Many families are often overwhelmed when it is time to place a loved one in a nursing home and transfer the care they have been providing over to medical professionals. Some family members feel comforted in knowing that their loved one is receiving the highest level of professional care in a compassionate, safe environment. Unfortunately, abuse and neglect are rampant in nursing homes across the United States, including in New Mexico.
If your loved one was injured by caregivers or other residents while living in a Hidalgo County nursing facility, the New Mexico Nursing Home Law Center attorneys can help. Our team of lawyers have represented many victims of nursing home assault and mistreatment and can help your family too. Let us begin working on your case today to ensure you receive financial compensation to recover your losses. We can take immediate action against those responsible for causing your loved one harm to ensure that they are held legally accountable.
This Medicare/Medicaid-participating nursing facility is a "for-profit" home providing services to residents of Lordsburg and Hidalgo County, New Mexico. The 67-certified bed long-term care center is located at:
603 Hadeco
Lordsburg, New Mexico, 88045
(575) 542-3539
In addition to providing around-the-clock skilled nursing care, Sunshine Haven at Lordsburg also offers:
Federal investigators can penalize nursing facilities with monetary fines and deny payment for Medicare when the nursing home is cited for serious violations of rules and regulations. Over the last thirty-six months, investigators imposed a substantial monetary penalty against Sunshine Haven at Lordsburg on November 17, 2016, for $44,990.
At the same time, Medicare denied payment for services rendered on November 17, 2016. Additional documentation about fines and penalties can be found on the New Mexico Department of Health Nursing Home Reporting Website involving this nursing facility.
Our attorneys review data on every long-term and intermediate care facility in New Mexico. Families can obtain the same publically-available information by visiting numerous state and federal government databases including the NM Department of Public Health website and Medicare.gov. This information is a valuable tool to use when choosing the best location to place a loved one who needs the highest level of services and care in a safe environment.
According to Medicare, this facility maintains an overall rating of one out of five stars, including one out of five stars involving health inspections, three out of five stars for staffing issues and one out of five stars for quality measures. The Hidalgo County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Sunshine Haven at Lordsburg that include:
In a summary statement of deficiencies dated November 17, 2017, the state investigators noted that the facility had failed to "provide residents the right to voice grievances free from reprisal." The deficient practice by the nursing staff and Administrator involved one of four residents "sampled for abuse/neglect when [the resident] stated that a staff member was abusing him but did not want to share who the staff member was for fear of reprisal. This deficient practice could likely lead residents to remain in an environment where they are abuse and neglect because they cannot tell anyone."
The investigator findings included an interview conducted in the afternoon of November 13, 2017, when the resident was asked, "has staff, resident or anyone else here abused you [including] verbal, physical or sexual abuse?" The resident replied, "yes, and that he was afraid of retaliation because someone who works at the facility treats him very poorly. I know how things work here, they will find out and I do not want more trouble." The resident "was afraid that if he told the surveyor the name of the staff member that he would be punished."
The investigative team reviewed the facility Incident Log that "revealed no incidents were documented for [that resident]." As a part of the investigation, the surveyors interviewed the Administrator on the afternoon of November 14, 2017 and was asked: "if he was aware of any grievance from [that resident]." The Administrator replied, "No." The survey team reviewed the facility Abuse Prohibition Standards of Practice that read in part:
"Prohibition of abuse: Provide residents, staff, and family members information on how, when and to whom they report concerns, incident and grievances without fear of retaliation."
"Protection: Protect the staff, residents or family members from retaliation."
In a summary statement of deficiencies dated November 17, 2017, a notation was made by a state surveyor concerning the facility's failure to "keep residents free from neglect." The deficient practice by the nursing staff and administration involved three residents "sampled for abuse/neglect, when [a Certified Nursing Assistant (CNA)] was rough several times when providing care to [a resident]."
The surveyor's notes also documented that the nursing home "failed to provide care to [another resident], failed to provide showers to [a third resident], and would disappear during shift causing other CNAs to take his [assigned residents]. This deficient practice could likely result in a resident to have depression, anxiety, low self-esteem, as well as, higher rates of infection and further deterioration of health when goods and services are withheld from residents."
The state survey team interviewed one resident who stated that the CNA in question "was rough with her when he was giving care to her several times." Another resident's Complaint/Grievance Report dated November 3, 2017, revealed that the allegedly abusive CNA failed to give a resident a requested shower telling him "it was too late." The report revealed that "there was more than one resident who complained about [the CNA similarly].
