Consulate Health Care Violations & Lawsuits

Consulate Health Care is a leading provider of senior healthcare services. It specializes in post-acute care and operates several skilled nursing facilities across states like North Carolina and Mississippi. It offers short-term rehabilitation services as well as long-term care to those who need it. It’s known for providing physical therapy, wound care, medication administration, and assistance with activities of daily living. 

They pride themselves on treating all their residents like family and providing a safe environment for them to heal and live. Despite their best intentions, Consulate Health Care centers throughout the five states they operate in have experienced numerous issues. 

The Centers for Medicare and Medicaid Services (CMS) provides ratings to all nursing homes in the country, and Consulate Health Care’s facilities have been known to receive less-than-perfect scores. While some of their facilities score high on their five-star system, many score below average and have been flagged for elder abuse. 

Looking into the score of the specific Consulate Health Care center you’re interested in will help provide you with more information regarding the level of care they can offer and if there have been any complaints from other residents or their family members in the past. 

If you or a loved one have been neglected, abused, or have received inadequate treatment while at a Consulate Health Care facility, you need an experienced attorney on your side. Contact the Nursing Home Law Center for your free and confidential consultation to start seeking justice. 

Complaints and Legal Actions Against Consulate 

Consulate has faced dozens of complaints since opening its first rehabilitation center. Many of these claims are about unsafe conditions or minor issues, but there have been serious allegations and complaints at various facilities nationwide. Some of the complaints these facilities have faced include: 

• Neglect and abuse claims 
• Medication errors
• Inadequate medication administration practices
• Letting unlicensed nurses provide nursing care
• Failing to provide a hazard-free environment to prevent falls 

Lawsuits Against Consulate Health Care

There have been many complaints at different Consulate Health Care nursing homes, but not all of those complaints resulted in lawsuits. That being said, two lawsuits against this company have made headlines. 

United States v. Consulate Health Care

Consulate Health Care faced a huge lawsuit from the government due to Medicare and Medicaid fraud allegations. A nurse brought the original allegation to light in 2011, which prompted the investigation of Consulate Health Care in Florida. The litigation process for this specific lawsuit was over a decade, requiring extensive investigation and affirmation of the allegations. 

This healthcare company was found to violate the False Claims Act (FCA), and a settlement was finally reached in the lawsuit in 2021. Consulate Health Care was required to pay $4.5 million of a $258 million FCA settlement. After the verdict was read, six Consulate Health Care facilities in Florida filed for bankruptcy. [1]

McCarthy v. Consulate Health Care

Joyce McCarthy filed a lawsuit against Consulate Health Care on behalf of Gail Middleton’s estate. Middleton began filing a complaint against Consulate Health Care in 2013 but couldn’t finish it before passing away in 2014. Middleton complained of poor conditions within her facility, and McCarthy decided to pursue justice on her behalf. [2]

The courts initially denied reopening the case, but when they did, Consulate Health Care fought to get the case dismissed. Despite McCarthy’s efforts, the case was officially dismissed in 2016 without justice being served. 

Inspection and Deficiency Reports at Consulate Health Care

Many Consulate Health Care facilities don’t have serious deficiencies, but that’s not true for all. As stated in their inspection reports, even the highly rated facilities have deficiencies. Here’s a look at a few of them. 

• Courtyard Rehabilitation and Healthcare Center – Issue Summary 05/09/2023: 
  • Violation: Failing to protect residents from all types of abuse, including general neglect, physical, emotional, and sexual abuse, and failing to provide adequate treatment and care based on medical orders and the resident’s goals and preferences. 
  • Example: Several residents were subjected to neglect from staff. Some of the ways this impacted those residents include decreased range of motion, hospitalization, and acquiring infections leading to sepsis. Two residents were ordered to receive medical care outside the Consulate Health facility to prevent complications. Still, the facility failed to provide the required medical services, leading to the hospitalization of one of the residents. 
• Wellington Rehabilitation and Healthcare – Issue Summary 07/12/2023: 
  • Violation: Failing to provide medically-related social services to residents to ensure they have the highest possible quality of life and failing to ensure the facility is licensed under state law and operates in compliance with all state and federal laws. 
  • Example: The facility failed to help secure transportation for residents who needed medical care offsite, impeding their ability to have high-quality healthcare. After a thorough investigation, the facility was found to have not verified the nursing licenses of some of its staff members, which is a substantial legal violation. 
• Clay County Care Center – Issue Summary 10/26/2023: 
  • Violation: Failing to ensure all residents are free from significant medication errors and failing to provide and implement an infection prevention and control program. 
  • Example: After interviewing a pharmacist and the facility’s medical director, it was found several nursing staff members failed to follow the physician’s parameters for insulin administration. Some residents received two doses, or their insulin was withheld. Events like these happened 17 times over 112 days. The employees didn’t follow infection prevention protocols when they didn’t wash their hands after removing soiled dressings or wearing gloves to cleanse a resident’s wounds. 

Free Case Evaluation

When it comes to seeking justice and compensation for neglect and abuse in nursing homes, having the right nursing home attorney on your side will make all the difference. The experienced attorneys at the Nursing Home Law Center are here to help you hold all liable parties accountable and can help by: 

• Investigating your claim 
• Holding rehabilitation centers and other senior living communities accountable 
• Pursuing justice and compensation for victims and their family members 
• Advocating for improvements throughout the senior healthcare services industry

Taking action fast is vital in these cases because you don’t want to miss your chance to pursue justice. Make sure that you: 

• Ensure your or your loved one’s safety 
• Document everything about the neglect or abuse 
• Report your concerns to the state licensing board, nursing home administrator, and even the local authorities 
• Notify human resource team members
• Contact an experienced nursing home abuse attorney

Working with our experienced attorneys at the Nursing Home Law Center will help you seek justice and the highest compensation for your situation. We’re compassionate and determined to help you reach a fair settlement. We operate on a contingency fee basis, so you can focus on more important things and only pay us legal fees if we settle. 

If you or a loved one have been abused or neglected while at a Consulate Health Care facility or any other senior community, contact the Nursing Home Law Center today by calling us at (800)-926-7565 or by visiting our website. 

References: [1] Tampa Bay News, [2] Case Text