The elderly, disabled, rehabilitating and infirm are often subjected to neglect or abuse in nursing facilities, leaving family members upset at the thought that caregivers and employees have mistreated them. Other times, the victim is injured through resident-to-resident abuse or sexual assault. If your loved one has been mistreated, the Tennessee Nursing Home Law Center attorneys can provide immediate legal intervention.
Our team of dedicated lawyers has assisted many Shelby County nursing home residents file and resolve their claim for compensation to ensure they receive monetary recovery for their damages. Also, we use the law to hold those responsible for the harm legally accountable. We can begin working on your claim today. Contact us now before the state statute of limitations expires concerning your case.
This long-term care (LTC) facility is an 88-certified bed center providing services to residents of Memphis and Shelby County, Tennessee. The "for profit" Medicare/Medicaid-participating home is located at:
1076 Chambliss Road
Memphis, Tennessee, 38116
(901) 396-8470
The federal government and the state of Tennessee routinely monitor every nursing facility to identify serious violations of established rules and regulations and levy monetary fines or deny payments through Medicare when problems are found. Typically, these violations result in penalties when investigators identify severe problems that harmed or could have harmed a resident.
Within the last three years, investigators imposed one massive monetary fine against Whitehaven Community Living Center on June 28, 2016, for $153,160. Also, that same day, Medicare denied payment for services rendered due to substandard care.
Over the last thirty-six months, the nursing home received six formally filed complaints and self-reported one serious problem that resulted in a citation. Additional information concerning fines and penalties can be found on the Tennessee Department of Health Nursing Home Reporting Website about this nursing facility.
Detailed information on each long-term care facility in the state can be obtained on government-run sites including the Medicare.gov and the Tennessee Department of Public Health website. These regulatory agencies routinely update their list of filed complaints, opened investigations, safety concerns, incident inquiries, health violations, and dangerous hazards on nursing homes statewide.
According to Medicare, this facility maintains an overall rating of one out of five stars, including one out of five stars concerning health inspections, one out of five stars for staffing issues and four out of five stars for quality measures. The Shelby County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Whitehaven Community Living Center that include:
In a summary statement of deficiencies dated September 8, 2017, a state investigator noted the nursing home's failure to “follow infection control practices to prevent the potential spread of infection during dining.” The investigators also said the facility “failed to provide proof of a health record for two of ten Licensed Practical Nurse (LPN) and Certified Nursing Assistant (CNA) personnel files that were reviewed.” The investigative team also reviewed the facility policy titled Handwashing that reads in part:
“All personnel shall wash their hands to prevent the spread of infection and disease to other residents, personell, and visitors. Before touching, preparing, or serving food.”
The investigators observed a resident’s room watching a CNA who “did not perform hand hygiene, removed a tray from the cart, set the tray on the overbed table, touched the straw tip with her bare hands, and placed it in the resident’s cup.”
The same CNA was observed in a different resident’s room a few minutes later while removing “a tray from the cart and failed to perform hand hygiene between residents.” The CNA then “placed the tray on the overbed table, picked up the urinal off the floor with the paper towel with her bare hands, place the urinal in a shared bathroom on the floor uncovered, removed a come and brush from the resident’s overbed table and place them in the resident drawer.” The CNA then “set the resident tray of touching the resident’s straw and silverware with her bare hands [while failing] to perform hand hygiene.”
Just a few minutes later, the same CNA “failed to perform hand hygiene between residents, set the resident’s tray on the overbed table, touched the crank on the bed to adjust the resident up in bed [before touching] the resident’s silverware and straw with their bare hands.” The CNA never performed “hand hygiene.”
The surveyors observed a resident’s shared bathroom on September 6, 2017, at 9:02 AM and saw “a dirty T-shirt, pants, a brief and uncovered urinal lying on the floor.” The investigative team interviewed the resident in the room and asked: “if the clothing in the bathroom belonged to him.” The resident responded, “they let my feeding run all on the floor and the bed. I pulled them off. I told them I was wet and needed to be changed.”
The surveyors asked the resident what happened. The resident responded, “it happened at 6:30 AM this morning. They still have not changed my sheets.”
The investigators interviewed the facility Director of Nursing and asked: “if it was acceptable to have dirty clothing, a brief and a urinal lying on the floor of a shared bathroom.” The Director responded “I would expect them to make rounds every two hours and assist with storage of dirty clothing, briefs, and the urinal.”
The Director also said that there is a procedure for handwashing during dining that includes using “hand sanitizer between each resident, wash hands if they are visibly soiled, wash hands with soap and water if they touch the resident. If they touched other items in the resident’s room, they should wash their hands.”
