legal resources necessary to hold negligent facilities accountable.
Sumter East Health and Rehabilitation Center, Sumter, South Carolina
Finding the best nursing home in the local community to be one of the most challenging problems that a family can face when needing caregivers to provide the highest level of services to a loved one. Unfortunately, neglect and abuse have become severe problems in caregiving facilities across America. In many cases, the family is unaware that their loved one is being mistreated until a dangerous issue arises. The South Carolina Nursing Home Law Center Attorneys have represented many victims of neglect and abuse in Sumter County and can help your family too.Sumter East Health and Rehabilitation Center
This Facility is a "for-profit" Center providing services to residents of Sumter and Sumter County, South Carolina. The 176-certified bed Long-Term Care Home is located at:
880 Carolina Avenue
Sumter, SC 29150
In addition to providing skilled nursing care, Sumter East Health and Rehab also offers long-term care, dementia care, memory care, and rehabilitation services.Financial Penalties and Violations
Federal government nursing home regulatory agencies have the legal authority to penalize any nursing home with a denied payment for Medicare services or monetary fine when the facility has been cited for serious violations of regulations and rules. Within the last three years, investigators have fined Sumter East Health and Rehabilitation Center twice including a $7,125 fine on May 6, 2017, and $8,590 fine on January 31, 2018. Additional documentation about penalties and fines can be found on the South Carolina Department of Health and Environmental Control Website concerning this nursing home.Sumter South Carolina Nursing Home Residents Safety Concerns
Comprehensive research results can be reviewed on the Medicare.gov nursing home database that details all safety concerns, health violations, opened investigations, filed complaints, dangerous hazards, and incident inquiries. Many families use this information to determine the level of medical, health and hygiene care LTC facilities in the local community provide their residents.
According to Medicare, the facility maintains an overall rating of one out of five stars, including one out of five stars concerning health inspections, three out of five stars for staffing issues and four out of five stars for quality measures. The Sumter County neglect lawyers at Nursing Home Law Center have found various deficiencies, violations and safety concerns at Sumter East Health and Rehabilitation Center including:
- Failure to Protect Every Resident from All Forms of Abuse Including Physical and Mental Abuse, Sexual Assault, Physical Punishment and Neglect by Anybody
In a summary statement of deficiencies dated January 31, 2018, a notation was made by a state surveyor involving the facility's failure to "ensure each resident remained free from neglect." The deficient practice by the nursing staff involved one resident who "was noted to receive a laceration will be transferred by a [Certified Nursing Assistant (CNA). The CNA] did not use the appropriate transfer method while transferring [the resident] at the time the laceration occurred." The surveyor noted that the facility instead reported "an injury of an unknown source to the State agency for [the resident] on November 29, 2017."
Further review of the facility Five Day Follow-up Report dated December 4, 2017, revealed that the resident "was being transferred from the wheelchair to the bed for care. The resident's left leg caught on the bracket of the wheelchair leg rest, causing a laceration." The nursing staff sent the resident to the "emergency room for evaluation and treatment" of a laceration that measured approximately 2.0 cm x 0.5 cm."
The investigator interviewed the facility Director of Nurses on January 31, 2018, who stated that they "completed a report and investigation for [the resident] because it was a significant injury. They checked the Kardex, and the care plan to make sure they matched and [the resident's] did match." The Director confirmed that the resident was "a two-person pivot transfer at the time of the incident." The CNA "had coaching and [the CNA] was re-educated on the Kardex and looking at the Kardex to safely transfer a resident." The investigator reviewed the facility policy titled: Abuse and Neglect Prohibition that reads in part:
"Each resident has the right to be free from neglect. Neglect is defined as a failure to provide goods and services to a resident that are necessary to avoid physical harm, pain, mental anguish, or emotional distress."
- Failure to Develop, Implement and Enforce Policies and Procedures That Prevent Abuse and Neglect
In a summary statement of deficiencies dated January 31, 2018, the state investigators documented that the facility had failed to "develop and implement written policies and procedures that prohibit and prevent abuse/neglect." The deficient practice involved a resident noted above that "received a laceration while being transferred by a Certified Nursing Assistant (CNA)." The CNA had not used "the appropriate transfer method while transferring [the resident] at the time the laceration occurred. The incident was an allegation of neglect and [the CNA] was not suspended during the investigation" as required by established state and federal nursing home regulations.
