San Bernardino California Nursing Home Abuse Attorneys
Providing loving care and medical service for an aging parent is never easy. Because of that, many families are faced with the undesirable decision to place their loved one in a long-term nursing care facility that provides care to the disabled, elderly and infirmed 24 hours a day, every day. Unfortunately, the San Bernardino nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have been involved in many nursing home abuse cases where the nursing staff failed to take steps to prevent injury, illness or death of the residents under their care.
The number of cases of neglect, mistreatment and abuse are likely to increase in the years ahead as many more in the aging population reached their retirement years. More than 25,000 residents living in San Bernardino are 65 years older. That number doubles when the residents of San Bernardino County are counted. The growing number of elders in the community has already placed a significant burden on nursing facilities that are unable to meet the demands of the aging, ill, rehabilitating and disabled.
Recognizing the signs and symptoms of nursing home abuse and neglect often takes an experienced personal injury attorney who specializes in these types of cases. A seasoned attorney representing nursing home victims recognizes the patterns of abuse and neglect that is often an indicator that the resident in the nursing facility is not receiving the proper care, treatment and medicine they required to maintain their health and well-being.San Bernardino Nursing Home Resident Health Concerns
Many nursing home supervisors, nurses and nursing staff go to great lengths not to inform family members about a change in the resident’s medical condition or injury suffered at the facility through the carelessness or negligence of staff members. Treatment records and written care plans are often deficient in information failing to describe exactly why or how the resident suffered their injuries or decline in their condition.
As a way to provide assistance to family members with a loved one in a nursing facility, our San Bernardino County elder abuse lawyers routinely review, evaluate and assess national databases including information on Medicare.gov. This publicly available data outlines safety concerns, health violations, opened inspections and filed complaints against nursing facilities all across the United States. We publish our findings in an effort to provide substantial information to help families make the best decision possible when placing a loved one in a local area nursing home.Comparing San Bernardino Area Nursing Facilities
The information below was compiled by our California elder abuse attorneys that outlines nursing facilities in the San Bernardino area that currently maintain below average ratings compared with other nursing homes in the United States. In addition, our law firm has posted our primary concerns detailing specific concerns involved in actual incidences, events and accidents occurring in these nursing homes that caused injury or could have caused injury to the resident. Some of these cases involve preventable accidents, avoidable urinary tract infections and accident hazards that compromised the resident’s health.Information on California Nursing Home Abuse & Negligence Lawsuits
Our attorneys have compiled data from settlements and jury verdicts across California to give you an idea as to how cases are valued. Learn more about the cases below:
- California Nursing Home Medical Error Lawsuits
- California Nursing Home Abuse Lawsuits
- California Nursing Home Inadequate Care Lawsuits
- California Nursing Home Bed Sore Case Valuations
- California Nursing Home Fall Case Valuations
VALLEY HEALTHCARE CENTER
1680 North Waterman Avenue
San Bernardino, California 92404
A “For-Profit” 109-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Protect Residents from Abuse and Physical Punishment
In a summary statement of deficiencies dated 04/29/2015, a complaint investigation was opened against the facility for its failure to “ensure [a resident at the facility] was protected from mental abuse when two Certified Nurses’ Aides [CNAs], and one Restorative Nursing Assistant [a Certified Nursing Assistant with rehabilitation training] failed to provide a bedpan for [the resident].”
The complaint investigation was initiated after three nurses at the facility failed to provide a resident of bedpan when requested and instead “turned off call light left the room without providing her the bedpan.” The state surveyor conducting the investigation noted that the failure by the nursing staff at Valley Health Care Center “had the potential to result in mental abuse for [the resident] who verbalized the incident made her feel worthless and she was afraid she was going to urinate on herself.”
State investigators conducted an unannounced visit at 1:25 PM on 04/21/2015 to “investigate a complaint about mental abuse for [a resident at the facility].” As a part of the investigation, the surveyor’s interview the resident who stated that “during the day shift (7 AM to 3:30 PM) approximately two weeks ago, a [Restorative Nursing Assistant] and two [Certified Nursing Aides] made me feel worthless and like I was going to pee on myself when I asked for the bedpan. I turned on my light (call light) and the [Restorative Nursing Assistant) said, another nurse will help you. Another Certified Nursing Assistant came but did not give me the bedpan […and] she was with another CNA, and they were talking to each other, and walked through to my patio door.”
The resident continued during the investigation by stating, “I turn the call light back on and [one of the CNAs] turned it back off, but did not give me the bedpan […and] it took about 30 minutes before [that CNA] returned and gave me the bedpan.”
