Phoenix Nursing Home Abuse & Neglect Attorneys - Part 2

Primary Concerns –

Failure to Follow Procedures and Protocols to Promote the Healing of Existing Bedsores

In a summary statement of deficiencies dated 03/27/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “provide care treatment to promote healing for three residents [at the facility] with pressure sores.” The deficient practice was noted in part due to a resident admitted to the facility with a Braden Scale for Predicting Pressure Sore Risk acquired on 02/05/2015 revealing a score of 18 “which indicated the resident was at risk for pressure sores.” On the same day, the Initial Data Collection Tool indicated that “there were no pressure ulcers or open areas to the sacrum and or buttocks area on admission” on the resident’s skin.

However, the resident’s 02/05/2015 Pressure Ulcer Status Form revealed that “the resident had a pressure ulcer to the sacrum which measured 0.3 centimeters by 0.3 centimeters, with a depth of 0.2 centimeters. The wound was described as a stage II pressure ulcer with no granulation and no necrotic tissue. This note also included that the [resident’s] physician was notified by the nurse.”

The Pressure Ulcer/Wound Care Plan initiated the following day “it included that the resident had a sacral pressure ulcer and the goal was to promote healing of the ulcer. One of the interventions was to provide wound care as ordered by the physician.” Four days later, notations made in the Pressure Ulcer Status Form indicated that the Stage II pressure ulcer still measured the same but now had “scant drainage, was red in color, and the resident was now experiencing pain.”

A review of the resident’s MDS (Minimum Data Set) indicate that the resident “had no cognitive impairment [but] required extensive assistance of two with bed mobility and transfers.”

By 02/16/2015, the resident’s Pressure Ulcer Status Form revealed that the resident’s wound “was now suspected deep tissue injury and measured 4.0 centimeters by 1.0 centimeters with unknown depth, at a small amount of drainage, and was maroon in color […and] despite the wound deteriorating and tripling in size, there was no change in the wound treatment.”

Two days later, the Physician’s Progress Note “included that the resident’s wound was seen by the Wound Nurse and had improved.” However, according to the 02/23/2015 Pressure Ulcer Status Record, “the wound was now unstageable, measured 4.0 centimeters by 1.0 centimeters with depth unknown. The wound also had a small amount of drainage and the wound that was covered with 40% slough/necrotic tissue.” The clinical records of the time “revealed there was no documentation the physician had been informed that the one had deteriorated and now contain slough. The Registered Nurse at the facility stated that “the wound to the resident sacrum was so bad that no dressing or cream would have helped.”

The state surveyor reviewed the February 2015 TAR (Treatment Administration Record) that revealed there was “no documentation that the physician’s orders [were followed].” In addition, the resident’s Pressure Ulcer Care Plan “revealed that they have not been updated to include two new pressure ulcers on the resident’s buttocks.”

Our Phoenix nursing home neglect lawyers recognize the failing to follow protocols and procedures when providing care to treat existing bedsores could cause the resident additional harm or serious injury. In addition, the deficient practices by the nursing staff fails to follow the established policies adopted by Life Care Center of Paradise Valley.

Shea Post Acute Rehabilitation Center
11150 North 92nd Street
Scottsdale, Arizona 85260
(480) 860-1766

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 Provide Care and Services That Meet Professional Standards of Quality

In a summary statement of deficiencies dated 02/12/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “ensure that care and services were provided that met professional standards of quality.” This deficient practice affected one resident at the facility.

The deficient practice was noted in part after a review of the facility’s 08/19/2014 Nurses’ Notes revealing that “the resident complained of pain was upset because [their medication] had not come in from the pharmacy.” A review of the “facility investigative documentation [indicates that] the resident was crying in pain and the Licensed Nurse explained the resident they were waiting [for the] pharmacy to deliver the pain medication. The report included the resident was given the pain medication. However, after administering the medication the nurse realized she had taken the medication from another resident’s medication card.”

The state surveyor conducted a 02/12/2015 8:38 AM interview with the Unit Manager who stated “that borrowing medication from another resident is not allowed. If the resident is missing a medication, then it can be pulled from the Pyxis. The Unit Manager stated that it is not in the Pyxis, then the nurses to call the pharmacy and the pharmacy will call the medication to the local pharmacy.”