- Failure to Respond Appropriately to All Alleged Violations
In a summary statement of deficiencies dated January 31, 2018, a state investigator noted the facility's failure to "prevent further potential abuse/neglect while an investigation was in progress." The deficient practice involved a resident who "was noted to receive a laceration will be transferred by a Certified Nursing Assistant (CNA), [who] did not use the appropriate transfer method while transferring [the resident] at the time the laceration occurred." The investigator noted the violation involved the CNA who "continued to work the rest of [their] shift on the day of the incident and was not suspended during the investigation." Instead, the facility "reported an injury of an unknown source to the State Agency."
- Failure to Ensure Every Resident Is Provided an Environment Free of Accident Hazards and Provided Adequate Supervision to Prevent Accidents
In a summary statement of deficiencies dated January 31, 2018, a notation was made by a state investigator concerning the facility's failure to "ensure each resident received adequate supervision and assistance devices to prevent accidents." The deficient practice involved a resident noted above who "received a laceration after being transferred by Certified Nursing Assistant (CNA)."
The state investigator interviewed the facility Director of Nurses who stated that Certified Nursing Assistants "can decide if they need to use a lift or the nurse may make a call and let the CNAs know to use a lift. The Nursing Monthly Summary is completed by the nurse assigned to the resident and the Director of Nurses was not sure what their thought process was for assessing [the resident] as a one person assist for transfers status." The Director said that "the nurse should have assessed the resident as a two-person assist since that is what was on the care plan."
- Failure to Implement Gradual Dose Reductions and Non-Pharmacological Interventions When Using Psychotropic Medications
In a summary statement of deficiencies dated January 31, 2018, a state surveyor documented the facility's failure to "ensure the residents who use psychotropic medications receive gradual dose reductions, unless clinically contraindicated, [to] discontinue these drugs. The pharmacist recommended that the [resident's Care Plan] be reviewed for a gradual dose reduction on December 17, 2017. There had been no response to the recommendation of the surveyor at the facility [on January 30, 2018, through January 31, 2018]." The state investigator reviewed the facility's policy on antipsychotic medications that revealed in part:
"The facility will use psychotropic medication therapy only one clinically indicated to enhance the quality of life, while maximizing functional potential and well-being of the resident. Gradually reductions of [the] medications and behavioral and non-pharmacological interventions or attempted, unless clinically contraindicated, [to] discontinue the medications, if appropriate.…"
These medications include antipsychotic, antidepressant, antianxiety, and sedative/hypnotic drugs.
- Failure to Educate the Staff on Dementia Care on Abuse, Neglect and Exploitation and How to Report Abuse, Neglect, and Exploitation
In a summary statement of deficiencies dated January 31, 2018, a state surveyor noted the facility's failure to "provide training to the staff that at a minimum educate staff on activities that constitute abuse, neglect, exploitation, and misappropriation of resident property." The deficient practice by the administration involved one Certified Nursing Assistant (CNA) who "was noted not to receive yearly education on abuse and neglect." The facility "was unable to provide documentation that [the CNA] received in-service training on abuse/neglect from October 1, 2015, until November 30, 2017."
The Administrator stated during an interview that the Certified Nursing Assistant had received "in-service training on abuse/neglect on October 1, 2015, and again on November 30, 2017. However, "they could find no additional in-service documentation for [that CNA]."
- Failure to Immediately Notify a Resident, the Resident's Doctor or Family Member of a Change in the Resident's Condition Including a Decline in Their Health or Injury
In a summary statement of deficiencies dated May 6, 2017, a state investigator noted the nursing home's failure to "immediately inform the resident's physician when there was a significant change in the resident's physical status." The deficient practice involved one resident at the facility who "was noted with complaints of pain and [their] arm was observed to be red and swollen on December 18, 2016." The resident's physician and responsible party "were not notified until December 19, 2016."
