While there is a public perception that nursing homes may face an inordinate amount of litigation brought by the families of senior, these lawsuits stem from harm that has been suffered by nursing home residents. Nursing homes often cut back on staff and care to increase their profits, but the courts are there to hold them accountable. To take your case to court, contact the attorneys at the Nursing Home Law Center.
This nursing home is a 200 bed for-profit facility that offers short and long-stay care to residents of the Los Angeles area. The Medicare/Medicaid approved facility is located at:
1316 N Vermont Ave
Los Angeles, CA 90029
(323) 660-5625
In addition to the federal law and regulations, nursing homes in California are also subject to a variety of state regulations. The state regulated details of nursing home care both big and small. One of the areas where California has been active is in setting minimum requirements for the amount of care in the facility. The state also fields complaints filed by residents and their families and frequently sends investigators to the nursing home in order to examine the circumstances behind the complaint. Depending on the result, the nursing home may face a fine of other regulatory actions.
Vermont Healthcare failed to meet California requirements for the minimum amount of staff at the facility. The state requires that there are at least 3.2 hours of nursing staff time per day per resident. Nursing homes that fail to meet the standard will be fined. In addition, many nursing homes in the state that are allegedly overstaffed have faced class action lawsuits. Here, there were two days in the evaluation period where Vermont Healthcare failed to have enough staff on hand. On the federal inspection report, the facility reported RN time that was far below the national average. RN care is critical since they are the most skilled nurses, and sound medical care often depends on them.
Vermont Healthcare has also received several other California fines in the past three years, although many of them have been smaller penalties. One of the major fines received was for an incident where a resident fell during a transfer and sustained an ankle fracture that required surgery and a week in the hospital. The staff was supposed to use extra care during transfers since the resident was suffered from osteoporosis. Staff had attempted to perform the transfer manually since the battery was charging on a lift device and the resident fell.
The facility has also received a fine in 2019 for failure to report an allegation of abuse. A male resident alleged that male staff members inappropriately touched his rectal area. While the resident had severe cognitive deficiencies and staff believed that the allegations were not credible, the allegation must be reported to the state within 24 hours regardless and no report was made.
Vermont Healthcare has been the subject of numerous complaints in the past several years. 11 of them have resulted in a citation from the federal government. While this is a large facility with more residents than most, the rate of complaints to the state far exceeds the California average.
The most recent federal inspection report contained 17 health citations. Vermont Healthcare was found to be inappropriately using restraints on one resident. The resident was not able to release the lap seatbelt on their own, resulting in a situation where the resident was restrained more than necessary, placing them at risk for physical and mental decline.
Vermont Healthcare also failed to put into place the appropriate care programs to prevent several residents from developing pressure ulcers. Care in this area is multi-faceted and includes continuously shifting the resident’s position. In addition, pressure ulcers are also a function of weakened skin, which is impacted by a lack of nutrition and hydration. Oftentimes, dehydration and pressure ulcers will be found together in seniors. There was also another incident noted in the inspection report that resulted from a lack of the proper supervision. A resident sustained a cut while shaving after experiencing hand tremors. This resident should have been more closely watched when handling a razor blade. Another resident who was a risk for falls did not receive the proper monitoring of when they were trying to rise from their wheelchair and suffered an injury when they fell.
When a nursing home fails to exercise the proper supervision of your loved one, they can be held legally responsible when there is an injury that results. The facility owes your loved one the duty to exercise due care to prevent injuries. While not every single nursing home injury is grounds for a lawsuit, there is a legal cause of action if it was something that could have been prevented or mitigated with closer monitoring. When you need an attorney to help you deal with a nursing home, the Nursing Home Law Center should be your go-to choice to put legal pressure on the facility that did not uphold the duty that they owed your loved one. Contact or call them today at (800) 926-7565 to schedule your free no-risk case assessment.
Attorney Anthony Lanzone
Licensed in California
Chicago Nursing Home Injury Lawyer Nursing Home Law Center LLC Home