Stockton California Nursing Home Abuse Lawyers

Stockton California Nursing Home Abuse LawyersMany families face the undesirable emotional decision to move an elderly, infirm or disabled loved one into a nursing facility. Once the decision has been made, family members trust that the nursing staff, administrators, managers and others will provide much-needed care of the loved one with the dignity and respect they deserve. Unfortunately, The Stockton nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have witnessed many cases involving abuse, neglect and avoidable accidents that lead to serious injury or death of the nursing home resident.

In many incidences, the elderly resident is afraid to speak out against those causing abuse and neglect to them or other residents in the facility. If you suspect that your spouse, parent or grandparent is not provided the care and services they deserve while living in a nursing facility in California, it is crucial to take immediate steps and serve as their advocate to stop the harm now.

Nearly one half million individuals live in the Stockton/Modesto area in both San Joaquin and Stanislaus counties. Out of the total population, more than 70,000 are senior citizens who are 65 years or older. Many retirees who choose to stay in a beautiful environment of the northern portion of San Joaquin Valley often spend their final days in nursing facilities throughout the local community.

Stockton Nursing Home Resident Health Concerns

Our skilled personal injury lawyers have analyzed and reviewed many opened cases, filed complaints, investigations and health concerns involving nursing facilities throughout the central California. We publish our findings from data gathered from national databases including Medicare.gov in an effort to provide valuable information many families need when deciding where to place a loved one who requires the best health and hygiene care.

Comparing Stockton Area Nursing Facilities

The detailed list below outlines nursing facilities throughout the Stockton area that currently maintain below standard ratings compared with other facilities nationwide. In addition, our advocacy law firm as posted our primary concerns by specifically noting cases that have involved the spread of infection, unsanitary conditions, abuse, neglect and mistreatment by the nursing staff and other residents that caused nursing home victims serious injury.

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:

LA SALETTE HEALTH AND REHABILITATION CENTER
537 E. Fulton Street
Stockton, California 95204
(209) 466-2066

A “For-Profit” 116-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 stars rating

Primary Concerns –

Failure to Ensure That Every Resident in the Facility Receives an Accurate Assessment by Qualified Health Professional

In a summary statement of deficiencies dated 08/07/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “ensure quarterly MDS (Minimum Data Set) accurately reflected the status of [a resident when that resident] did not experience significant weight loss as identified in the MDS (Minimum Data Set).”

The deficient practice was noted by the state investigator after reviewing the resident’s 03/19/2015 Quarterly Minimum Data Set with Assessment Reference Date (ADR) indicating the resident “had no weight issues or pressure sore issues. However, the resident’s 06/19/2015 Quarterly Minimum Data Set with Assessment Reference Date (ADR) performed three months later indicated the resident “had experienced a significant weight loss and serious pressure ulcer. The clinical record revealed there was no documented evidence a Significant Change MDS [Minimum Data Set] was prepared at the time the weight loss and pressure ulcer had been included [in the records].”

The state investigator conducted a 1:45 PM 08/05/2015 interview with the facility’s MDS Coordinator revealed that “she reported a Significant Change assessment would normally be conducted if there were changes in two separate areas of an MDS […and] reported the newly identified weight loss, and the newly identified pressure ulcer did not represent changes in two areas. She confirmed there was no Significant Change Assessment [conducted or documented].”

The surveyor can interview the facility’s Director of Nursing, MDS Coordinator and Dietary Director at 10:30 AM on 08/07/2015 where the Dietary Director “reported she erroneously identified the significant weight loss”. In addition, the MDS Coordinator “reported she had reviewed the weight data and included there was no significant weight loss.”

Our Stockton nursing home neglect attorneys recognize the failing to ensure that every resident in the facility receives an accurate assessment by qualified health professionals could place the health and well-being of the resident in immediate jeopardy. The deficient practiced by the nursing staff at La Salette Health and Rehabilitation Center might be considered negligence or mistreatment, especially if the resident suffered injury, pain or change in their medical condition as a result.

RIVERWOOD HEALTHCARE CENTER
5320 Carrington Circle
Stockton, California 95210
(209) 473-3004

A “For-Profit” 99-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 stars rating

Primary Concerns –

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

In a summary statement of deficiencies dated 05/26/2015, a complaint investigation was opened against the facility for its failure to “ensure a resident was provided the proper assistive devices and supervision to prevent falls.” The deficient practice by the nursing staff at Riverwood Healthcare Center resulted in the resident “sustaining a fall with injury.”

