Casa Del Sol Center
Casa Del Sol Center in Las Cruces has below-average long-term care quality and deficient nurse staffing. Although the facility has not been specifically flagged for abuse, based on national statistics, unreported abuse is likely. Levin & Perconti helps nursing home abuse victims and their families hold nursing homes accountable for maltreatment.
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Every nursing home resident has the right to receive quality care in a safe, hospitable environment. Neglect and abuse of nursing home residents are forms of medical malpractice. Whether the nursing home abuse is perpetrated by staff, other residents, or visitors, the nursing home and individual staff members may be liable.
If your family member has experienced nursing home abuse or neglect at Casa Del Sol Center, a Las Cruces nursing home abuse lawyer at Levin & Perconti can help you explore your legal options and get justice for your loved one.
About Casa Del Sol Center
Casa Del Sol Center is a for-profit 62-bed facility located at the following address:
2905 E. Missouri Avenue
Las Cruces, NM 88011
Phone: (575) 522-0404
Casa Del Sol Center provides long-term care, post-hospital short-term rehabilitation, and respite care. The Centers for Medicare and Medicaid Services (CMS) has rated this facility as average. Nursing Home Database ranks this facility as number three of eight facilities in a 25-mile radius.
The owner of Casa Del Sol Center is Genesis Healthcare, a large corporation that owns hundreds of nursing homes throughout the United States and has a history of underfunding and understaffing its facilities to maximize profits.
According to The Washington Post, more than 2,800 Genesis Healthcare nursing home residents had lost their lives to COVID-19 by December 20, 2020, while Genesis Healthcare blamed a lack of funding and supplies. However, the CEO received a $5.2 million bonus in October 2020, in addition to his $900,000 annual salary and $935,000 annual bonus.
History of Nursing Home Abuse at Casa Del Sol Center
This facility is not flagged for abuse, but that does not mean abuse does not occur. Skilled nursing facilities are flagged for abuse when they have a history of having been cited for abuse. However, CMS only inspects most facilities once annually or after receiving complaints.
This makes it impossible for CMS to be aware of all instances of abuse, especially given that most cases of nursing home abuse are unreported. The World Health Organization has identified several alarming elder abuse statistics:
- Approximately one in six adults 60 years old and older experienced some form of abuse during the past year.
- As many as two in three staff surveyed admitted to committing some form of abuse in a long-term care facility in the last year.
- Nursing home abuse increased during the COVID-19 pandemic.
A review of 34,664 Medicare claims by the U.S. Office of the Inspector General from January 2015 through June 2017 found that 9,294 injuries that were potentially caused by abuse or neglect were not reported to law enforcement. The Office of the Inspector General recommends CMS use medical claims to identify abuse, but this currently is not being done.
Staff Shortages at Casa Del Sol Center
CMS has given Casa Del Sol Center a staffing rating of average. An average staffing rating does not indicate a facility is adequately staffed.
According to USA Today, more than three-quarters of nursing homes had fewer nurses and aides than specified by federal guidelines. Understaffing in nursing homes is a significant predictor of nursing home abuse and neglect.
Casa Del Sol Center residents receive an average of three hours and 33 minutes of nursing care per day, which is slightly lower than the national average of three hours and 46 minutes.
Registered nurses (RNs) are the most highly trained nurses with the responsibility of carrying out each resident’s care plan and supervising other nursing staff.
Nationally and statewide, nursing home residents receive an average of 40 minutes of RN care per day, but residents at Casa Del Sol Center receive an average of just 21 minutes.
Nationally, nursing home residents receive 53 minutes of care from a licensed practical nurse (LPN) per day, but at Casa Del Sol Center, residents receive 48 minutes.
Casa Del Sol Center residents receive more certified nursing aide (CNA) care than the state or national averages. While this may be an effort to compensate for the deficient RN and LPN care, it falls short. CNAs do not have the same training as nurses, and most cases of nursing home abuse are committed by CNAs and orderlies.
Health Violations at Casa Del Sol Center
Casa Del Sol Center has had 43 inspections since 2003. Only 19 of these were routine annual inspections, which means the facility has had at least 14 complaint inspections.
The facility has been cited for two infection control citations in the last three years and 11 health violations in the last year, compared with a national average of 8.4.
The most recent complaint inspection on January 6, 2022, resulted in a citation for the failure of staff to wear N95 masks correctly, including wearing their masks under their chin while in the hallways and front desk areas, where residents could have been exposed.
The annual inspection on September 10, 2021, resulted in citations for negligent infection control, improper medication management, and inadequate care coordination.
Negligent Infection Control
Casa Del Sol Center neglected to include the weekly cleaning of a resident’s continuous positive airway pressure (CPAP) machine in the care plan. This is a necessary procedure specified by the manufacturer of these devices that prevents infections.
Casa Del Sol Center failed to offer and administer pneumococcal vaccines to all residents.
Improper Medication Management
The annual inspection revealed numerous medication management deficiencies, which could have resulted in medication errors, overuse of medications, and unauthorized access to medications by residents, guests, and support staff.
