Are you overwhelmed at the thought that you need to place your loved one in a nursing facility to transfer their care over to medical professionals? Are you concerned that they may develop avoidable bedsores or suffer injuries from a preventable fall caused by substandard care?
The Kansas Nursing Home Law Center Attorneys have represented many families whose loved ones became victims of mistreatment, abuse or neglect at the hands of caregivers, employees or other patients. We are available today to discuss your case to ensure your family’s rights are protected. We will use the law to obtain financial compensation on your behalf and seek justice to hold those responsible legally accountable.
This nursing center is a "for profit" Medicare and Medicaid-participating facility providing services and cares to residents of Derby and Sedgwick County, Kansas. The 90-certified bed long-term care nursing home is located at:
445 N Westview Dr
Derby, Kansas 67037
(316) 788-3739
State surveyors and federal investigators can penalize nursing homes by denying payment for Medicare services or imposing monetary fines if the facility has been cited for a serious violation of a regulation.
Within the last three years, federal investigators imposed a monetary fine against Westview of Derby Nursing Center for $64,178 on March 24, 2016, citing substandard care. On March 24, 2016, Medicare denied payment to Derby Nursing Center for services rendered.
Additional documentation concerning penalties and fines can be reviewed on the Kansas Long-Term Care State Survey Reports.
Our attorneys obtain and review data on every Kansas long-term care home from various online publically available sources including the Department of Public Health website and Medicare.gov.
According to Medicare, this facility maintains an overall rating of one out of five stars, including two out of five stars concerning health inspections, one out of five stars for staffing issues and two out of five stars for quality measures.
According to state investigators, “the facility failed to prevent the sexual abuse of [one resident] when the facility knew of [the aggressive resident’s history and] prior sexual allegation from [a female resident].” The surveyors say that the facility “did not implement a Care Plan intervention to prevent another occurrence.”
Documentation shows that a resident “sexually abused a cognitively impaired resident who was unable to provide sexual consent and displayed withdrawn behaviors and fear after the allegation.” The sexually aggressive resident “requires limited assistance of one staff with walking in room and corridor, locomotion on the unit, and was independent with locomotion off the unit.”
The sexually aggressive resident “used a walker and wheelchair for mobility. The resident received daily antipsychotic, antianxiety, and antidepressant medications.” The facility investigation form documented on July 6, 2018, described “a sexual abuse allegation between [two residents].” The form indicated “an allegation of sexual abuse” that was witnessed secondhand.
In response to the investigation, the facility moved the sexually aggressive resident to another hall. The facility placed the sexually assaulted resident “on 30-minute visual checks. The facility made a report to the local police department.”
One female resident reported to a staff member that the sexually aggressive resident “came into her room and brought three gifts for which she was grateful. However, [the assaulting resident] later believed that [the sexually aggressive resident implied that the assaulting resident had to give the sexually aggressive resident] sex for the gifts.” The female resident stated that they were “uncomfortable with this.”
The nursing home “failed to perform Certified Nursing Assistant (CNA) Registry Checks [before employment] of one CNA. This failure had the potential to affect all residents residing in the facility.”
The survey team reviewed a Direct Care Staff Member Employee file that revealed the staff member “had a hire date of December 13, 2016 and had been hired as a Certified Nursing Assistant (CNA). The facility supplied a registry check dated December 19, 2016.”
During an interview with an administrative staff member, it was revealed that the prior individual who held their job “had been responsible for performing the registry check. He/she confirmed that there was no way to know if the registry had been checked for an active CNA license [before] the employee’s hire date.”
Do you believe that your loved one was the victim of abuse or neglect while living at Westview of Derby Nursing Center? Contact the Kansas nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565 for immediate legal intervention. We represent Sedgwick County victims of abuse and neglect in all areas including Derby.
We provide every potential client a free initial case consultation and offer a 100% “No Win/No-Fee” Guarantee. This promise means you will not pay us anything until after we have secured monetary recovery on your behalf.
Sources:
Attorney Ruben Krisztal
Licensed in Kansas
Chicago Nursing Home Injury Attorney Nursing Home Law Center LLC Home