The state surveyor conducting and 04/09/2015 MDS (Minimum Data Set) as an assessment tool that reveal the resident “had severely impaired cognition and was dependent on staff for transfers and positioning […and] was unable to ambulate and used a wheelchair as her primary mode of transportation […and] was assessed as being at high risk for falls.”

The surveyor also noted a documented physician’s orders that the resident uses a “cushion with a covered foam block in the middle of the cushion that fits between the legs, designed to help prevent sliding forward or out of the chair.” Additional notations were made in the 04/03/2014 Risk for Injury/Fall Care Plan revealing that the resident “was at high risk for falls related to poor balance, lack of safety awareness and limited mobility.”

The resident’s 01/26/2015 Care Plan directed the nursing staff of the resident “was to have a pommel cushion when up in her wheelchair to promote safe positioning.

The complaint investigation was initiated in part due to an incident occurring at the facility documented in the nurse’s notes at 6 PM on 04/28/2015 that included the following “while passing the meds, overheard [patient’s] roommate yelling for help. Found (patient) on the floor (with) face down on the floor at the left side of the bed. [The resident’s wheelchair] at the left side of the bed behind her. Alert and responsive (with) a skin tear to [the left] eyebrow. No swelling with a moderate amount of bleeding.” The nurse’s note also indicated that the resident “received first aid for the skin tear on her eyebrow and Tylenol 325 milligrams two tablets for facial grimacing.”

The investigator noted that “there was no documentation in the note that indicated the range of motion of [the resident’s] extremities was assessed for possible injury.”

Nursing notes documented the following morning on 04/29/2015 at 10:00 AM – some 16 hours after the resident “had fallen, indicated while the Certified Nursing Assistant (CNA) was attempting to change [the resident’s] brief, she began moaning and resisting movement of her lower extremities. The physician was notified in order was received to x-ray her pelvis in both hips.”

The resident underwent x-rays where the results were revealed 11:00 AM the following morning on 04/29/2015 revealing the resident “had an angulated overriding and displaced subtrochanteric fracture of the proximal left femur (top portion of the long bone in the upper thigh). A displaced fracture is a fracture where the broken bones have moved out of their normal position.”

The facility conducted a “fall investigation that day on 04/29/2015 indicating that the night shift supervising nurse made notations in regard to the incident indicating “she was called by the Licensed Vocational Nurse to check [the resident] because the resident had fallen.” A portion of the documentation indicated that the resident “had already been placed back in her wheelchair before the Supervisor arrived to assessor.” At time, the supervisor indicated that the resident “was bleeding from her left eyebrow […and] was seated on a wedge cushion, not a pommel cushion […and that the] pommel cushion was found on the corner near the television.”

The documentation in the fall investigation noted that the Certified Nursing Assistant stated to the Night Supervisor that the resident “had slid out of the chair.” The supervisor also revealed that the Certified Nursing Assistant “stated he was not aware [that the resident] was supposed to be seated on a pommel cushion.” In addition, the supervisor documented that the Licensed Vocational Nurse “attempted to check the resident’s range of motion, but due to joint contractures the nurse noted only that there was no swelling noted.

The state investigator conducted a 11:30 AM 05/05/2015 interview with the facility’s Director of Nurses the stated that the resident “was placed in her room in her wheelchair after dinner out of sight of the staff. During the investigation, it was determined [that the resident] was not seated on a pommel cushion as ordered by her physician […and] apparently the day shift staff had incorrectly placed [the resident] on a wedge cushion and the evening [Certified Nursing Assistant] was not aware she was supposed to be seated on a pommel cushion.”

Our Stockton nursing home neglect lawyers recognize that failing to follow physician’s orders when providing care to a cognitively impaired resident could place the health and well-being of the resident an immediate jeopardy. The deficient practice by the nursing staff at Riverwood Healthcare Center might be considered neglect or mistreatment because the nursing staff failed to follow the facility’s June 2013 policy and procedure titled: Falls Management Program that reads in part:

The facility will provide residents with adequate supervision and assistive devices to prevent accidents” … Look and palpate for injuries (such as bones, limbs in unnatural positions, shortening, external rotation, fracture) assess pain, tenderness, swelling, bruising (range of motion) (full-restricted). Summon help to call doctor and then carry on doctor’s orders.”

KINDRED TRANSITIONAL CARE & REHABILITATION – VALLEY GARDENS
1517 East Knickerbocker Drive
Stockton, California 95210
(209) 957-4539

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

Overall Rating – 2 out of 5 possible stars

2 stars rating

Primary Concerns –

Failure to Provide Protection for Every Resident from Abuse, Physical Punishment or Separation from Others

In a summary statement of deficiencies dated 11/03/2015, a complaint investigation against the facility was opened for its failure to “ensure [the resident] was free from physical abuse when [a Certified Nursing Assistant (CNA)] hit the resident’s head with her hand.” The deficient practice by the nursing staff at Kindred Transitional Care and Rehabilitation – Valley Gardens “resulted in emotional distress and have the potential for physical injury for [the resident].”

The state survey conducted the investigation reviewed a resident’s 09/30/2015 MDS (Minimum Data Set) – a recognized assessment instrument – indicating that the resident “was cognitively intact.” In addition, medical documents reveal that the resident “was admitted to the facility for rehabilitation after knee surgery.

A complaint investigation was opened in part due to an incident involving a resident and Certified Nursing Assistant at the facility. The investigator conducted at 11:43 AM 10/14/2015 interview with the facility’s PTA (Physical Therapy Aide) who stated “she walked into the resident’s room on 10/02/2014 and [the resident] said, ‘could you help me?’. The Physical Therapy Aide further indicated that the resident “told her [Certified Nursing Assistant (CNA)] was getting her up for breakfast and she was trying to sit up.” The resident continued that the CNA “was getting a blood pressure on the resident [when the resident] requested a pillow to put behind her head. The [CNA] hit the front of her head.” The resident then responded “was that necessary?” The CNA “just continue taking the blood pressure.”

The investigator then conducted at 1:20 PM 10/15 2015 interview with the facility’s Certified Nursing Assistant providing the resident care who indicated “that while putting on the blood pressure cuff, I brushed her [the resident’s] hair with the cuff.” [The resident] declined to be interviewed because of the language barrier and asked [a family member] to relate the incident for her.”

The state investigator conducted a 9:15 AM 10/19/2015 interview with a resident’s family member who stated “The CNA came into the room to take [the resident’s] blood pressure [when the resident was] lying in bed.” “Could you give me a pillow to prop me up?” The family member said that the Certified Nursing Assistant “was very rude. Smacked [the resident] on the back of the head. It hurts so hard she was dizzy. Then the CNA left. Later she came back and said ‘Don’t say anything… Don’t tell no one.’ The family member indicated that the resident told the Certified Nursing Assistant “oh no, you hit me!” And that the CNA “hit her so hard she was seeing stars.”

An interview was conducted by the state investigator at 10:00 AM on 10/14/2015 with the facility’s Director of Nursing who stated that the Certified Nursing Assistant in addition, the Director of Nursing indicated “she shouldn’t have done that. The [Director] further indicated that [the CNA’s] employment at the facility had been terminated.”

The state investigator noted a 10/02/2015 facility document addressed to the Certified Nursing Assistant that read “you are put on suspension pending investigation into a report of noncompliance with [Kindred Transitional Care and Rehabilitation – Valley Gardens’] standards of conduct/allegation of abuse which reportedly occurred on or about 10/02/2015. Our investigation substantiated these allegations in your appointment with [the facility] is being terminated.”

Our Stockton nursing home abuse attorneys recognize that the nursing staff’s abusive behavior violates both state and federal nursing home regulations. In addition, the deficient practice of the nursing staff at Kindred Transitional Care and Rehabilitation Valley Gardens failed to follow their own 07/28/2014 policy titled: Abuse that reads in part:

“POLICY: Verbal, sexual, physical [and] mental abuse are strictly prohibited. RATIONALE: patients have the right to be free of verbal, sexual, physical and mental abuse.”

AVALON HEALTH CARE – SAN ANDREAS
900 Mountain Ranch Road
San Andreas, California 95249
(209) 754-3823

A “For-Profit” 99-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 stars rating

Primary Concerns –

Failure to Provide a Level of Care to Every Resident That Keeps or Builds Their Dignity and Respect of Individuality

In a summary statement of deficiencies dated 03/18/2015, a complaint investigation was opened against the facility for its failure to “ensure staff treated [a resident at the facility] with dignity when the staff member scolded the resident.” This deficient practice by the nursing staff at Avalon Health Care – San Andreas “had the potential to adversely affect [the resident’s] psychosocial well-being.”

