensure the side rails were properly installed and in a safe, functional working order.”

The deficient practice was noted by a state investigator who reviewed a resident’s Significant Change of Status MDS (Minimum Data Set) revealing that “the resident had moderate cognitive impairment, required extensive assist of one person for bed mobility and extensive assist of two persons for transfers.” Additional review of the resident’s MDS (Minimum Data Set) Functional Limitation in Range of Motion section revealed that “the resident had no impairment of the upper extremities.”

At 3:18 PM on 07/27/2015, the state investigator made an observation of “the resident’s room [that] revealed upper side rails were raised bilaterally at the head of the bed.” As a part of the observation, it was revealed that “the top of the side rail on the right side of the bed was angled away from the bed […and] the bottom of the side rail where the rail attached to the bed frame was approximately eight inches to 10 inches from the bed frame leaving a gap between the rails and the mattress.”

State investigator conducted an interview at that time with the resident who “confirmed the resident use the upper rails to reposition himself in bed […and] confirmed the rails give flex when [the resident attempts to pull himself up].”

An interview was conducted at 9:07 AM on 07/29/2015 with the facility’s Housekeeping Supervisor who confirmed that the resident’s “side rails did not fit the bed properly […and] the rails work loose with repeated use and have to be readjusted from time to time.”

Our Knoxville nursing home neglect attorneys recognized failing to provide every resident environment free of accident hazards and provide safe equipment could place the health and well-being of the resident in jeopardy. The deficient practice by the housekeeping supervisor and staff at Serene Manner Medical Care might be considered negligence or mistreatment because their actions could cause the resident serious harm.

NHC HEALTHCARE – KNOXVILLE
809 East Emerald Ave
Knoxville, Tennessee 37917
(865) 524-7366

A “For-Profit” 129-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Provide Every Resident and Environment Free of Accident Hazards and Risks and Provide Adequate Supervision to Prevent an Avoidable Fall

In a summary statement of deficiencies dated 10/21/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “use a mechanical lift provide safe transfers.” The deficient practice resulted in actual hard for a resident at the facility.

The deficient practice was noted by a state investigator who reviewed a resident’s Quarterly MDS (Minimum Data Set) and Annual MDS (Minimum Data Set) that revealed the resident “had severe cognitive impairment, did not speak or walk and required extensive assistance with all ADL (activities of daily living).”

A review of the resident’s 11/20/2014 Care Plan revealed that the resident is at risk for falls due to “muscle weakness, adult failure to thrive, Alzheimer’s dementia, cerebral vascular accident/stroke with right-sided weakness.” In addition, the Care Plan notes that a mechanical lift with two person assist for transfers must be utilized.

The state investigator also reviewed the 02/27/2015 Initial 24-hour Report that revealed the resident was “found to have a fracture of the right humerus (upper arm bone) on 02/27/2015.” This was after a certified nursing assistant work at the facility “found [the resident’s] arm in a different position.” At 10:15 AM 02/27/2015 X-ray Report revealed that the resident had “an acute angle or humeral shaft fracture” with “no significant degenerative changes” seen.

The state investigator conducted a 2:15 PM 10/19/2015 interview with the facility’s Director of Nursing and two CNA’s (certified nursing assistants) from the Shower Team “who discovered the injury on 02/27/2015. The CNAs stated, “We lifted the resident out of bed and we got the resident into the shower room and took her gown off, her right arm was very bruised and hanging limp. Usually kept her arms folded and held close to her. We call the nurse and the resident back to her room and bed.”

A third Certified Nursing Assistant who was assigned to the resident on that date of the incident revealed that they “put the resident to bed at the end of the shift.” At that time, the resident was in a Geri chair. The Certified Nursing Assistant took the resident shirt off, “what a gown on her and got a male nurse to help me lift or back to bed. We just lifted her the way we always did. She was a small woman. We never use the mechanical lift to lift her, didn’t know we were supposed to.”

