Do you suspect your loved one is suffering from neglect or abuse at the hands of caregivers or other residents? If so, the Illinois Nursing Home Law Center attorneys can provide immediate legal intervention to ensure your family seeks justice and obtain financial compensation to recover your damages caused by mistreatment. Our team of dedicated lawyers have years of experience in resolving nursing home abuse cases in Marshall County and can help your family too.
Contact us now so we can begin working on your case today. Let us use state and federal tort law to put your family back on the best path to restore your health and recover your financial losses.
If your loved one has been mistreated at Aperion Care Toluca, contact our Chicago nursing home negligence lawyers.
This facility is a 104-certified bed "for profit" long-term care home providing services and cares to residents of Toluca and Marshall County, Illinois. The Medicare/Medicaid-participating long-term care (LTC) center is located at:
101 East Via Ghiglieri
Toluca, Illinois, 61369
(815) 452-2367
In addition to providing 24/7 skilled nursing care, Aperion Care Toluca also offers psychiatric rehab, long-term care, short-term rehabilitation, and other care options.
Both Illinois and federal agencies penalize nursing homes by denying reimbursement payments from Medicare or imposing monetary fines anytime the facility is cited for a serious violation of established regulations that harm or could harm residents.
Within the last three years, the federal government imposed a stiff monetary penalty against Aperion Care Toluca for $12,252 on May 12, 2017. Also, Medicare denied payment for services rendered on November 4, 2016, due to substandard care.
Within the last thirty-six months, the facility received twelve formally filed complaints and self-reported two serious issues that all resulted in citations. Additional documentation about fines and penalties can be found on the Illinois Department of Public Health Nursing Home Reporting Website concerning this nursing facility.
To be fully informed about the level of care nursing homes provide, families routinely research the Medicare.gov and the Illinois Department of Public Health website database systems. These sites detail a complete list of safety concerns, incident inquiries, opened investigations, filed complaints, dangerous hazards, and health violations. This information provides valuable content to make a well-informed decision of where to place a loved one who requires the highest level of health care and hygiene assistance.
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 four out of five stars for quality measures. The Marshall County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Aperion Care Toluca that include:
In a summary statement of deficiencies dated May 16, 2018, a state investigative team noted the nursing home's failure to “clean and disinfect shared resident care equipment for one resident reviewed for blood glucose testing.” The investigator said that “this failure also affects five residents who were not in the sample.”
As a part of the investigation, the surveyors reviewed the facility’s policy titled: Glucometer Cleaning dated August 1, 2016, that reads in part:
“The growth and spread of microorganisms and blood-borne pathogens. The blood glucose monitor should be cleaned and disinfected between each resident test. To clean and disinfect the meter, use pre-moisten wipe/towel of one milliliter 45 – 6% sodium hypochlorite solution (household bleach) and 9 mL water to achieve a 1:10 dilution final concentration of 0.5 – 0.6% sodium hypochlorite.”
A Licensed Practical Nurse was observed on the morning of May 14, 2018, preparing “to perform blood glucose testing for [a resident. The LPN] obtained a blood sample from [the resident’s] finger, wiped the test strip with [the resident’s] blood, obtained a result, removed the test strip and wiped the top of the glucometer with the alcohol wipe.”
Next, the LPN then went into the resident’s room, four other residents’ rooms and “perform blood glucose, each time wiping the glucometer with an alcohol wipe after use.” The investigator reviewed the “package insert for the facility glucometer” that instructs the staff that “wiping the meter down with soap and water or [medication] alcohol will not disinfect the meter. Disinfecting can be accomplished with an EPA registered disinfectant detergent or germicide that is approved for Health Care settings or solution of 1:10 concentration of sodium hydrochloride (bleach).”
The investigative team interviewed the LPN who stated, “I am not using those good wipes (to clean the glucometer meter). I am allergic to them. I use alcohol wipes instead.”
In a summary statement of deficiencies dated May 16, 2018, state investigators documented that the nursing home failed to “ensure antibiotics were prescribed appropriately for one of three residents reviewed for antibiotic use.” The investigators reviewed the CDC (Centers for Disease Control and Prevention) policy titled: The Core Elements of Antibiotic Stewardship for Nursing Homes that reads in part:
“Infection and syndrome-specific interventions to improve antibiotic use: Identify clinical situations which may be driving inappropriate courses of an antibiotic such as asymptomatic bacteriuria or urinary tract infection and implement specific interventions to improve use.”
A review of the facility’s Antibiotic Antimicrobial Stewardship Program dated November 20, 2017, supports the use of the CDC program to “reduce the use of antibiotics.” However, a review of the facility’s Monthly Infection Control Log failed to document any tracking of a resident’s medication use that would help support the use of antibiotics or not.
As a part of the investigation, the surveyors interviewed the facility Corporate Nurse who stated that the resident “does not currently have any type of infection and has been taking [antibiotics] to prevent urinary tract infection for some time. The corporate nurse also verified that the resident’s “use of [antibiotics] has not been tracked in the facility’s monthly Infection Control log.”