The same surveyor conducting the investigation reviewed a resident’s Admission Record indicating “she resided at the facility for several years.” The resident’s 03/11/2015 clinical record revealed a nurse’s note documenting that a “Certified Nursing Assistant [CNA] have reported to the nurse that she witnessed [another Certified Nursing Assistant] slap the resident on the arm when care was provided at 9:00 PM.

As part of the complaint, the investigator noted the 03/12/2015 Facility’s Verification of Investigation report that included a 03/12/2015 documented interview with the Certified Nursing Assistant allegedly involved in an abusive incident. The Certified Nursing Assistant reported that the resident “had struck [the other Certified Nursing Assistant, when the allegedly abusive Certified Nursing Assistant] tapped the resident on the arm and told her [the resident] ‘don’t do that’. This was an attempt to get [the resident] not to hurt [the other Certified Nursing Assistant].”

A 2:55 PM 03/18/2015 interview was conducted by the state investigator with the Certified Nursing Assistant who witnessed the alleged assault indicating that the other CNA had slapped the resident after the resident slapped [one of the Certified Nursing Assistants]. The interviewed Certified Nursing Assistant reported that “she felt it was not appropriate when she left the room she told the Charge Nurse what she saw […and] reported it appeared [the allegedly abusive Certified Nursing Assistant] struck the resident with about the same force used by her and it sounded loud, but did not feel painful.”

The investigation revealed an undated document titled Summary and Outcome of Investigation Findings noting that “the facility determined [that the allegedly abusive Certified Nursing Assistant] treated [the resident] in an undignified manner and [that Certified Nursing Assistant] was terminated as a result of her actions.”

The state investigator conducted a 3:15 PM 03/18/2015 interview with the facility’s administrator who reported “at the conclusion of his investigation he could not substantiate abuse had occurred, however, [the allegedly abusive Certified Nursing Assistant] had not treated the resident with dignity and was terminated as a result of her actions.”

Our San Andreas nursing home abuse attorneys recognize the failing to follow protocols to ensure that every resident receives the highest level of care that keeps or builds their dignity and respect of individuality could cause potential harm or physical pain to the resident. The deficient practice of the nursing staff at Avalon Health Care – San Andreas failed to follow the established procedures and protocols adopted by the facility and violates both state and federal nursing home regulations.

KIT CARSON NURSING & REHABILITATION CENTER
811 Court Street
Jackson, California 95642
(209) 223-2231

A “For-Profit” 199-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 an Avoidable Accident from Occurring

In a summary statement of deficiencies dated 06/22/2015, a complaint investigation was opened against the facility for its failure to “ensure [the resident at the facility] was transferred safely in a mechanical lift and with adequate supervision.” The deficient practice by the nursing staff at Kit Carson Nursing and Rehabilitation Center “caused the resident to fall and suffer traumatic injury and pain.”

The state investigator conducting an investigation in the complaint reviewed the resident’s records indicated that the resident was dependent on staff for positioning and transfers […and] was nonverbal.” In addition, the resident’s 9:30 AM 05/10/2015 progress note revealed that “a nurse was summoned to [the resident’ is] room and found the resident lying on the floor, next to her bed with her legs drawn up and her head in the Certified Nursing Assistant’s (CNA’s) lap. The CNA stated the resident had fallen while being transferred from her bed to her wheelchair […and that the resident] had multiple skin abrasions the left side of her face and was up on assessment of her right lower extremity, she screamed in pain.”

Notations made in the resident’s progress note at 10:10 AM indicate that the resident “was transferred to the General Acute Care Hospital for evaluation.” By 12:30 PM “return to the facility. X-rays of her hits were negative and she was placed in bed with no complaints of pain.” However, the note revealed that the resident was prescribed a narcotic pain relieving medication “for pain if needed.”

There were also documentations after the incident including the 05/10/2015 After Care Instruction Sheet completed at the hospital indicating that the resident “had been seen in the emergency room. The After Care Instruction sheet contains basic instructions for hip pain. Follow-up was to be provided by the resident’s personal care physician.”