The state investigator conducted a telephone interview with the Licensed Practical Nurse who provided the resident care who stated, “I just hope the CNA lift the resident back to bed. There was no lift pad under the resident. We just put our arms under hers, supported her back and slid her into bed. She was a candidate for a mechanical lift, but I didn’t ask, I just helped.”

At 3:10 PM on 10/21/2015, the state investigator conducted an interview with the facility’s Director of nursing who “confirmed the facility failed to use a mechanical lift provide safe transfers, resulting in harm to [the resident].”

Our Knoxville nursing home neglect lawyers recognized failing to follow a resident’s plan of care could place the health and well-being of the resident in immediate jeopardy. The deficient practice by the nursing staff that NHC Healthcare – Knoxville might be considered negligence or mistreatment because their actions directly resulted in the resident suffering a broken bone.

KINDRED HEALTH AND REHABILITATION – NORTHHAVEN
3300 Broadway NE
Knoxville, Tennessee 37917
(865) 689-2052

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 Provide Care Services to Every Resident to Ensure Their Dignity and Respect of Individuality Is Enhanced or Maintained

In a summary statement of deficiencies dated 09/14/2015, a complaint investigation was opened against the facility for its failure to “maintain the dignity of [a resident at the facility].”

As a part of the investigation, the state surveyor reviewed a resident’s MDS (Minimum Data Set) revealing that the resident’s Brief Interview for Mental Status (BIMS) score was 14 out of 15 indicating there was “no cognitive or memory impairments; but, required limited assistance of one with bed mobility and transfers; required extensive assistance with toileting; and was continent of bowel and bladder.”

The complaint investigation was initiated because of an incident documented in an interview with the resident who stated that they had turned their light on at approximately 4:30 AM because they “needed to go to the bathroom. I saw that same lady (the Certified Nursing Assistant) who came in before pass back and forth by my room. I yelled out to [the CNA] to come and help me several times and [the Certified Nursing Assistant] never did. Finally, I saw [the registered nurse on duty] in the hall giving pills and he heard me yell. [The Registered Nurse] got someone from the other side and [that Certified Nursing Assistant] came right in to help me at approximately 6:30 AM.”

The investigator conducted a 7:30 AM 09/10/2015 interview with the second Certified Nursing Assistant who came to the residents help that they had “heard the Registered Nurse tell the [’s first Certified Nursing Assistant] several times (during the night shift on 03/07/2015) to go take care of [the resident].” It was noted that that Certified Nursing Assistant “did not respond to the residents need for assistance.”

The assisting Certified Nursing Assistant reported during the interview that the Registered Nurse asked them “to assess the resident with the bedpan.” That Certified Nursing Assistant reported that “she completed care for four of her assigned residence before assisting [that resident]

The state investigator conducted a 9:25 AM 09/10/2015 interview with the facility’s Director of Nursing who confirmed that the resident “was alert and oriented for [that the] staff failed to provide toileting on 03/07/2015 for two hours after the resident put on the call light […and] confirmed a delay in assisting with toileting and revealed that when [they] entered the room to assist the resident (two hours after the resident turned on the call light), the resident stated, ‘Thank God. I’ve been waiting. I’m about to pee all over myself’.”

Our Knoxville elder abuse attorneys recognized failing to follow procedures and protocols and provide adequate staffing will ensure that the needs of all residents are met could place her health and well-being in jeopardy. The deficient practice by the nursing staff that Kindred Health and Rehabilitation – Northhaven might be considered negligence or mistreatment because their actions fail to follow established procedures and protocols enforced by nursing home regulators.

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WESTMORELAND HEALTH AND REHABILITATION CENTER
5837 Lyons View Pike
Knoxville, Tennessee 37919
(865) 584-3902

A “For-Profit” 222-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Have a Licensed Pharmacy Review at Least Once a Month Resident’s Medication and Report Any Irregularities to the Attending Physician

In a summary statement of deficiencies dated 08/30/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “notify the physician timely of pharmacy consult reports for [four residents at the facility].”