The state investigator asked the resident “if she reported this incident to anyone?” The resident indicated that “she reported to [a third CNA] when he came on duty for the evening shift (3 PM to 11:30 PM on the same day it happened.”
An interview was conducted with the third CNA at 3:00 PM on 04/22/2015 where he was asked “if he had been told by [the resident] about the incident involving [the Restorative Nursing Assistant and two Certified Nursing Aides] not providing her the bedpan when asked.” The third CNA responded, “Yes. When I came in at 3:00 PM the resident was upset. I asked her [the resident] what happened, and she told me the nurses [2 CNA’s] came back and kept turning off the light and no bedpan was given. I talked to [the facility’s Licensed Vocational Nurse/Charge Nurse] about it […and indicated that the resident] said it happened that morning.”
The state investigator then conducted an interview with the facility’s Licensed Vocational Nurse/charge nurse on the same day at 4:05 PM asking if the third CNA “have reported to him [the resident’s] allegations involving [the Restorative Nursing Assistant and two Certified Nursing Aides.” The Licensed Vocational Nurse stated “I don’t recollect, I don’t remember. I remember the resident stated there was a problem with her [CNA] and the care being provided to her on the AM shift. [The resident] is very alert and is a good informant, oriented to person, place, time and event.”
The investigator conducted an interview with the facility’s Administrator a few minutes later 4:30 PM and asked “if you received report from [the third CNA or the Licensed Vocational Nurse/Charge Nurse]].” The Administrator responded, “No, I have not received report about this allegation. The Administrator stated that the resident is alert and clearly can make her needs known. She never complained of anything to me.”
As a part of the investigation, the surveyor interviewed one of the Certified Nurses’ Aides involved in the incident asking if “she remembered an incident where [the resident] was requesting the bedpan approximately two weeks ago.” While the Certified Nursing Assistant indicated that they remember the incident and that they were with another CNA, they indicated that they gave the resident the bedpan “right away.” When the Certified Nurses’ Aide was “asked about the allegation she had turned off the call light without responding to [the resident’s] request for a bedpan” the Certified Nurses’ Aide “denied this happened.”
A review of the resident’s electronic clinical records between 04/07/2015 and 04/23/2015 did not reveal any documentation that the Licensed Vocational Nurse and received a reported incident by the third Certified Nurses’ Aide about “an allegation of possible abuse.” In addition, there was “no documented evidence that [the Licensed Vocational Nurse] had interviewed or assessed [the resident] following [the report by the Certified Nurses’ Aide, nor documented evidence [of the reported allegation to the resident’s] Physician or Director of Nursing.
The state surveyor also noted that there was “no documentation to show [the resident] had voiced her concern to [the third Certified Nurses’ Aide… and] no documentation to show that the [Charge Nurse] had assessed or interviewed the resident and reported his findings to the [Registered Nurse Supervisor, Director of Nursing or the Administrator], regarding the bedpan not being given to the resident and her call light being turned off by [two Certified Nurses’ Aide].”
Our San Bernardino nursing home abuse attorneys recognize that failing to follow procedures and protocols regarding any allegation of abuse has the potential of causing additional abuse, mistreatment or harm to the resident. The deficient practice the nursing staff and Administrator at Valley Health Care Center violates federal and state nursing home regulations and does not follow the established policies and procedures adopted by the facility including their 10/11/1999 policy and procedure title: Abuse Prevention that reads in part:
“Our facility will not permit residents to be subjected to abuse by anyone, including staff members, other residents, consultants, volunteers, staff of other agency serving the resident, family members, legal guardians, sponsors, friends or other individuals.”
“Employees, facility consultants and or attending physicians must immediately report any suspected abuse or incidences of abuse to the Director of Nursing Services. An absence of the Director of Nursing, such reports may be made to the Nurse Supervisor on duty.”
PROVIDENCE WATERMAN CENTER
1850 N. Waterman Ave.
San Bernardino, California 92404
A “For-Profit” 162-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Provide Necessary Services and Care to Ensure That the Resident Maintains Their Highest Well-Being
In a summary statement of deficiencies dated 05/13/2015, a complaint investigation against the facility was opened for its failure to “ensure the prescribed treatments to the buttocks and right heel was administered for [a resident at the facility].” That deficient practice by the nursing staff at Providence Waterman Center “had the potential to result in [the resident’s] wounds to worsen which may lead to medical complications.”