The state investigator reviewed the 05/11/2015 IDT (Interdisciplinary Team) Fall Investigation Form indicating that a facility’s Licensed Nurse “was summoned to the resident’s room by another resident.” In addition, the investigation form note revealed that the resident “was nonverbal and per CNA, she was transferring the resident from her bed to her wheelchair using a Maxi lift (mechanical lift where the resident sits in a sling, the sling is raised, and the resident is moved and lowered into a bed or chair). The lift strap slipped off the hook and the resident fell to the floor.”

Documentation made later that evening at 5:06 PM in the resident’s Progress Notes

revealed the resident’s skin condition indicating that the resident “had a left temple abrasion, left. Orbital (around the eye) abrasion, left nose abrasion, and an abrasion on the bridge of her nose. Treatment orders were received to cleanse the wound and apply antibiotic ointment daily. The documentation also reveals that the resident required medication due to facial grimacing and moaning occurring when repositioning on between 05/11/2015 and 05/13/2015 along with 05/16/2015.

The resident’s MAR (Medication Administration Record) reveals that the resident is to receive pain medication as needed. The document states that “on 05/14/2015 [the resident received pain medication] twice for general pain, and on 05/15/2015 once for grimaces when touched or will scream.” However, the state investigator noted that there “was no documentation in the clinical record of the resident’s physician was notified of the resident’s demonstrations of pain when she repositioned by staff during the period of 05/11/2015 through 05/16/2015.”

By 1:00 PM on 05/17/2015, the resident’s progress notes indicate that the resident “was found in her wheelchair with yellow appearing skin, cold clammy hands and unresponsive to calling her name. Her oxygen saturation level [or the amount of oxygen in the blood] was 70% [where a normal range is between 95% and 100%]. The nursing staff called 911 and the resident was returned to the hospital.

The resident’s History and Physical documentation dated on 05/17/2015 completed by the hospital indicated that “over the course of the week, the resident had been more anxious and acting different from her baseline […and] had swelling of her right knee and thigh […and] the resident’s right thigh and knee were defiantly swollen.”

The History and Physical paperwork also document “an x-ray of the right knee revealed a comminuted fracture of the distal femur with posterior displacement of the knee joint in relation to the proximal femur (fracture of the large bone above the knee, with the knee joint protruding outwards).” The paperwork also reveals that the resident’s “change in mental status was due to her persistent pain due to the knee fracture that had been undetected for the past week. There was blood in the knee joint [… that] was tested for infection.”

In addition, the documentation by the hospital indicates that the resident was diagnosed with SIRS (Systemic Inflammation Response Syndrome) which can “be incited by ischemia (lack of blood flow to the area), inflammation, trauma, infection or combination of several insults.”

State investigator conducted a 3:30 PM 06/04/2015 interview with the facility’s Director of Nursing who acknowledged that the resident “fell from the Maxi lift sling after the sling loop was improperly placed on the lift […and] it is the facility policy for two staff members to assist when transferring a resident using the Maxi lift.”

Our Jackson nursing home neglect attorneys recognize that any failure to follow procedures and protocols when transferring residents using lift devices has the potential of causing serious harm or life-threatening consequences to the resident. The deficient practice by the nursing staff at Kit Carson Nursing and Rehabilitation Center might be considered negligence or abuse because it violates federal and state nursing home regulations that resulted in severe injury to the resident that went undetected for over a week.

VINTAGE FAIRE NURSING & REHABILITATION CENTER
3620 B Dale Rd.
Modesto, California 95356
(209) 521-2094

A “For-Profit” 99-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 stars rating

Primary Concerns –

Failure to Provide Care and Services to Ensure That Every Resident’s Dignity and Respect of Individuality Is Maintained or Heightened

In a summary statement of deficiencies dated 07/31/2015, a complaint investigation was opened against the facility for its failure to “promote an environment to maintain and enhance each resident’s dignity and respect in full recognition of his or her individuality.”

The complaint investigation was initiated after multiple incidences occurred involving the nursing staff. One incident involved a resident who “was left on a bedpan for over an hour. In separate incidences, two residents at the facility “were instructed to go in the bed when requesting toileting assistance.”

At 3:15 PM on 07/27/2015 who stated that the resident “had been left on a bedpan multiple times for more than an hour.” The family member stated that “on 07/24/2015, it took staff 25 minutes to remove [the resident] from the bedpan after the call light had been pressed by [a family member, who also stated that] on 07/25/2015, it took staff over an hour to remove [the resident] from a bedpan after the call light was pressed.” The family member indicated that the resident “called her crying because staff would not assist her with the bedpan.”

