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Palmyra Health and Rehabilitation Center Abuse and Neglect Attorneys
Staff members of nursing homes are entrusted to provide the highest level of compassionate care to the residents who need assistance with their hygiene and health management. Unfortunately, many nursing facility patients become victims of mistreatment after being neglected or abused by their caregivers, employees, visitors or other residents. Some of these victims are harmed by physical, mental, or emotional abuse, sexual assault, or develop life-threatening bedsores that could have been prevented if the staff had followed established procedures and protocols.
The Tennessee Nursing Home Law Center Attorneys have provided legal representation to many Montgomery County nursing home patients who are victims of mistreatment. Our legal team uses state and federal laws to hold negligent establishments to ensure that they are held both financially and legally accountable for their unacceptable behavior. Let us assist your family starting now to ensure you receive adequate financial compensation for your losses.Palmyra Health and Rehabilitation Center
This long-term care (LTC) home is a 75-certified bed Center providing cares and services to residents of Palmyra and Montgomery County, Tennessee. The Medicare/Medicaid-participating "for profit" facility is located at:
2727 Palmyra RdFinancial Penalties and Violations
Palmyra, Tennessee, 37142
The state of Tennessee and the federal government have the legal obligation to monitor every nursing facility and impose monetary fines or deny payments through Medicare if the facility has violated established nursing home regulations and rules. In some serious cases, the nursing facility will receive multiple penalties if investigators find the violations are severe and harmed or could have harmed a resident.
Within the last three years, the federal government has not fined Palmyra Health and Rehabilitation Center. However, the Nursing Home did receive one formally filed complaint and self-reported one serious issue that resulted in a citation. Additional information about fines and penalties can be found on the Tennessee Department of Health Nursing Home Reporting Website concerning this nursing facility.
The federal government and Tennessee Care Home regulatory agencies routinely update their statewide nursing facility database system and post the data on the Medicare.gov and the TN Department of Public Health website. The information contains historical details of filed complaints, health violations, opened investigations, safety concerns, incident inquiries, and dangerous hazards of every facility statewide.
According to Medicare, this facility maintains an overall rating of one out of five stars, including two out of five stars concerning health inspections, one out of five stars for staffing issues and one out of five stars for quality measures. The Montgomery County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Palmyra Health and Rehabilitation Center that include:
- Failure to Provide and Implement an Infection Protection and Control Program
- Failure to Keep Every Resident’s Personal Medical Records Private and Confidential
- Failure to Timely Report Suspected Abuse, Neglect and Report the Results of the Investigation to Proper Authorities
- Failure to Provide Every Resident an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent Avoidable Accidents
In a summary statement of deficiencies dated June 13, 2018, a state surveyor noted the nursing home's failure to “ensure infection control practices were followed to prevent the spread of infection when one of two Certified Nursing Assistant (CNA) staff members did not perform proper hand hygiene during catheter care.” The survey team reviewed the facility’s policy titled: Hand washing/Hand Hygiene – Procedure that reads in part:
“The purpose of this procedure is to provide guidelines for effective handwashing and hygiene techniques that will aid in the prevention of the transmission of infection. Before and after direct contact with residents, after removing gloves.”
The investigators reviewed the resident’s medical records and made observations of the resident’s room on June 12, 2018. During the observations, it was revealed that two Certified Nursing Assistants “did not perform hand hygiene before providing catheter care for [the resident].” One Certified Nursing Assistant “left the resident’s room during care and returned to the room without performing hand hygiene.”
As a part of the investigation, that CNA was interviewed by the surveyors and was asked: “what should be done when removing gloves and [before] appyling new gloves?” The CNA responded, “wash my hands.” The investigators then interviewed the facility Director of Nursing who confirmed that the nursing staff should “wash hands as soon as they go in that door” before performing catheter care and wash hands “after removing gloves and apply new gloves.”
In a summary statement of deficiencies dated May 25, 2017, the state survey team noted that the facility had failed to “ensure medical records were kept confidential for one of the forty-four residents residing in the facility.” The investigators reviewed the facility’s policy titled: Preparation General Guidelines that reads in part:
“The cart must be clearly visible to the personnel administering medications, and all outward sites must be inaccessible to residents or others passing by. In addition, privacy is maintained at all times for all resident information (e.g.) Medication Administration Record (MAR) by closing the MAR book covering the MAR indicating [the resident’s personal information].”
The investigators observed the facility C Hallway on two occasions on the morning of May 24, 2017, where the Medication Administration Record (MAR) was in view of others who could see the resident’s personal information. During an interview with a Licensed Practical Nurse providing the resident care who was standing at the C Hall medication cart, it was confirmed that it was inappropriate to have the resident’s MAR in view.
