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ALBUQUERQUE, NM- RESIDENT ABUSED BY STAFF MEMBER; ALLEGED ABUSER CONTINUES WORKING ON RESIDENT’S HALL

LAS PALOMAS CENTER

LOCATED: 8100 PALOMAS AVENUE, ALBUQUERQUE, NM 87109

LAS PALOMAS CENTER was cited by the DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID SERVICES for the following deficiencies:

PLEASE NOTE: The following highlighted quoted text is only a portion of the full report/survey submitted by DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID SERVICES. The full report/survey can be found here.

FACILITY FAILED TO PROTECT EACH RESIDENT FROM ALL ABUSE, PHYSICAL PUNISHMENT, AND BEING SEPARATED FROM OTHERS.

LEVEL OF HARM –IMMEDIATE JEOPARDY

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY**

The facility failed to ensure that residents were free from physical and verbal abuse and the resident was not assured of a safe environment free of retaliation by staff. This deficient practice resulted in an Immediate Jeopardy at a scope and severity of J being identified on 11/10/15 at 3:15 pm. The administrator was notified at that time.

On 10/08/15 at 12:09 pm, during interview R #11, stated, I made a report to (Name of Social Services Director) a week ago. I was trying to get some help, for the patient next to me who is comatose because she had sat in her chair with poop for over an hour. They (staff) kept saying ‘We’ll be right there’, but they didn’t come. I went to get (Name of Certified Nursing Assistant (CNA) #1). I asked (Name of CNA #1) and she said ‘Yeah I’ll be right there’, she never came. When I went down the hall, she saw me and yelled ‘I said I’ll be right there!’ I went the other way and when I started to come back, she started screaming at me again. She grabbed my wheelchair and then she grabbed my arm. I reported it and I was told that because I screamed back that it didn’t warrant any punishment. (Name of Administrator) told me that she talked to the State (State Agency) and that it didn’t warrant punishment. (Name of Administrator) said ‘Witnesses said it was the two of you (R #11 and CNA #1). ‘I (Administrator) want to put you two in a room to apologize to each other.’ (Name of Administrator) turned right around and put her (CNA #1) to work in my station and (Name of CNA #1) brings my food tray, and says ‘Here’ and throws it down. I have a history of abuse and I have always tried to run away and now if I have to deal with this. I feel it (abuse allegation) should’ve been addressed, and (Name of Administrator) said it had. (Name of CNA #1) still works on the South Unit (where Resident resides). She (CNA #1) came in my room on Tuesday and asked if I wanted a shower and I said I didn’t feel good because I don’t want to be showered by her. R #11 was asked if she felt afraid, she stated yes I am. I’m afraid she’ll yell at me again. I shouldn’t have to be uncomfortable here for a reason like that. R #11 stated (of the alleged incident) it happened Sunday the 27th of September in the evening right around 6 or 7. When she (CNA #1) yelled at me, I went the other way. She (CNA #1) was in room [ROOM NUMBER]. She was in the doorway, I was sitting outside the doorway. I was trying to get away from her and she grabbed the wheelchair. She was holding me from getting away. Then she grabbed my left arm and I pulled away. I just had to get away. During the interview, R #11 started to cry when talking about CNA #1 yelling at her and grabbing her wrist

On 10/08/15 at 1:14 pm, during interview with LPN #1 regarding R #11’s allegation of abuse, she stated I was doing her dressing, (on 09/28/15), she just was kind of different that day, I asked what was wrong. She started crying a little bit and she said ‘I had a rough weekend. On Saturday (Name of CNA #1) was my aide and she raised her voice.’ (R #11) said when she was backing up (Name of CNA #1) grabbed her wheelchair and jerked her. (Name of R #11) said ‘Let go’ and (Name of CAN #1) grabbed her arm. After she told me that, I felt like I had to tell somebody, I talked to (Name of Administrator) and (Name of Director of Nursing (DON)) and they said they would take care of it. (Name of DON) said ‘We will talk to her.’ She (CNA #1) came back the next day and she was on (Name of R #11’s) floor. She (R #11) was scared, she said ‘I’m afraid, what if she retaliates?’ I told her to tell somebody, to tell me, if that happens. (Name of R #11) talked to (Name of Social Service Director) and (Name of Social Service Director) moved her to the other side (of the facility). I thought that was weird, to move the resident and not the aide. She (R #11) was really uncomfortable. They (Administration staff) continued to put (Name of CNA #1) on her (R #11’s) side and do her showers. Now she is very different. She (R #11) told me (Name of Administrator) talked to her and talked to the State (State Agency) and it (the alleged incident) didn’t warrant discipline. From my side, I think it should’ve been reported. She (R #11) is a very social person, she gets along with everybody. I don’t want (Name of R #11) to be afraid. She always asks who’s working or who’s doing showers. (Name of CAN #1) did showers last night, and (Name of R #11) didn’t take a shower. If (Name of CNA #1) is doing showers, she is not going to take showers, she is not going to be alone in the shower room with her. (Name of Administrator) told her (R #11) she wanted them to be in the same room to reconcile. I don’t think she should be pressured to be in the same room with someone who terrifies her. On the other side (of the facility), all the aides were saying, ‘That’s the lady you can’t touch because she’ll tell on you.’ The smoke group residents are not talking to (Name of R #11) because of (Name of CNA #1). That’s why she isolates. They (Administrative Staff) still are putting her (CNA #1) on showers and putting her on R #11’s hall.

Personal Note from NHA-Advocates: NHAA shares with all the families of loved ones who are confined to nursing homes the pain and anguish of putting them in the care of someone else. We expect our loved ones to be treated with dignity and honor in the homes we place them. We cannot emphasize enough to family members of nursing home residents; frequent visits are essential to our loved ones’ well-being and safety. This nursing home and many others across the country are cited for abuse and neglect.

You can make a difference. If you have a loved one living in this nursing home or any other nursing home where you suspect any form of abuse or neglect, contact us immediately.

We can help you and your loved one file a state complaint, hire a specialized nursing home attorney or help you find a more suitable location for your loved one.

Contact us through our CONTACT FORM located on our website here below or on the sidebar or call our toll free hot line number: 1-800-645-5262.

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