The investigator conducted a concurrent observation and staff interview at 3:27 PM on 07/27/2015 with a facility Licensed Nurse providing care to the resident. The Licensed Nurse stated that the two family members “did notify administration regarding issues with toileting and staff answering lights for [that resident].”

A subsequent interview was conducted 11:40 AM the following day when the resident stated “staff placed her on a bedpan and did not return for least an hour [… stating] that she pressed the call light multiple times for assistance […and] she gets anxiety and feels terrible and staff do not answer call for help.”

The state investigator conducted an observation and family interview at 3:15 PM on 07/27/2015 where the family member stated “after waiting 45 minutes for a call like to be answered, a Licensed Nurse on the evening shift told [the family member], it was okay for [the resident] to go in the bed.” However, the family member stated “staff did not come into the room to assist [the resident] out of the bedpan […and the resident] had a loose bowel movement in the bed.”

As a part of the resident interview the following day at 11:40 AM, the resident revealed that “a Certified Nursing Assistant (CNA) told her she was too busy to assist her with the bedpan [… stating] the CNA told her, she could just go in the bed.” The resident stated “she informed the CNA that she had diarrhea and did not want to use the bathroom in the bed [… stating] the CNA did not assist her with the bedpan […and] had a bowel movement in the bed.” The resident told the surveyor “it made her feel real bad to have a bowel movement in the bed.”

Our Modesto nursing home abuse attorneys recognize that stripping a resident’s dignity and respect of individuality can cause mental harm and emotional pain. The deficient practice by the nursing staff at Vintage Faire Nursing and Rehabilitation Center might be considered negligence, mistreatment or abuse. In addition, the nurses’ actions failed to follow the facility’s form titled: Resident’s Rights that reads in part:

“Right to Proper Treatment and Care: Make personal choices to accommodate their needs. Dignity is a concept to signify that a being has an innate right to be valued and receive ethical treatment. Respect is a positive feeling of esteem, thoughtfulness and consideration. All residents are entitled to dignified, respectful care and treatment. Answer call lights promptly and address resident needs.”

GRACE HOME
13435 West Peach Avenue
Livingston, California 95334
(209) 394-2440

A “Not for Profit” 33-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 stars rating

Primary Concerns –

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

In a summary statement of deficiencies dated 07/14/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “implement their policy and procedure on abuse of prevention.”

The deficient practice was noted by state investigator that unacceptable practices by the facility “exposed residents to care provided by unqualified staff responsible for providing care with the potential history of abuse, neglect, mistreatment and misappropriation of a resident’s property.”

The state investigator noted that upon review of an employee’s file that one Certified Nursing Assistant “had no documented evidence [that] a background screening had been done.” During review of two other employee files, the Director of Nursing and another CNA (Certified Nursing Assistant) at Grace Home “had no documentation of license or certification verification prior to employment with the facility.

A concurrent interview and file review was performed at 10:30 AM on 12/11/2014 with the Director of Staff Development who stated that “the pre-employment background screening for [one of the Certified Nursing Assistants at the facility] was not done.” The Director of Staff Development “confirmed there was no documentation in [that CNA’s] employee file that indicated a pre-employment screening was done prior to [their] hire date of 07/23/2014.”

Even though the facility Administrator stated “he would provide a pre-employment screening document when interviewed on 12/11/2014 at 11:30 AM, “the Administrator failed to provide documentation of pre-employment screening as requested.”

The state surveyor observed at 10:50 AM on 12/08/2014 that the Director of Nursing “was wearing an identification badge which indicated his name and RN Director of Nursing.” Later that afternoon, the Administrator was interviewed and revealed, “I may as well tell you right now [the Director of Nursing] doesn’t have his license but he should be getting it any day now. He has an RN Registered Nurse license from Kansas but he hasn’t got his California license yet.” The Administrator revealed to the surveyor that the Director of Nursing “began work here on 08/04/2014.”

One hour later during an interview, the Director of Nursing stated “I understand that without a license in the state of California, I should not practice as a full RN. I had a discussion with the Board (Board of Directors) and the Administrator and they wanted me to get working in the Director of Nursing role.” The Director of Nursing stated that “he started work in the facility (as the Director of Nursing in) August 2014.