The investigative team observed a resident’s room where an LPN was performing hand hygiene and repositioning a resident. The LPN then “donned gloves and instilled ordered eyedrops into the resident’s left eye.” The LPN then “failed to perform hand hygiene after repositioning [the resident] and [before] donning her gloves and administering eyedrops.”
In a summary statement of deficiencies dated June 28, 2016, the state investigative team documented that the facility had failed to “ensure one resident with pressure ulcers receives necessary treatment and services to promote healing and prevent infection.” The surveyors reviewed the facility policy titled: Hand Hygiene that reads in part:
“Moments for handwashing [include] before touching a patient, before clean/aseptic procedures. After body fluids exposure risk. After touching the patient. After touching patient surroundings.”
The survey team reviewed a resident’s medical records and Weekly Wound Evaluations from June 3, 2016, through June 8, 2016. The documentation shows that the resident “had a Stage II pressure ulcer to her sacrum” with the physician’s orders for treatment.
The investigators observed wound care being performed in the resident’s room on the afternoon of June 15, 2016. A Licensed Practical Nurse (LPN) “gathered her supplies and place them on top of a barrier on the overbed table, washed her hands, pulled a pair of gloves out from her uniform pocket, and put them on.” The LPN then “removed the resident’s incontinence brief, removed her gloves, pulled another pair of gloves from her uniform pocket and put them on.”
The LPN continued to replace soiled gloves with new clean gloves. However, it was observed that the LPN “failed to perform hand hygiene between glove use as well as used gloves pulled from her uniform pocket to perform wound care.”
The investigators asked the LPN “when she should wash her hands?” The LPN replied, “before and after care, and between dressing changes” and confirmed that “pens, scissors, keys, and gloves are stored in her pockets.” The LPN also confirmed that the insides of her pockets would not be considered clean.
In a summary statement of deficiencies dated September a 2017, the state investigative team noted that the nursing home had failed to “ensure that the Care Plan interventions were followed for a positioning device, providing oxygen at the correct flow and checking residual of a Percutaneous Endoscopic Gastronomy (PEG) tube.”
The deficient practice by the nursing staff involved two of sixteen sampled residents of the thirty-one residents included in the Stage II review.” The investigators reviewed the facility policy titled: Cath Care Plan – Comprehensive that reads in part:
“An interdisciplinary team in coordination with the resident and his/her family or representative develops and maintains a conference of Care Plan for each resident.”
The investigators reviewed a resident’s Medical Records and Care Plan dated September 5, 2017, documenting “activities of daily living, self-care performance deficit related to dementia, limited range of motion, contracture to the right hand, Limited mobility. Keep abduction pillow between the legs at all times. Limited physical mobility. Keep abduction pillow between legs at all times. Oxygen therapy related to SOB [compulsive gasps with loud noises], history of pneumonia. Oxygen setting as ordered.”
The survey team observed the resident in the resident’s room on multiple occasions on September 5, 2017, September 6, 2017, and September 7, 2017. During the surveyors’ observations, it was revealed that “an induction pillow was not in place and the oxygen concentrator was set at 2 liters permitted.”
The investigators interviewed a Licensed Practical Nurse providing the resident care and asked, “if the resident should have an induction pillow in place.” The LPN replied, “Yes” and confirmed that they were “unable to locate an abduction pillow in the room at that time” stating, “I will find it.” The investigators interviewed the Director of Nursing who confirmed that it was unacceptable “for staff to fail to follow the care plan.”
Do you believe your loved one has suffered serious injuries or died prematurely while a resident at Whitehaven Community Living Center? If so, contact the law offices of the Tennessee nursing home abuse attorneys at Nursing Home Law Center at (800) 926-7565 today. Our network of attorneys fights aggressively on behalf of Shelby County victims of mistreatment living in long-term facilities including nursing homes in Memphis.
Our network of attorneys working on your behalf can ensure your family receives adequate financial recompense for the injuries, harm, losses, and damages your loved one has endured by others. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim. We can start working on your compensation claim now to ensure your rights are protected.
We accept every case involving nursing home abuse, wrongful death or personal injury through a contingency fee arrangement. This agreement postpones the need to pay for legal services until after we have resolved your case through a negotiated out of court settlement or jury trial award. Let our attorneys begin working on your behalf today to ensure your family receives adequate compensation from those who caused your harm. All information you share with our law offices will remain confidential.
Attorney Cameron Jehl
Licensed in Tennessee
Tennessee Nursing Home Injury Attorney Nursing Home Law Center LLC Home