In a summary statement of deficiencies dated April 7, 2017, the state investigative team noted the facility's failure to "thoroughly investigate and report to the State Agency an allegation of physical abuse.” The deficient practice by the nursing staff involved one resident “reviewed for abuse.” The investigators reviewed the facility’s policy titled: Abuse Prevention Program Facility Procedures reviewed on September 1, 2016, that reads in part:
“Any incident or allegation involving abuse, neglect, exploitation, mistreatment, or misappropriation of resident property will result in an investigation.”
The survey team reviewed a resident’s electronic Progress Notes dated January 22, 2018, that revealed that the resident “began making accusations against [their] roommate this afternoon at 5:00 PM.” The resident making the allegations “reported the alleged abuse to [a Registered Nurse (RN)].” At that time, the RN notified the previous Administrator and move the resident “to another room.”
During an interview with the current Administrator on the afternoon of April 6, 2017, that Administrator “was unable to provide any documentation of an investigation and reporting to the State Agency regarding [the resident’s] allegation of abuse on January 22, 2017.”
The Administrator said they had also “contacted the corporate compliance office, but no record of any investigation of the allegation could be found.” As of 1:40 PM on April 6, 2017 “the State Agency had no record of any reporting of the allegation made by [the resident] on January 22, 2017, [2.5 months earlier] from the facility.”
In a summary statement of deficiencies dated July 12, 2018, the state investigative team documented the facility’s failure to “notify the physician of medication not available for [one resident] reviewed for medication accuracy.” The investigators reviewed the facility’s policy titled: Medication Administration Oral Policy that reads in part: “Notify the physician of any changes in the condition or inability to take medications.”
During an interview with the Administrator, it was verified that “there was no documentation that [the physician had] been notified of [the resident] not receiving the ordered medication.” The Administrator also said that the physician “should have been notified that [the resident’s medication] was not available as preauthorization was needed.”
In a summary statement of deficiencies dated May 1, 2018, the state investigators documented that the facility had failed to “ensure the misappropriation of resident funds did not occur for one of three allegations of misappropriation of resident funds.” The deficient practice by the nursing staff involved one resident at the facility. The surveyors reviewed the facility’s policy titled: Abuse Prevention Program reviewed October 1, 2016, that reads in part:
“Misappropriation of residents’ property is the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of a resident’s belongings or money without the resident’s consent.”
The investigative team reviewed the Employee’s Acknowledgment of Abuse Policy dated August 21, 2017, that was signed by a Certified Nursing Assistant (CNA). Also, surveyors reviewed the facility’s Abuse Investigation dated March 20, 2018, initiated by the facility Administrator reviewing the resident’s bank statement. The documents clearly show “someone has taken large sums of money.”
A review of the resident’s “bank statement revealed several withdrawals in large amounts. The bank has been contacted, and [the resident’s] account was frozen on February 16, 2018. The local Police, Ombudsman, Doctor and Guardian are being notified.”
A review of the resident’s bank statement revealed that there were eight occasions where electronic withdrawals were made totaling substantial amounts including $1355, $25, $300, $300, $250, $250, $200, and $15. The next month’s bank statements revealed the withdrawal of money from three checks totaling $2107.73, $62.01, and $45.72. And a check for $2000 on February 15, 2018.
The Administrator stated that they were made “aware of the allegation of misappropriation of the resident’s funds on March 20, 2018” and “immediately called the police, filed a police report, started an abuse investigation, and notified the State Agency.” The investigation shows that the resident was in the facility and “unable to make withdrawals” by themselves.”
The local police Chief was able to seize photographs and videos that identified “the person pumping gas and using a check to pay for purchases as [a facility] Certified Nursing Assistant (CNA).”
The Administrator said that the CNA was “previously terminated at the facility due to being ‘a no call no show’ on March 7, 2018, March 8, 2018, and March 9, 2018.” The Administrator said that they discovered that the CNA “did have access to [the resident’s] checkbook because [the resident] carried it in a purse and [the resident] had more checks in [their] closet.”
The local Police Chief stated on the morning of April 27, 2018, that they are “currently investigating the theft of [the resident’s] personal funds and is waiting for information from the bank, retail shopping store, and online account information to complete the investigation.” The Police Chief also said that there is “no question [that the CNA] did at all.” The Chief said that that there are videos and a check” that prove that the CNA cashed that was written to and signed by the CNA on February 15, 2018, in “the amount of $2000.”
If you suspect your loved one is being abused or neglected while a resident at Aperion Care Toluca, call the Illinois nursing home abuse attorneys at Nursing Home Law Center at (800) 926-7565 now. Our network of attorneys fights aggressively on behalf of Marshall County victims of mistreatment living in long-term facilities including nursing homes in Toluca. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim.
Allow our seasoned nursing home abuse injury attorneys to file your claim for compensation against every party responsible for causing harm to your loved one. Our years of experience can ensure a successful financial resolution to make sure your family receives the financial recompense they deserve. We accept all nursing home cases involving personal injury, abuse, and wrongful death through a contingency fee arrangement. This agreement postpones making payments to our legal firm until after we have successfully resolved your case through a jury trial award or negotiated settlement.
We provide every client a “No Win/No-Fee” Guarantee, meaning if we are unable to obtain compensation on your behalf, you owe our legal team nothing. 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 Jonathan Rosenfeld
Licensed in Illinois
Chicago Nursing Home Injury Lawyer Nursing Home Law Center LLC Home