The state surveyor conducting an investigation in a complaint interviewed the complainant at 2:45 PM on 01/20/2015 who stated that the resident’s “once the buttocks and right heel had worsened during [the resident’s] stay at the facility.”
As a part of the complaint investigation, the state surveyor made an unannounced visit to the facility on two separate occasions including on 04/02/2015 at 10:45 AM. The surveyor arrived at the facility to “investigate a complaint regarding quality of care for [the resident].”
The investigator reviewed the resident’s 09/14/2014 History and Physical (H & P) records that reflected the resident “has fluctuating capacity to understand and make decisions.” In addition, the document gives extensive orders on how to treat the skin breakdown of the resident’s right buttocks using a variety of cleaning solutions and medications to assist in the healing of the skin breakdown. The directive indicates that the wound must be cleaned every shift and as needed for 21 days.
The state investigator reviewed the December 2014 treatment record for the resident indicating that “the treatment to the sacral (tailbone) was not done” on numerous days and on numerous shifts throughout the month including on 12/07/2014, 12/08/2014 and from 12/10/2014 through 12/14/2014 at times during the morning shift and evening shift.
A review was also conducted on the December 2014 Treatment Record in regards to the resident’s right heel noting that “treatment to the right heel was not done” on multiple days including between 12/05/2014 through 12/07/2014 and again on 12/10/2014.
The state investigator noted that the resident’s 09/17/2014 plan of care for skin integrity “indicates the facility would give treatment to affected areas as ordered.”
An interview was conducted by the state investigator on 04/02/2014 at 2:00 PM with the facility’s Treatment Nurse who stated “if the treatment book is not signed, the treatment was not done.”
Our San Bernardino nursing home neglect attorneys recognize a failing to follow protocols and procedures when treating a resident with open wounds has the potential of causing serious harm or additional injury to the resident. The failures of the nursing staff at Providence Waterman Center to provide treatment to the resident might be considered negligence or mistreatment because the deficient practice fails to follow the facility’s policy and procedure title: Medication Administration that reads in part:
“Medications and treatment shall be administered as prescribed.”
PROVIDENCE DEL ROSA VILLA
2018 N Del Rosa Ave.
San Bernardino, California 92404
A “For-Profit” 104-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Follow Procedures and Protocols When Treating an Existing Bedsore to Ensure It Heals
In a summary statement of deficiencies dated 03/19/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “provide adequate nutrition care for wound management for [a resident at the facility].” The deficient practice by the nursing staff at Providence Del Rosa Villa “had the potential for poor wound healing of the resident’s multiple pressure ulcers.”
The deficient practice was noted by the state investigator after a review of a resident’s clinical record and 10/14/2014 MDS (Minimum Data Set) indicating that the resident “had an unhealed Stage III or Stage IV pressure ulcer [where Stage III is full thickness skin tissue loss and Stage IV is full thickness skin tissue loss with exposure of bone, tendon or muscle].” The resident’s pressure ulcer measured “width and depth of 2.0 centimeters by 2.0 centimeters. The following MDS record, dated 01/14/2015, indicated that the resident’s pressure ulcer was unhealed, at Stage III or Stage IV, with an increased width and depth of 2.0 centimeters by 2.4 centimeters.”
The state investigator conducted a 03/16/2015 12:30 PM interview with the facility’s Licensed Vocational Nurse in charge of providing the resident care who stated “that the resident sometimes ate and at times he did not [… stating that the resident] usually requested to leave the food there (in his room).”
In a subsequent 8:35 AM interview two days later with another Licensed Vocational Nurse at the facility it was revealed that “the resident usually slept until 1:00 AM to 12:00 PM and was a late riser. Sometimes he ate breakfast, sometimes he didn’t.”
The investigator reviewed the May 2014 through February 2015 Food Consumption Logs that indicated that “the average food consumption [of the resident] for the time interval was approximately 63% of meals. During this period 179 meals were refused, mostly breakfast.”
A review of the facility’s document title: Standards and Therapeutic Diets reveals that “a regular diet provided an average of 2200 calories and 80 grams of protein.” However, the resident’s “average intake is estimated to be 1386 calories and 50 grams of protein daily for that time period of what was required according to the estimated nutrition needs.”
The investigator then reviewed the resident’s 03/06/2014 through 03/05/2015 medical record titled: Nutrition Assessment and Review that revealed that the resident “repeatedly refused a protein supplement, which were essential for proper healing of his pressure ulcers. There was no alternative protein supplementation offered to the resident found in the nutritional documentation […and] there was no documentation in the nutritional document to show the resident routinely refused breakfast or steps the facility did not provide adequate nutrition.”