The state surveyor conducted a 02/12/2015 8:57 AM interview with the facility’s Director of nursing who stated “the expectation of nurses is to use the five rights of administration.”

Acuity Specialty Hospital of Arizona at Mesa
215 South Power Road
Mesa, Arizona 85206
(480) 985-6992

A “For-Profit” 60-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Report or Investigate Any Act or Allegation of Mistreatment, Abuse or Neglect

In a summary statement of deficiencies dated 07/28/2014, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “thoroughly investigated notify the State Agency regarding an allegation of abuse for [a resident at the facility].”

The deficient practice was noted after review of the Acuity Specialty Hospital of Arizona at Mesa’s report revealing “that the resident called the police department on 01/21/2014, and reported that he had been assaulted. The report included that the resident had called the police, because he was not happy about an injection that he received earlier in the day, which he did not want.”

Documentation indicates that the time the resident was given the injection “there were multiple witnesses […and] the resident repeatedly stated he did not want the injection, but was given it anyway, and the resident was deemed incompetent to make his own decisions by his position. However, there was no documentation to support that the resident was deemed incompetent by a court of law.”

The state investigator conducted a 07/23/2014 11:30 AM interview with the facility’s Director of Quality and Risk Management who stated “that this incident was not looked at as an abuse allegation, because she felt that the resident had called the police, because he received an injection he did not want and that this was not a problem since the physician had deemed the resident incompetent to make his own decisions.”

During the same interview, the Director also stated “that there were a lot of witnesses to the injection and none of them noted any abuse […and] there was no statement taken from the resident, but it was understood that he called the police about the injection […and] that the report noted that all the parties were notified and should include the State Agency.”

Our Mesa nursing home abuse attorneys recognize the facility failed to follow their own protocols by reporting the abuse allegation to the State Agency. The deficient practice might be considered mistreatment or abuse because the nursing staff and administration failed to follow their own policy and procedures regarding abuse and neglect. The policy reads in part:

“All alleged violations are to be thoroughly investigated by staff member designated by the administrator […and] that all allegations involving abuse will be reported to the State Agency.”

Mi Casa Nursing Center
330 South Pinnule Circle
Mesa, Arizona 85206
(480) 981-0687

A “For-Profit” 180-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Follow Procedures and Protocols to Keep Infection from Spreading throughout the Facility

In a summary statement of deficiencies dated 03/11/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “ensure that contact precautions were implemented for one resident [at the facility].”

The deficient practice was noted after an initial review of resident’s records including the very 22,015 through 03/11/2015 Nurses’ Notes. The 03/10/2015 Nurses’ Notes revealed “of the resident and the residents’ guests were educated on contact precautions” because laboratory results indicated that the resident tested positive for contagious infection.

However, “further clinical record review revealed there was no documentation of the resident’s noncompliance with the established contact precautions or that he was educated, no documentation that this noncompliance was care planned.

While the isolation cart was positioned “outside the resident’s room and a sign was posted to see the nurse before entering the room. It was also observed that the resident was wheeling himself from the hallway of Station One to his room with no personal protective equipment (PPE) in place.”

Later in the day at 12:44 PM, and observation revealed “the resident had to visitors in his room and neither were in gowns and gloves as required.” The following day, an observation of the resident revealed that the resident “was observed outside of his room and was wheeling himself to the nurses Station One to his room with a staff member alongside him telling him to go inside his room. During the observation the resident was not wearing any PPE that would protect other residents and staff.”

Later that day, the resident was once again observed “in his wheelchair which was halfway out of his room. Again the resident’s arms and legs are located outside the room’s doorframe […and] the resident did not have PPE in place to be out of his room.” It was during this time that “a volunteer staff was walking by the hallway and was seen doing high five with the resident while the resident was sitting in his wheelchair.” The volunteer staff was not wearing personal protective equipment and “was observed then going into the facility’s kitchen.”

Our Mesa nursing home neglect lawyers recognize it failing to follow protocols to keep inspection from spreading throughout the facility could potentially harm other residents. The deficient practice by the nursing staff may be considered negligence or mistreatment.