The deficient practice was noted by state investigator after reviewing the facility’s 05/14/2015 Pharmacy Consultant Report that revealed: “Please consider the following: hyoscyamine (gastrointestinal medication) 0.125 milligrams twice a day to help elevate need/lowest dosage.”

The investigator then conducted a 9:00 AM 08/30/2015 interview with the facility’s Director of nursing who confirmed that even though the Pharmacy Consultant Report provided a recommendation to lower the dosage of gastrointestinal medication for a resident “the physician was not notified of the recommendation until 06/11/2015, resulting in a 28-day delay.”

In another Pharmacy Consult Report dated 03/24/2015, the pharmacist recommended that a “medication for renal disease should be given one hour before or three hours after other medications and should be given with food” to the resident.

During the initial interview with the facility’s Director of Nursing, it was also confirmed that “the physician was not notified of the recommendation until 04/13/2015, resulting in a 20-day delay.”

Our Knoxville elder abuse lawyers recognized failing to follow the recommendations generated from a pharmacy review could cause immediate jeopardy to the health and well-being of the resident. The deficient practice of delaying a notification to the resident’s doctor of the pharmacist recommendation might be considered negligence or mistreatment of the resident.

BLOUNT MEMORIAL TRANS CARE CENTER
2320 East Lamar Alexander Pkwy
Maryville, Tennessee 37804
(865) 273-8311

A “Not for Profit” 76-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Take Necessary Precautions to Avoid Medical Errors and Follow Physician’s Orders regarding the Administration of Insulin

In a summary statement of deficiencies dated 12/02/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “follow physician’s orders for [four residents at the facility].”

The deficient practice was noted by state investigator after a review of a resident’s 08/03/2015 physician’s orders that revealed there were changes in parameters in the resident’s insulin medication that noted: “Hold if blood glucose is less than 150.” The state investigator reviewed the resident’s 08/05/2015 Insulin Administration Record that also documented “hold of blood glucose is less than 150.”

However, the 08/11/2015 Fall Investigation Report noted that the “hold if less than 150″ physician’s orders had not been “rewritten when the new order was received.”

The state investigator then conducted an 8:00 AM 12/02/2015 interview with the facility’s Director of Nursing who confirmed that “the facility failed to follow physician’s orders for [the resident’s] insulin.

Later that day at 10:45 AM, the state investigator conducted an interview with the facility’s licensed practical nurse who provides a resident medication. Licensed Practical Nurse “confirmed the original order was only to give if blood glucose was greater than 200. Then below on the same insulin form it has Hold if blood glucose is less than 150.” However, the Licensed Practical Nurse “was not sure which one to go by, did not check the physician’s orders.”

Our Maryville nursing home neglect attorneys recognized failing to take all necessary precautions to avoid a medical error when administering insulin could place the health and well-being of the resident in grave danger. The deficient practices of the nursing staff at Blount Memorial Trans Care Center might be considered negligence or mistreatment, especially if the resident suffer serious harm, injury or death as a result.

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KINDRED NURSING AND REHABILITATION – FAIRPARK
307 N Fifth St
Maryville, Tennessee 37801
(865) 983-0261

A “For-Profit” 75-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 and Protocols to Control or Maintain Infections to Prevent a Spread throughout the Facility

In a summary statement of deficiencies dated 08/20/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “follow infection control procedures for contact isolation [involving two residents at the facility] on contact isolation.”

The deficient practice was noted by state surveyor after a review of a resident’s 07/26/2015 physician’s orders that revealed that the resident’s transmission based precautions were necessary due to purulent eye drainage and the resident’s history of (MRSA) Methicillin-resistant Staphylococcus aureus of the eyes.

On 08/17/2015 at 8:50 AM, then observation was made of a resident’s room that revealed: “a Contact Person sign was posted outside the entrance to the resident’s room.” The sign read: “wear gloves when entering room or cubicle, and when touching patient’s intact skin, services or articles in close proximity. Wear down when entering room or cubicle or whenever anticipating that clothing will touch patient’s items or potentially contaminated environmental surfaces.”

As a part of the investigation, certified nursing aide was noted to have “enter the resident’s room and was assisting the resident with her meal tray.” However, the Certified Nursing Assistant “was not wearing a gown.”

At 8:50 AM that same morning, the state investigator interviewed that Certified Nursing Assistant who stated: “she was told by [the Licensed Practical Nurse] the gown was not needed if she was only feeding the resident.”

State investigator then conducted an interview with the facility’s infection control nurse at 9:20 AM the same morning who confirmed that the Certified Nursing Assistant “should have worn a gown when entering the resident’s room, and that the facility failed to follow their policy for contact precautions.”

Our Maryville nursing home neglect lawyers recognize the failing to follow protocols to minimize the potential spread of infection throughout the facility could place the health and well-being of all residents in grave danger. The deficient practice by the nursing staff at Kindred Nursing and Rehabilitation – Fairpark might be considered negligence or mistreatment because their actions failed to follow the facility’s 08/31/2013 policy titled: Transmission-based Precautions that reads in part:

“Transmission-based precautions are for patients with documented or suspected infection or colonization with highly transmissible or epidemiologically important pathogens for which additional precautions are needed to prevent transmission. Contact precautions are used for patients with known or suspected infections or evidence of syndromes that represent an increased risk of contact transmission including the presence of excessive drainage, fecal incontinence, or other discharges from the body suggesting an increased potential for extensive environmental contamination and risk for transmission.”

KINDRED NURSING AND REHABILITATION – MARYVILLE
1012 Jamestown Way
Maryville, Tennessee 37803
(865) 984-7400

A “For-Profit” 187-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 Programs That Control or Maintain Infections from Spreading throughout the Facility

In a summary statement of deficiencies dated 10/29/2015, a complaint investigation against the facility was opened for its failure to “maintain contact isolation precautions for [a resident at the facility] reviewed for infection control.”

An investigation into the complaint involved a 10/27/2015 2:10 PM observation of a resident “from outside the resident’s room [that] reveal the sign affixed to the door which informed all visitors to report to the nursing station prior to entering the room.” Further observation around the resident’s room revealed “an isolation cart in the hallway outside the room that contained isolation gowns, masks, gloves and shoe covers.”

Even so, observation revealed the Certified Nursing Assistant providing the resident care “and of the resident’s room with a reusable electronic blood pressure monitor and thermometer without washing the hands or donning protective equipment prior to entering the room.” Further observation revealed that Certified Nursing Assistant “checked the resident’s vital signs, make contact with the resident’s hands, clothing and bedding, reposition the resident and exited the room without disinfecting the blood pressure monitor or washing their hands.”

A few minutes later, at 2:20 PM, the state investigator conducted a interview with the Certified Nursing Assistant “outside the resident’s door” where it was revealed that the CNA “was aware that the resident was admitted on contact isolation precautions but the [Certified Nursing Assistant] was not aware of why the resident was on contact isolation and was not aware that the resident was infected with Clostridium difficile [C. diff].”

State investigator then conducted at 2:48 PM 10/27/2015 interview with the facility’s Administrator and Director of Nursing who “confirmed the resident was on contact isolation for Clostridium difficile infection, the staff were to wash hands and Don protective equipment prior to entering the room, to disinfect all reusable equipment, and to wash hands with soap and water prior to exiting the room.” In addition, both parties at the interview “confirmed the facility failed to maintain contact isolation precautions for [that resident that could have been detrimental to other residents at the facility].”

Our Maryville elder abuse attorneys recognize the failing to follow protocols by developing, implementing and enforcing policies that maintain or control infections from spreading throughout the facility could place the health and well-being of all residents in immediate jeopardy. The deficient practice is the nursing staff at Kindred Nursing and Rehabilitation – Maryville might be considered negligence or mistreatment because their actions failed to follow the facility’s 06/01/2015 policy titled: Clostridium Difficile Infection (CDI) that reads in part:

“Provide protective equipment and put on a gown and glove before entering a resident’s room with caring for the patient. Clothing will have direct contact with potentially contaminated surfaces or the patient, don gloves and wash hands using soap and water clothing. Usually soap and water after removal of protective clothing.”

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FORT SANDERS SEVIER NURSING HOME
731 Middle Creek Rd
Sevierville, Tennessee 37862
(865) 429-6694

A “not for profit” 54-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Provide All Necessary Services and Care to Ensure That the Resident Maintains the Highest Well-Being

In a summary statement of deficiencies dated 08/26/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “ensure the resident received optimal services for ensuring the resident’s comfort.”

The deficient practice was noted by state investigator after reviewing a resident’s Significant Change of Status MDS (Minimum Data Set) the revealed that the “resident had long and short-term memory Deficits, and had severe cognitive impairment.” Further review of the documentation revealed that “the resident was dependent for bed mobility, dressing, and bathing, and require the assistance of two persons for these activities.”

The investigator also reviewed the resident process Physician’s Order that revealed: Comfort Care, do not send to the emergency room. No lab draws.” However, there were 06/22/2015 F Results that revealed: “a blood specimen had been drawn from [the resident on this date] for a CBC [complete blood count – for the number of red blood cells and white blood cells].”

The investigator reviewed the resident’s 06/04/2015 Care Plan the revealed that the resident “is on Comfort Care in is at risk for a loss of dignity during the dying process […and] the resident will be supported to promote comfort and dignity throughout the dying process […] no lab draws.”

The resident’s 07/29/2015 Nurse Practitioner’s Progress Note revealed a lab follow-up that indicated “the patient is currently on comfort care. Her labs were drawn this month. I spoke with the nurse. We will change that to where patient is no longer receiving lab draws. I am here to evaluate these. Assess and plan. Comfort Care. I will also be sure that we draw no more labs on this patient.”

The state investigator interviewed the resident’s physician at 9:10 AM on 08/26/2015 who confirmed: “the lab draws had been discontinued to promote the resident’s comfort.” However, an interview a few minutes later 9:15 AM with the facility’s Director of Nursing it was confirmed that “the facility had failed to ensure [the resident of his] comfort was maintained by discontinuing the routine lab draws from the resident’s individual monthly schedule last which resulted in the resident having lab draws twice after the discontinue order.”

Our Sevierville nursing home neglect attorneys recognize the failing to provide every necessary service and follow physician’s orders when providing a resident comfort/out of care could strip away the resident’s dignity during the dying process. The deficient practice of the nursing staff at Fort Sanders Sevier Nursing Home might be considered mistreatment or negligence because their actions failed to follow the facility’s March 2014 policy titled: Paladin/Comfort Care that reads in part:

“Treatment and interventions focus on palliative and supportive measures that improve or maintain the quality of life to the greatest possible extent.”

NEWPORT HEALTH AND REHABILITATION CENTER
135 Generation Drive
Newport, Tennessee 37821
(423) 623-0929

A “For-Profit” 150-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Maintain Communication of Care between the Facility and Hospice That Resulted in the Resident Not Being Bathed

In a summary statement of deficiencies dated 06/24/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “maintain accurate hospice records for [a resident at the facility].”

The deficient practice was noted by state surveyor after reviewing a resident process Medical Record of a Hospice Agency Record that revealed the resident was a hospice patient receiving Hospice services. In addition, the medical record review reviewed that the resident had “no Hospice care plan, no Hospice communications, no Hospice contract or physician’s orders for Hospice in the chart.” The investigator then reviewed the facts sent by the Hospice Provider that revealed: “the resident’s Hospice certification period was from 06/10/2015 through 09/07/2015.”

The investigator conducted a 10:50 AM 06/24/2015 interview with the Certified Nursing Assistant providing the resident care who revealed that they “did not know the resident was in hospice care, stated the agency would come in, she did not know often, get vital signs and give baths.” The investigator asked the Certified Nursing Assistant “how care was coordinated […and] how the CNAs [certified nursing assistants] knew when the hospice nurse gave baths and when it was their responsibility to give the resident baths?” The Certified Nursing Assistant responded, “the basket was documented in the CNA assessment sheet.”