Violations include the following:
- Improperly allowing a resident to administer his own topical psoriasis medication without having been evaluated for self-administration
- Failure to lock a treatment cart that contained patient medications
- Failure to record the justification for a physician ordering a resident’s medication to continue against the pharmacist’s advice
- Discontinuance of a patient’s medication when the physician had ordered it to continue as needed
- Failure to implement a gradual dose reduction for antipsychotic medications
- Inappropriate diagnosis for a resident’s prescribed medication
- Improperly storing medications loosely in the cart, which could result in patients receiving incorrect medications
- Failure to implement an antibiotic stewardship program
Inadequate Care Coordination
The inspection revealed that Casa Del Sol Center failed to coordinate a dementia patient’s care with hospice to determine the hospice company’s and the nursing home’s responsibilities.
Quality of Care at Casa Del Sol Center
The overall quality of care rating by CMS is three stars, which is average. This rating includes short-stay and long-stay quality measures.
Short-Stay Quality Measures
The short-stay quality rating is average with the following areas of concern:
- Higher incidence of outpatient emergency department visits, with a 20.6 percent occurrence compared with a national average of 11.4 percent
- A slightly higher incidence of patients receiving antipsychotic medications for the first time compared with the state and national averages
- A higher occurrence of new or worsened pressure ulcers compared with the national average
Long-Stay Quality Measures
The CMS rating for Casa Del Sol Center’s long-stay quality of care is two stars, or below average. When compared with the national average, residents at Casa Del Sol Center are more likely to experience the following:
- Hospitalization
- Emergency department visits
- Placement of indwelling catheters
- Reduced independence
- Physical restraints
- Loss of bowel or bladder control
- Depression
What to Do If You Suspect Abuse at Casa Del Sol Center
If you suspect abuse or neglect is occurring at Casa Del Sol Center, you have the power to stop it, but prompt action is necessary. Notify the administrator of the nursing home.
The facility is required to report abuse allegations to the Division of Health Improvement, conduct an investigation, and provide a written follow-up report within five days.
However, to ensure the nursing home complies, you should also file a report with the Division by calling (800) 752-8649.
You can also report abuse to the New Mexico Long-Term Care Ombudsman by calling (866) 451-2901. The long-term care ombudsman provides patient advocacy services, abuse investigations, referrals, and resident visits. The ombudsman will also report abuse to the Division of Health Improvement.
Suspected nursing home abuse should be reported to the Las Cruces Police Department by calling (575) 528-4200 or 911 if your family member is in danger. Nursing home abuse is a criminal offense that may result in criminal proceedings against the perpetrators.
Contact a New Mexico nursing home abuse attorney to explore your legal options and potentially file a nursing home abuse lawsuit against Casa Del Sol Center.
How Levin & Perconti Can Help With Your Nursing Home Abuse Case
The nursing home abuse lawyers at Levin & Perconti are nationally recognized for an extensive track record of helping families successfully pursue damages.
We were one of the first law firms in the nation to make this stand, and we consistently get results for our clients such as the following:
- $4.1 million record-breaking verdict on behalf of an 85-year-old woman who was injured in a nursing home as a result of medication mismanagement
- $2.7 million verdict on behalf of a 67-year-old nursing home resident’s family who died as a result of a fall
- $2.9 million record verdict on behalf of the family of a nursing home resident who suffocated to death due to mismanagement of her tracheostomy tube
- $2.8 million record settlement on behalf of a 59-year-old who developed painful bedsores that took four years to heal
- $2.3 settlement for the family of an 88-year-old assisted living facility resident who died from bedsores, a case in which the doctor was indicted for involuntary homicide
You can count on the nursing home abuse lawyers at Levin & Perconti to provide passionate, skillful representation and fearless advocacy for your loved one. We are passionate about giving some of the most vulnerable members of society a voice and ensuring they receive the justice they deserve.
Contact us today to schedule a free consultation.
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Not only were they so professional but also so caring and thoughtful. It was very difficult going over the facts in our mother's case but they were so compassionate and understanding and allowed us to be with them every step of the way. We were able to sit in on the depositions and we were really able to see how hard they worked on our behalf.
During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Perconti were more than just our lawyers. Words can’t really express our gratitude.
They were most patient and responded timely to many questions throughout the entire process. All demonstrated professionalism and extensive knowledge of case and state laws. Their in-depth investigative work uncovered details which were unknown to us and yet sadly confirmed our suspicions. We would recommend the Levin and Perconti Law firm and especially this team.
During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Peconti were more than just our lawyers. Words can’t really express our gratitude. My family and I will always be grateful for the compassion that they showed us. I want to thank you for what you did for my family, and for always being there for us.
Margaret’s representation, guidance, and professionalism gave us the sense that we could put our trust in Levin & Perconti and the final outcome proved that to be true.
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Notable Results
VERDICT
on behalf of an 85-year-old woman injured in a nursing home when her medications were mismanaged.
VERDICT
for the estate of a 67-year-old man who died from complications related to a fall
SETTLEMENT
for a 59-year-old resident who developed multiple painful and infected bedsores which took four years to heal.