The state investigator interviewed the facility Assistant Director of Nurses who reviewed the resident's nurse's notes and "confirmed there is no documentation related to the resident's arm on December 18, 2016." The Assistant Director said that the Licensed Practical Nurse (LPN) providing the resident care "should have notified the physician at the time the arm was noted to be red and swollen." The investigator reviewed the facility's policy titled: Changes in Resident Condition that read in part:
"The attending physician and resident's legal representative are notified when changes in the resident's condition occur."
The investigator stated that "the policy indicated proper notification is required when there is a significant change in the resident's physical status."
- Failure to Ensure Residents Remain Free of Physical Restraints Unless Needed for Medical Treatment
In a summary statement of deficiencies dated May 6, 2017, the state agency surveyor documented the nursing home's failure to "ensure each resident remained free from physical restraints imposed [for] convenience, and not required to treat the resident's medical conditions." The deficient practice by the nursing staff involved a resident who was noted to have been restrained in their "wheelchair with a gait belt."
The incident involved an allegation of physical abuse on September 17, 2016. During the investigation including a review of the Five Day Follow Up Report dated September 21, 2016, it was revealed that "a nurse was walking to the unit on September 16, 2016 [when a resident] asked the nurse if [they] had a pair of scissors. The nurse asked the resident what [they] needed the scissors for." The resident responded that the scissors were "'to cut this thing off of me'. The nurse examined the chair and noticed the gate belt around the resident. The nurse called the Assistant Director of Nurses to report."
Both the Director of Nurses and the Assistant Director of Nurses arrived "at the facility around midnight" when the resident "was in bed." A Certified Nursing Assistant (CNA) providing the resident care during the 11 to 7 shift had taken the resident to the room and "noticed the gate belt around [the resident]." The CNA removed the gait belt and asked the Licensed Practical Nurse (LPN) if they "knew anything about the situation." The LPN replied that another CNA "must to put it on [the resident]." The state investigator reviewed the facility's policy titled: Abuse and Neglect Prohibition Policy that reads in part:
"Each resident has the right to be free from mistreatment, neglect, abuse, exploitation, involuntary seclusion, corporal punishment, physical or chemical restraint not required to treat the resident's medical symptoms, injury of unknown origin, and misappropriation of resident property."
- Failure to Write and Use Policies and Forbid the Theft of Residents' Property
In a summary statement of deficiencies dated May 6, 2017, the state investigator documented the facility's failure to "maintain resident funds in a way that prevented misappropriation of residents' money." The deficient practice involved seven residents who "were identified by the facility with discrepancies in their resident funds."
However, the investigator requested statements, audits, police reports and termination paperwork of the alleged perpetrator." The facility made a police report available. However, there was "no statement from the alleged perpetrator or termination papers." Documentation shows that the "police responded to the facility [about] a Breach of Trust". The report stated the "Business Office Manager stated the alleged perpetrator was stealing money out of several resident's accounts." Allegedly, the perpetrator "had worked in the business office, or financial transactions deal with payments." Numerous residents began complaining "about unpaid items and not receiving the right amount of cash as was stated on the receipts." It was determined through an internal investigation that "an estimated amount of $845 in cash [was] stolen."
If you have suspicions that your loved one was injured or harmed while living at Sumter East Health and Rehabilitation Center, contact South Carolina nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565. Our law firm fights aggressively on behalf of Sumter County victims of mistreatment who reside in long-term facilities including nursing homes in Sumter. Our knowledgeable attorneys can offer legal help on your behalf to ensure your claim for financial compensation is successfully resolved against every party that caused your loved one harm. Contact us now to schedule a free case evaluation to discuss how to obtain justice and resolve a financial compensation claim. Let us fight aggressively on your behalf to ensure your rights are protected.
Our attorneys accept all nursing home cases involving personal injury, abuse, and wrongful death through a contingency fee agreement. This arrangement postpones your requirement to pay for legal services until after we have resolved your case through a negotiated out of court settlement or jury trial award. We offer each client a "No Win/No-Fee" Guarantee, meaning all fees are waived if we cannot obtain compensation to recover your damages. We can begin representing you in your case today to ensure you receive adequate compensation for your losses. All information you share with our law offices will remain confidential.