The state investigator reviewed the facility’s CNA Assessment Sheet beginning on 06/12/2015 until the present day of the survey. The documentation “revealed no baths had been given to the resident by the hospice nurse.”

Our Newport nursing home neglect attorneys recognize the failing to follow procedures and protocols when communicating the level of care given by the facility and Hospice could place the health and well-being of the resident in immediate jeopardy. The deficient practice of not bathing the resident for nearly 3 months might be considered negligence or mistreatment of the resident because their actions failed to follow the facility’s December 2005 policy titled: Hospice Care that reads in part:

“When a facility elects to provide hospice care, the facility staff communicates with the hospice agency to establish and agree upon a coordinated Plan of Care that is based on an assessment of the resident’s needs and living situation in the facility.”

“The facility nursing staff knows the name of and how to contact the hospice Registered Nurse. The facility and hospice agency are responsible for performing each of the respective functions that have been agreed upon and included in the Plan of Care.”

RENAISSANCE TERRACE
257 Patton Lane
Harriman, Tennessee 37748
(865) 354-3941

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 Ensure That All Services Provided by the Nursing Facility Meets Professional Standards of Quality

In a summary statement of deficiencies dated 09/10/2015, a complaint investigation against the facility was opened for its failure to “follow facility policies for professional conduct [involving a Registered Nurse [employed by the facility.” The complaint investigation involved a Registered Nurse at the facility who was “arrested for DUI while on duty.”

As a part of the investigation, the state surveyor reviewed the facility’s 07/03/2015 Daily Nurse Staffing Form that revealed a Registered Nurse was assigned on the 7:00 AM to 7:00 PM shift and was listed as the nursing supervisor.

On that day, the facility’s Daily Time Detail by Department documentation revealed that the Registered Nurse “clocked in at 1:27 PM and clocked out at 5:44 PM.” However, the Detail Punch with no date revealed that the Registered Nurse “had clocked in by a thumb punch on that day at 7:30 AM.”

Further review of the Daily Time Detail Form indicated that a second Registered Nurse “worked 5.5 hours with no times listed.”

A review of the facility’s 07/06/2015 documentation revealed that the first Registered Nurse “was picked up by the Highway Patrol, failed a field sobriety test due to prescription drugs, and was released the same day.” The second Registered Nurse working that day witnessed the Registered Nurse “talking with two state troopers.” The second Registered Nurse spoke “to one of the troopers” and was told “she [the Registered Nurse Supervisor] acted like she’s under the influence. Said she had prescriptions on her.”

The facility documentation that they also noted that the second Registered Nurse bonded the allegedly drug-impaired Registered Nurse “out of jail and brought the RN back to the facility to complete her shift.” The Administrator was aware of the incident and instructed the Registered Nurse who had been picked up by the Highway Patrol “to inform the facility of the court findings.”

The state surveyor conducting an investigation into the complaint reviewed the 07/03/2015 State of Tennessee Uniform Citation that revealed the Registered Nurse “received a citation for driving under the influence […and that] the defendant was stopped for failure to yield and nearly striking two vehicles.” The officer writing the citation made a notation that upon speaking to the defendant “she had glassy watery eyes and appeared to be confused.” The officer asked the defendant “if she had taken any medication” and she stated she had taken “narcotic pain medication” and also noted that the “field sobriety tests were performed very poorly.”

The state investigator conducted a 4:30 PM 09/09/2015 interview with the facility’s Administrator who confirmed that the Registered Nurse “clocked into work as the Nursing Supervisor at the facility on 07/03/2015 at 7:30 AM.” It was revealed that a third Registered Nurse deleted the allegedly intoxicated Registered Nurse’s thumb punch and that that nurse “was arrested for DUI on 07/03/2015 while clocked into the facility.”

It was revealed during the interview that the Registered Nurse Unit Manager who was also on at the facility on that day “was aware the trooper arrested the RN for DUI [and had] bonded the RN out of jail and allow the RN to return to work [that day] after the RN was released from jail.”

The Administrator also “confirmed the facility failed to ensure the policies and procedures for Substance Abuse, Payroll Time Reporting, and the Employee Handbook were followed after the RN supervisor was arrested for a DUI involving prescription drugs while on duty.”

Our Harriman nursing home neglect attorneys recognize the failing to provide residents services at a professional level of care could place the health and well-being of all residents in jeopardy. The deficient practice of knowingly allowing a drug impaired Registered Nurse to work at the facility might be considered negligence or mistreatment failed to follow the facility’s 06/01/2014 policy titled: Substance Abuse and Alcohol Misuse Prevention and Testing that reads in part:

“[The] company is committed to achieving a safe and helpful work environment, free from drugs. The need to take prescription medication that may impair the ability to perform the essential functions of the job effectively and safely should be discussed with the employee supervisor. All narcotic prescriptions must be discussed. Drug testing will be performed under the following circumstances: Reasonable suspicion, reporting to work or working while impaired.”

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When Negligence, Mistreatment or Abuse Becomes a Legal Issue

Serving as your loved one’s advocate, you may have begun to notice many of the subtle signs, symptoms and indicators that your elder live on is being mistreated. The harm to the resident might be the result of a traumatic event of abuse or less conspicuous signs that they are simply being ignored. In many cases, the resident was administered in an incorrect medication dosage and have serious side effects. Other cases involve a parent who was neglected for an entire day or night and left to lie on the floor after falling.

Abuse, neglect and mistreatment of the elderly living in nursing facilities are reprehensible. Typically, the only solution to stop the mistreatment is to hire an aggressive, yet understanding elder abuse attorney in Knoxville who understands comprehensive Tennessee tort laws. Many of the cases handled by our Tennessee elder abuse lawyers involve:

  • Physical abuse
  • Sexual assault
  • Emotional and mental trauma
  • Injury from falling
  • Activity restrictions
  • Facility acquired bedsores
  • Financial exploitation
  • Oppression or isolation
  • Under-medication or over-medication
  • Theft of the resident’s property or money
  • Malnutrition caused by not being fed enough nutritional food
  • Dehydration
  • Wrongful death

Detecting the Signs and Symptoms

Detecting the signs and symptoms of abuse and neglect against the elderly loved one in a nursing facility can be challenging to spot. However, families should remain vigilant and actively participate in the care provided their loved one. The most detectable signs and symptoms of nursing home abuse and neglect involve:

  • Pressure ulcers (bedsores; pressure sores; decubitus ulcers) allowed to advance to a life-threatening condition
  • Incoherent behavior caused by overmedicating or lack of hydration
  • Loss of appetite leading to weight loss
  • Unexplained bruises, lacerations or scrapes
  • New and unusual behaviors including worrying and fear
  • Unsanitary conditions in bedrooms, bathrooms and public areas
  • Burn injury
  • Unusual behavior including frustration, anger or agitation
  • Signs of depression or suicidal ideation (thoughts)
  • Soiled betting and clothing
  • Poor hygiene caused by inadequate bathing

Hiring Legal Representation

Unfortunately, every day elder members living in nursing facilities are mistreated, abused or neglected, where the only solution requires intervention by family members and friends. If you suspect your loved one is the victim of ill-treatment, abuse or negligence, or they have lost their life unexpectedly, you likely have a claim for compensation. The Knoxville nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC have extensive knowledge in professional litigation and if handled many successful claims for personal injury, nursing home abuse and wrongful death.

If a member of your family has suffered injuries, harm or death, contact our Tennessee elder abuse law firm today at (888) 424-5757. Our aggressive team of attorneys. We accept all personal injury, wrongful death the nursing home abuse cases through contingency fee agreements, meaning we are only paid for our services once we win your case at trial or negotiate an acceptable amount of financial compensation through an out of court settlement. All information you provide our law offices will remain confidential.

For additional information on Tennessee 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.

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