Symphony of Mesa
3130 East Broadway Road
Mesa, Arizona 85204
(480) 924-7777

A “For-Profit” 204-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Provide Residents Routine and 24 Hour Emergency Dental Care

In a summary statement of deficiencies dated 12/19/2014, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “assist [a resident at the facility] in obtaining dental services.”

The deficient practice was noted after the state surveyor review the facility’s nurse’s notes indicating that “the resident woke up was swelling of the mouth and lips on 04/16/2014 at 9:51 AM. He was assessed and started on [a medication] for dental abscess. A dental consultation was to be ordered.” However, a review of the 04/26/2014 3:23 AM Nurses’ Notes indicated that the “resident remained on antibiotic therapy as ordered for a dental abscess” and there was no documentation of a dental referral indicated in the resident’s clinical record.”

The state surveyor conducted a 12/17/2014 interview with the facility’s Director of Nursing who stated “that a nurse should have taken the order and the Unit Secretary should have documented the order and followed up on it.”

Our Mesa nursing home neglect lawyers recognize that the facility failed to follow their procedures and protocols that caused the resident additional harm. Deficient practice by the facility might be considered mistreatment, neglect or abuse because it does not follow the facility’s policies, especially the Policy and Procedure for Dental Services that reads in part:

“Routine and emergency dental services are available to meet the resident’s oral health services in accordance with the resident’s assessment and plan of care […and] that oral health services are available to meet the resident’s needs and that routine emergency services are to be provided.”

The state surveyor noted that “nursing services are responsible for notifying Social Services of the resident’s needs for dental services. Social Services personnel were responsible for assisting the resident/family and making dental appointments and transportation arrangements as necessary.”

Can my Injuries Lead to a Civil Claim or Lawsuit?

Nursing facilities can be held legally accountable for acts of abuse, negligence or mistreatment occurring on the premises that causes harm, damage, injury or death of the resident. Sadly, there are countless intentional and unintentional actions, accidents, failures and direct abuse occurring in nursing homes. When the harm occurs because of the actions or inaction of an employee, visitor or other resident, the facility might be legally responsible. The most common examples of civil nursing home abuse lawsuits involve the facility’s failure to:

  • Maintain a premises free of accident hazards.
  • Ensure that all employees will not abuse, neglect or intentionally harm a resident.
  • Provide adequate supervision that leads to a resident falling or becoming injured through negligence, abuse or mistreatment.
  • Develop, implement, maintain and enforce safety and health policies.
  • Provide necessary medical treatment in accordance with physician’s orders and medical standards of care to meet the specific needs of the resident.
Proving Legal Liability is Typically Complex

Your loved one has been injured while residing in a nursing care facility, determining exactly what happened can be legally challenged. Proving legal liability is often extremely complicated. Filing a claim or lawsuit to receive financial compensation for your damages usually requires the skills of a reputable Arizona personal injury attorney who has handled many successful nursing home abuse and neglect cases.

The Phoenix nursing home abuse attorneys at Nursing Home Law Center LLC can ensure that your rights are protected and evaluate the conditions of your case to see if seeking compensation is worth pursuing. Our Arizona team of dedicated reputable attorneys has years of experience handling cases involving abuse, negligence and mistreatment happening in Phoenix area nursing homes. Our lawyers will investigate your claim, gather evidence, speak to witnesses, evaluate medical records, assess the documentation and build a case on your behalf.

Schedule your no obligation, free full case consultation today by calling our Phoenix elder abuse law offices at (800) 926-7565. We accept all nursing home neglect and abuse cases through contingency fee arrangements. This means no upfront fees are required as all of our legal services are paid only after we negotiate an acceptable out of court settlement or obtain your jury award at the end of a successful lawsuit trial.

For additional information on Arizona laws and information on nursing homes look here.

Phoenix, AZ Nursing Homes
Nursing Home Abuse & Neglect Resources

If you are looking for information on a specific facility or an attorney, please see links below to respective locality pages.

Phoenix Nursing Home Abuse & Neglect Attorneys - Part 1

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