The Director of Staff Development verified during an interview at 10:30 AM on 12/11/2014 that the Director of Nursing’s Registered Nurse license was not verified and that the nurse had begun working at the facility in on 08/04/2014.

In a separate failure by the facility, the state investigator reviewed a CNA’s employee file revealing that that Certified Nursing Assistant “had been hired on 07/23/2014. On 12/15/2014, at 4:15 PM, during an interview, [that CNA] stated they (Administrator and Director of Staff Development) knew I didn’t have a California CNA certificate upon hire.”

Our Livingston nursing home abuse attorneys recognize the failing to develop, implement and enforce policies to ensure that residents are free of abuse, mistreatment or neglect has the potential of causing serious harm or injury to every resident at the facility. The deficient practice by the Administration and Director of Staff Development placed the health and well-being of every resident in immediate jeopardy. The failure to perform adequate background checks and hire qualified staff did not follow the facility’s policy and procedure titled: Hiring Policy that reads in part:

“Licensed or certified potential employees will be screened through appropriate licensing boards and registries.”

“A criminal background check will be done on all potential employees”

PURPOSE: to ensure that resident’s rights are protected by providing a method for the prevention of any type of resident abuse. PROCEDURE: All staff will be screened for criminal background check.”

Protecting Your Loved One’s Rights

Every California nursing home resident is provided rights including the right to live in an environment free of neglect and abuse and be afforded care by qualified nurses and doctors at a level that meets all federal and state requirements. Protecting the rights of a nursing home resident is often crucial to their quality of life. In many incidences, the nursing home resident is already physically fragile and mentally challenged where any injury or infection could cause a rapid decline in their health and well-being.

The rights of your loved one living in a nursing facility includes:

  • The right to respect and to be treated with dignity and compassion;
  • The right to privacy with access to personal property and belongings so long as the resident’s rights do not interfere with the rights, safety or health of others;
  • the right to access medical care including being informed about their medical condition, their doctors opinions, prescription medications and the ability to see their doctor when necessary; and
  • The right to refuse any treatment or medication;

Often times, indicators that the loved one is being abused or neglected is not easily detected. In many situations, the nursing staff will go to great lengths to conceal an injury from other nurses, doctors, family members and friends. Because of that, it is essential to be a vigilant advocate and look for any noticeable red flags that could be an indicator of elder neglect or abuse. Some of these indicators involve:

  • Physical assault and sexual abuse
  • Unexplained broken bones and bruises
  • Verbal/mental abuse
  • Hazardous conditions and dangerous areas that could lead to a preventable accident
  • Dehydration and malnutrition
  • Subdermal hematomas caused by falls
  • Injuries caused by falling or transfers to and from bed
  • Drug errors including providing the resident medication not prescribed by their physician
  • A lack of access to proper medical care
  • Rapid weight loss or weight gain
  • Significant infections including osteomyelitis (bone infection) and sepsis (blood infection)
  • A failure to monitor a resident’s condition adequately
  • A delay in treatment caused by negligent failure to alert the resident’s medical physician of a change in their condition
  • Facility acquired bedsores
  • Unnecessary restraints or virtual imprisonment
  • Wrongful death

When nursing home abuse or neglect is suspected, it is crucial to accurately document and report the event to the proper authorities. In many cases, family members will hire a skilled personal injury attorney who specializes in nursing home abuse cases. Having legal representation will provide aggressive, proactive action to ensure that the loved one’s rights are protected and that immediate medical attention is provided either at bedside, or after transferring to another location that provides better care.

Hiring an Attorney

The Stockton nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC understand there is no justification that a loved one is victimized by nursing home abuse or neglect. Our legal team of competent elder abuse lawyers have fought for the rights of nursing home residents and have provided extensive representation of California nursing home residents. We understand that as a victim of mistreatment, you and your family are likely entitled to seek financial recompense for all personal damages including:

  • Damages for mental anguish, emotional distress, pain and suffering
  • All medical bills incurred
  • Wrongful death and funeral expenses

We encourage you to make contact with our California area elder abuse law office today by calling (800) 926-7565 to schedule your no obligation, free full case review. We accept all nursing home neglect, mistreatment and abuse cases through contingency fee arrangements. This means we provide you and your family immediate legal representation, advice and counsel without any upfront payment. Our legal services are paid only after we negotiate your acceptable out of court settlement or win your lawsuit case in front of a judge and jury.

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.

Client Reviews
★★★★★
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
★★★★★
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