The laboratory reports drawn on the resident I 01/13/2015 were reviewed by the state investigator that showed results of the resident’s nutritional status level was between 3.7 to 3.3 compared to the 4.7 level necessary “to meet his needs.” A low status level is usually an indicating “risk factor for impaired healing for many skin conditions.”
Our San Bernardino nursing home neglect attorneys recognize that failing to follow procedures and protocols to treat existing bedsores to ensure it heals adequately could place the health and well-being of the resident in immediate jeopardy. The deficient practice by the nursing staff at Providence Del Rosa Villa might be considered negligence, mistreatment or abuse because their failures directly affected the negative outcome of the resident’s existing Stage III or Stage IV pressure ulcers. In addition, the nursing staff failed to follow the facility’s 1994 policy and procedure title: Decubitus (Pressure Ulcer) Prevention and Monitoring that reads in part:
“All residents admitted with pressure ulcers will be placed on a pressure ulcer prevention program which includes… nutritional assessments… intense skin monitoring.”
WESTERN HEALTHCARE CENTER
1700 E. Washington Street
Colton, California 92324
A “For-Profit” 99-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Follow Procedures and Protocols When Administering Medications as Ordered by the Resident’s Physician
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 “ensure all medications were administered as ordered by the physician for [a resident at the facility] who did not have the capacity to make medical decisions and was allowed to refuse medications.” That deficient practice by the nursing staff at Western Healthcare Center “had the potential to adversely affect the resident’s health and safety.”
The deficient practice was noted after state surveyor reviewed the resident’s records that revealed the resident “was admitted to the facility for after care of injuries she sustained during a traumatic fall. These injuries included a cervical vertebra fracture, closed second metacarpal (bone in the toe) fracture, and right arm fracture.”
The state investigator noted that the resident’s also had a medical history that included Diabetes Mellitus and Dementia – “a progressive condition characterized by multiple brain dysfunctions, such as, memory, inability to speak correctly, and inability to make plans.” The documentation also revealed that “the resident could make needs known, but could not make medical decisions.”
The nursing staff was provided physician’s orders on how to administer treatment and medication to the resident including providing diabetes treatment subcutaneously every morning before breakfast (at 6:00 AM). The orders indicate to hold the medication “in blood sugar less than 100, order dated 01/23/2015.” Additional orders included antibiotic medication administered by intramuscular to treat a urinary tract infection, along with water pills given by mouth every day at 9:00 AM with instructions to “hold for systolic blood pressure less than 105 or diastolic blood pressure less than 55” that was ordered on 02/23/2015.
Even though the resident was not capable of making the determination to refuse the medication, the resident still refused. However, there “was no documented evidence to show that the physician was notified when the resident refused the above listed medications.”
The state investigator conducted an interview on 3:00 PM on 09/17/2015 with the facility Licensed Vocational Nurse providing the resident care who “verified she had not administered medication to [the resident] due to the resident’s refusal, she did not notify the physician and she validated she needed to call the doctor.”
In a subsequent interview the following day at 5:00 PM with another Licensed Vocational Nurse, it was verified that “she had not administered medications to [the resident] due to the resident’s refusal, she did not notify the physician and confirmed she lacked the understanding of the facility process.”
As a part of the investigation, the surveyor conducted an interview at 11:00 AM on 09/18/2015 with the facility Director of Nursing who stated “we have had ongoing licensed nurse meetings, we have discussed the process of three consecutive missed doses. We had discussed what the practices, what difficulties there are and notifying the doctor (MD). This goes back to critical thinking. Obviously there is a need for process review, and remedial/educational review. I will have to begin.”
Our Colton nursing home neglect attorneys recognize the failing to follow procedures and protocols when administering medications as ordered by a resident’s physician has the potential causing serious harm injury or death to the resident. The deficient practice by the nursing staff at Western Healthcare Center might be considered mistreatment or negligence because the process for administering medication failed to follow the facility’s policy and procedure title: Administering Medications that reads in part:
“Medication shall be administered in a safe and timely manner and as prescribed.”
HILLCREST NURSING HOME
4280 Cypress Drive
San Bernardino, California 92407
A “For-Profit” 59-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Provide Adequate Protection to Safeguard Residents from Abuse and Physical Punishment
In a summary statement of deficiencies dated 06/23/2015, a complaint investigation was opened against the facility for its failure to “ensure [a resident at the facility] was free from physical abuse when a Certified Nursing Assistant hit [the resident] on the forehead.” That deficient practice by the nursing staff at Hillcrest Nursing Home resulted in the resident “sustaining a laceration (a deep cut) on the forehead.”
The complaint investigation included an unannounced visit by state surveyors to the facility “to investigate a complaint regarding quality of care for [a resident at the facility].” The surveyor’s reviewed the resident’s 12/10/2014 History and Physical (H & P) revealing that the resident “has a fluctuating capacity to understand and make decision, but cannot make immediate needs known.”
As a part of the investigation, the state surveyor conducted an interview with the resident at 1:45 PM on 04/17/2015 where the resident stated, “there were three girls and one of them hit me in the face, and cut me.”
The state investigator conducted a 2:45 PM interview on the same day with a Certified Nursing Assistant (CNA) that had provided the resident care. The CNA stated that “on 04/03/2015 before 9:00 AM and 10:00 AM, she was asked by [another Certified Nursing Assistant] help transfer [the resident] from bed to a wheelchair.” The Certified Nursing Assistant asking for help “had keys attached to a lanyard (a cord or strap worn around the neck to carry items such as keys and identification cards).” At the time, the resident “was in the wheelchair, combative and started hitting [the CNA with the lanyard who] proceeded to wheel [the resident] out of the room [when the resident] was observed to hit [that CNA] outside the room.”
The assisting Certified Nursing Assistant stated that the CNA with the lanyard “brought the resident back into the room […and that CNA] was observed by [the assisting Certified Nursing Assistant] hitting the resident with keys attached lanyard to the resident’s forehead.
The investigator’s review that CNA’s employee file states the employees date of hire as 01/12/2015 revealing that the CNA “received abuse prevention training [on that day].” At the time, that Certified Nursing Assistant “was not available to be interviewed during the investigation.”
A review of the 04/04/2015 11:00 AM licensed nurse’s progress notes involving that resident documented to the resident “had a 1.5 centimeter scabbed laceration to the left side of the forehead caused by a CNA hitting the resident with keys.” In a subsequent interview conducted on 04/17/2015 at 1:20 PM with the Director of Staff Development it was revealed that that “CNA should have never hit the resident.”
Our San Bernardino nursing home abuse lawyers recognize that any incident involving abuse by caregivers is unacceptable. The deficient practice by the nursing staff at Hillcrest nursing home might be considered abuse and mistreatment. In addition, the failures by the nursing staff violated the Facility’s Policy and Procedure Title: Abuse Policy And Procedure that reads in part:
“The facility will not permit residents to be subjected to abuse by anyone. Physical abuse is defined as hitting, slapping, pinching, kicking, etc.”Observing the Warning Signs of Possible Neglect and Abuse
Unfortunately, cases involving nursing home neglect and abuse are not as isolated as families would like to believe. Attorneys representing family members and victims of elder abuse and negligence see patterns by the nursing staff and administrators that cause injury that might have been preventable had early detection an action been taken.
Many of the warning signs of possible abuse and neglect involve:
- Medication errors
- Facility acquired pressure sores (bedsores; decubitus ulcers; pressure ulcers) that are almost always avoidable with proper care and early detection;
- A change in personality caused by dehydration
- Significant weight loss caused by malnutrition
- Poor supervision to ensure residents requiring monitoring are provided adequate assistance
- Unexplained injuries of unknown origin
- Poor hygiene and unsanitary conditions
- Unexplained bruising, lacerations, cuts and burns
- Injuries caused by falls
- Resident abuse including sexual assault by other residents and nursing home employees
- An elopement or wander away from the facility due to a lack of supervision
- Wrongful death
If the actions or inaction of the nursing staff or administration seriously injures or causes the death of the resident, the nursing facility is likely legally liable to the victim and surviving family members. Because of that, many families will hire personal injury attorney who specializes in nursing home abuse cases.Hiring a Lawyer
If your loved one has suffered the consequences of abuse and neglect while under the care of a nursing facility, the San Bernardino nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC can assist you in taking immediate action to stop the harm now.
Our Southern California team of dedicated reputable attorneys have protected the rights, health and well-being of many San Bernardino nursing home residents. Our law firm remains committed to serving as legal advocates for nursing home victims statewide.
We urge you to make contact with our California elder abuse law offices today by calling (800) 926-7565. By scheduling an initial conference, you can speak with one of our skilled attorneys for a full case review. All information you share with our law firm remains confidential. We accept all nursing home abuse cases through contingency fee arrangements so no upfront fees are required.
For additional information on California 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.