In a summary statement of deficiencies dated May 25, 2017, the state surveyor noted the facility's failure to "ensure a complete, thorough and timely investigation was conducted for resident-to-resident altercations for two of four residents.” The investigators reviewed the facility’s policy titled: Abuse, Neglect, Misappropriation of Resident Funds that reads in part:
“Reporting of abuse, neglect, misappropriation/procedure: Any individual observing an incident of resident abuse or suspect the resident abuse must immediately report such incident to the Administrator or Director of Nursing.”
“The names of any witnesses to the incident: Upon receiving information concerning a report of abuse, neglect, misappropriation, the Administrator or designee will investigate, obtain statements, and ensure the residents are safe and receiving quality care.”
The survey team reviewed the Incident Report documented on February 19, 2017, when a resident “was witnessed by other residents in the dining room running into the chair of [another resident]. During this event, [the resident in the chair] attempted to hit [the abusive resident] causing a small scratch on the lip. The residents were separated and monitored throughout the day. Mobil Crisis was notified as were the Director of Nursing and Administrator.”
A review of the resident’s Physician’s Order Sheets included immediate post-incident action where the Certified Nursing Assistants (CNAs) were “inform to keep the two separated for today.” The nursing staff also assess the resident’s for injuries and separated the two involved in the incident into two separate rooms. Their vital signs were taken, and one resident was asked what happened.
The surveyors interviewed the Assistant Director of Nursing and was asked to describe the incident that occurred between both residents. The Assistant Director replied, “I do not know who the other three residents were that witnessed it and the nurse that filed the report is no longer here.”
During an interview with the Administrator when asked to describe what happened, the Administrator responded that “I do not have a witness statement in their (looking through the investigation report). I sure thought the statements were in there. I have had some renovation done to my office, and they moved my desk around and may have slipped out of the file. I first put down that she was hit in the mouth, but actually that was a growth on her lip area. She did not get hit in the mouth.”
The Administrator said that the “second altercation is when [the aggressive resident] hit her and, I kept him in my office until paramedics could come and get him out. When we have someone that has an altercation like that, we separate them. We make “sure everyone is located.” I “get statements, monitor them and redirect them.” The Administrator confirmed that “the facility failed to complete a thorough investigation of the incident that occurred between [both residents].”
In a summary statement of deficiencies dated May 25, 2017, the state survey team noted that the facility had failed to “follow their policy for falls for two of three residents reviewed for falls.” The investigators reviewed the facility’s policy titled: Fall Management that reads in part:
“It is the standard to practice to identify those residents that are at risk for falling and provide prompt intervention to decrease the number of occurrences. The facility will utilize the Fall Risk Assessment to determine each resident’s level of risk. Each resident will be assessed upon admission, quarterly, and change in status. Each resident will receive a nursing assessment and evaluation after each fall.”
“The resident that experiences a fall must be documented on every shift for 72 hours post-incident. If the resident’s head came in contact with any object, the nurse must complete a neurological assessment for the next 72 hours.”
The surveyors reviewed the resident’s Incident Report dated November 10, 2016, that shows that the resident was “observed on the floor with a laceration to the right forehead [with a] large amount of sanguineous drainage noted.” The resident was sent to the emergency room for evaluation and treatment.
The Resident Incident Report dated November 26, 2017, documented that the resident was observed on the floor by a Dietary Worker in the dining room. The patient had a “left eye laceration.” The nursing staff applied ice and completed an assessment. The patient complained of a headache and “was assisted to the nursing station by staff.
The report shows that the patient was “self-propelling down the hallway” and “attempted to grab the trash bags off the cart when she leaned forward, [the resident] slipped off her wheelchair, causing skin tear to her lower leg.”
However, when the investigators reviewed the Nursing Notes, there was “no follow-up documentation completed on the day shift for November 27, 2016, and November 28, 2016, regarding the fall that occurred on November 26, 2016. The facility also failed to complete a fall risk assessment after the fall.”
The investigators interviewed the Interim Director of Nursing. The Director confirmed that it was unacceptable “for staff to not follow the policy for falls and neuro checks for 72 hours after fall when it was reported that the resident hit her head very hard on the floor.”
If you or your family suspect that your loved one was the victim of abuse, neglect or mistreatment caregivers while living at Palmyra Health and Rehabilitation Center, contact the Tennessee nursing home abuse and neglect attorneys at Nursing Home Law Center at (800) 926-7565 now. Our law firm fights aggressively on behalf of Montgomery County victims of mistreatment living in long-term facilities including nursing homes in Palmyra.
Our knowledgeable attorneys can offer legal assistance on your behalf to ensure your case for financial compensation is successfully resolved against every party that caused your loved one harm. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim. We can begin working on your case now to ensure your rights are protected.
Our attorneys accept every case concerning wrongful death, personal injury and nursing home abuse through a contingency fee agreement. This arrangement postpones making upfront payments for our legal services until after we have successfully resolved your compensation claim through a negotiated settlement or jury trial award. Let our attorneys begin working on your behalf today to ensure your family receives adequate compensation from those who caused your harm. All information you share with our law offices will remain confidential.Sources: