legal resources necessary to hold negligent facilities accountable.
Westgate Gardens Care Center Abuse and Neglect Lawyers
Nursing homes have the highest obligation to provide your loved one with the best possible care. However, the law merely requires adequate care, but many nursing home cannot even live up to that.
The Nursing Home Law Center is here to help you and your family if they have not received the care that they need. We can help you file a claim that could lead to you family receiving financial compensation and can send a message to the nursing home to improve its level of care.Westgate Gardens Care Center
This nursing home is a 140 bed for-profit facility that offers short and long-stay care to residents of the Viaslia area. The Medicare/Medicaid approved facility is located at:
4525 Tulare Avenue
Visalia, CA 93277
Westgate Gardens Care Center
The Code of Federal Regulations contains the care requirements for nursing homes that are in the Medicare and Medicaid programs. Beyond that, there is California state law and the California Code of Regulations that impose additional legal requirements on nursing homes. California’s nursing home rules are more detailed and prescriptive than the requirements in many other states and the Department of Public Health does not hesitate to enforce its laws with fines and other punishments for nursing homes. At the same time, the findings of the inspection reports can serve as a guide for families who want to make a decision about where to entrust their loved one’s health and well-being.
Westgate Gardens Care Center has experienced a sharp uptick in the number of complaints in the past several years. While the facility has not been fined the federal or state government for any violations, the specifics of these deficiencies are concerning.
In April 2019, the facility received a citation as a result of a complaint inspection. The inspectors the facility failed to follow their policy and procedure on investigating incidents of theft or misplacement of residents' property. Several residents had reported that articles of clothing were missing. However, the facility did not have any documentation that residents had reported this issue.
In addition, the facility did not promptly respond to residents’ requests for help when they rang their call buttons, leaving many of them soiled and in pain. When this issue was raised by the inspectors, several CNAs responded that the facility was understaffed. While California does have rules that dictate minimum staffing ratios for nursing homes, this particular home does not have adequate staff at the RN level. The facility only has 11 minutes per day per resident of RN time, which is roughly a quarter of the national average. Nursing homes that do not have adequate staff endanger the lives of residents by leaving them more vulnerable to infections and pressure ulcers. While California law mandates certain minimum staffing levels, it does not necessarily dictate that the staffing be at the RN level. The nursing home is also understaffed at the physical therapist level. This contributes to the fact that nearly a quarter of the residents experience a worsening in their ability to move independently. In fact, the facility was cited for its failure to provide the necessary rehabilitation care and services for residents.
The lack of RNs also results in medical care deficiencies for the residents. In the November 2017 inspection report, the nursing home was cited for failure to follow physician’s orders for three residents. Bloodwork was not taken when it was supposed to, nor were medications administered as necessary. Further, the nursing home was cited several times for maintaining a dirty facility. On one occasion, bedbugs were found in a resident’s bed, but the family was not notified of this.
In 2018, Westgate Gardens was the subject of 82 complaints that were filed with the California Department of Health. While not every complaint automatically involved wrongdoing on the part of the nursing home, this is still an alarming number. To put it in perspective, the facility census is roughly 130 residents, which means that there were nearly two complaints for every three residents. The facility is one nearly the same pace for resident complaints in 2019. In addition, there have been 15 complaint citations issued by the federal government in the past three years. While no fines have been issued, the inspections reports detail a lack of consistent care at the facility that results from inadequate staff.Was Your Loved One Injured at Westgate Gardens? Get Legal Help Now
If your loved one has experienced conditions like these and had suffered any type of harm, your family needs a lawyer who knows how to deal with nursing homes like these. These facilities have skilled lawyers at their disposal, but they need to be made to understand that there are consequences for not providing the level of care necessary to ensure the health and wellness of their residents. Contact us, the attorneys at the Nursing Home Law Center can provide your family with skilled and aggressive legal representation that can help your family receive financial compensation and send a message to the nursing home that this level of care is unacceptable. Call us today at (800) 926-7565 to schedule your free no-risk case consultation and find out how we can help you.Sources