In a summary statement of deficiencies dated November 17, 2017, the state investigator documented the facility's failure to "implement policies and procedures for abuse and neglect." The state investigators interviewed the Administrator concerning the deficient practices listed above involving a Certified Nursing Assistant who was abusive or neglectful of numerous residents. The Administrator "confirmed that he only had knowledge of the grievances of [two residents] had made against [the CNA]. He further confirmed there was no report sent to the State Agency" as required by law.
In a summary statement of deficiencies dated November 17, 2017, a state investigative team noted the nursing home's failure to "ensure their infection control program included a system for preventing, identifying, reporting, investigating, and controlling infections in the facility and had an annual review of their infection control plan." The Nursing Home also failed to develop and follow "proper infection control practices during a medication pass observation for [one resident] review for a medication pass."
This failure involved staff picking up a medication that the resident "had dropped from the floor, placed it on the work area on top of the medication cart and dispensed replacement medication without hand hygiene or disinfection of the work surface."
This deficient practice "could likely result in the lack of oversight and development of a plan to ensure they are following national standards and monitoring, identifying risk factors, investigating, and preventing the spread of infectious disease in the facility." This failure could "likely impact the thirty-seven residents identified on the Census report provided by the Administrator on November 13, 2017" and "cross-contamination of the medication cart that could result in increased risk for the spread of infectious disease that can result in illness, debility, and death."
In a summary statement of deficiencies dated November 17, 2017, the state investigators documented that the facility had failed to "uphold a resident's rights… by requiring her to eat in the dining room hall for one meal a day. If the residents' rights are withheld from them by staff, then staff are violating residents' rights to have a choice in how they wish to live their lives which could result in feelings of frustration, fear, humiliation, and depression."
The state investigators reviewed a resident's care plan dated January 8, 2018, that revealed: "Problem onset: Impaired communication as evidenced by [the resident's medical condition including a] loss of ability to understand or express speech, use of computer and number lettering system."
A review of the resident's email dated September 14, 2016, revealed that the resident "wrote to a family member" stating that when she is "in the dining room telling the girls (staff members) that she does not care how I feel, I am supposed to get up and eat in the dining room." A subsequent email sent to the family member on October 12, 2016 revealed that "I will gladly get up and use my wheelchair and eat in my room, but I will not go to the dining room, and if [that staff member] will not let me eat my room, then I will not eat."
The family member stated during an interview with the surveyors that the staff member "told her that the resident has to go to the dining room once a day to eat." The family member told the staff member that the resident "does not want to eat in the dining room and [the staff member] told her it does not matter, she has to go once a day." The family member stated that the resident "had no dinner on October 30, 2016, because she did not go to the dining room." The staff member told the family member that the resident "can move to another facility if [the family member] feels the resident is not getting adequate care."
The survey team asked the staff member about their "policy and procedure for eating in the dining room hall versus eating a room." The staff member said "You (the staff) encourage all residents to eat in the dining room. They have a choice to in the dining room or in the room. (Our concerns are) with swallowing issues. They must be observed by somebody if they have dysphagia (difficulty swallowing). They can eat in the room, too."
The surveyor asked about the resident who did not want to eat in the dining room. The staff member responded, "The problem with [that resident] is it becomes a very long process. It takes a long time." That resident "request other things and the feeding becomes forty-five minutes to one hour and becomes difficult for the staff." The investigators reviewed the facility Admission Packet that revealed, "Needs: You have the right to make choices about aspects of your life in the facility that are important to you."
If you believe your loved one was victimized by visitors, caregivers, employees or other residents while a resident at Sunshine Haven at Lordsburg, call the New Mexico nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565 now. Our network of attorneys fights aggressively on behalf of Hidalgo County victims of mistreatment living in long-term facilities including nursing homes in Lordsburg.
As your legal representative, our network of attorneys can provide numerous options to hold those responsible for causing your loved one harm legally and financially accountable. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim. We can begin working on your behalf to ensure your rights are protected.
We accept every case involving nursing home neglect, wrongful death, or personal injury through a contingency fee agreement. This arrangement postpones your need to make a payment for our legal services until after your case is successfully resolved through a negotiated out of court settlement or jury trial award. We offer all clients a "No Win/No-Fee" Guarantee. This promise ensures your family will owe us nothing if we cannot obtain compensation to recover your damages. Let our team start on your case today to ensure you receive adequate compensation. All information you share with our law offices will remain confidential.
Sources:
Carl R. Wilander, Esq.
Licensed in New Mexico
Chicago Nursing Home Injury Lawyer Nursing Home Law Center LLC Home