Bria of Forest Edge Abuse and Neglect Attorneys
Any neglect or abuse involving a nursing home resident can be considered mistreatment if it occurs at the hands of the caregiver, friend, family member, employee or another resident. All members of the nursing staff are legally bound to protect every resident around-the-clock to ensure they remain in a safe environment. Any mistreatment could be the result of a failure to follow the standards of protocol.
The Illinois Nursing Home Law Center Attorneys have represented many Cook County nursing home residents who suffered mistreatment or died prematurely while living at a facility. If your loved one was injured, contact us today so we can begin working on your case now. Our team of attorneys has successfully resolved cases like yours to ensure our clients receive adequate financial compensation for their damages.Bria of Forest Edge
This long-term care (LTC) facility is a "for profit" 328-certified bed long-term care center providing services to residents of Chicago and Cook County, Illinois. The Medicare/Medicaid-participating home is located at:
8001 South Western Ave
Chicago, Illinois, 60620
In addition to providing 24/7 skilled nursing care, Brea of Forest Edge also offers:
- Long-term care
- Rehabilitative therapy
- Orthopedic rehab
- Cardiac care
- Wound care
- Respite care
- Geropsychiatric program
- On-site hemodialysis
- Behavioral health
The investigators working for the state of Illinois and the federal government have the legal authority to impose monetary fines and deny payment for Medicare services if the nursing home has been cited for serious violations of established regulations and rules.
During the last three years, the investigators imposed a monetary fine of $6500 against Bria of Forest Edge on October 15, 2017. Also, Medicare denied payment for services rendered due to substandard care on April 4, 2018. Over the last thirty-six months, the nursing home also received thirty-six formally filed complaints and self-reported three 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.Chicago Illinois Nursing Home Safety Concerns
The state of Illinois and federal government regularly updates their long-term care home database system with complete details of all incident inquiries, opened investigations, filed complaints, dangerous hazards, health violations, and safety concerns. The search results can be found on numerous online sites including Medicare.gov and the IL Department of Public Health website.
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 Cook County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Bria of Forest Edge that include:
- Failure to Provide Every Resident an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent Avoidable Accidents
- In a separate summary statement of deficiencies dated April 4, 2018, the state survey team noted that the nursing home had “failed to ensure that the staff is present to supervise residents on the smoking patio.” The deficient practice involved two of three residents “reviewed for abuse. This failure resulted in [one resident] requiring admission to the hospital.”
- Failure to Timely Report Suspected Abuse, Neglect or Mistreatment and Report the Results of the Investigation to Proper Authorities
In a summary statement of deficiencies dated July 24, 2018, the state investigators documented that the facility had failed to “follow the facility smoking policy and ensure smoking materials were locked in the facility designated area and unavailable to smokers assessed to be unsafe.” The deficient practice involved one of three residents “reviewed for smoking.”
The state investigator said that these failures resulted in one resident “starting a mattress fire resulting in [three residents] being taken to the local hospital for smoke inhalation.” It was also documented that the nursing home had “failed to ensure that there were assistive devices available to include grab bars to prevent falls, call lights to request assistance when there was noted debris and spills on the floor in the resident care area.”
The nursing home also “failed to follow the facility transfer policy and utilize a gait belt why transferring one of three residents reviewed for safe transfers. These failures resulted in [one resident] being involved in a fall incident and being treated at the local hospital for fractures.”
The surveyors interviewed the facility Administrator on the morning of July 12, 2018, who stated that one patient “was a resident who started the fire for staff witnessing her leaving the room and then finding a mattress on fire.” The Administrator said that two lighters “were found on the [resident], but we're not sure who found them, and how [the resident] got the lighters.” The Administrator said that the resident “is no longer in the facility.”
The Administrator documented that “since the fire, a whole house inspection was done and numerous residents were found with lighters which were confiscated.” The Administrator then said that “no resident is to carry their own lighter or cigarettes per the facility smoking policy.” The Administrator said that “she attempted to interview [the resident] that she was saying, ‘I am too tired to talk’ and then began mumbling her words about her sister, money and then got very loud and yelling.” The resident “did calm down and apologize for yelling and then asked to be left alone.”
The Administrator said that “on July 4, 2018, at approximately 11:15 PM, there was a fire in [the resident’s room that was shared with three other residents].” At that time, “the smoke alarms when often staff responded to [the resident’s] room where [a resident] was on fire and staff removed [the resident] and his other roommates from the room.”
In response to the fire and the burns, a “code red” was initiated and “911 was called.” The resident’s three roommates “were sent to the hospital to be checked out (for smoke inhalation) and all were sent back with no injuries.” However, the burned resident “refuse to go to the hospital but was assessed and no injuries noted.” The resident who started the fire “was found with two lighters in her possession were removed and [the resident was] placed on 1:1 monitoring until transferred to the hospital.”
The Fourth Floor North Hall residents were relocated to other rooms throughout the facility so the Fourth-Floor North unit could be cleaned. The report lacks how [the resident] was able to obtain the two lighters. A social service note dated May 2, 2018 documents [the resident] being found smoking in her room by the nursing staff. Social Service staff searched [the resident’s] room and found two lighters and a pack of cigarettes which were confiscated.”
The investigator said that the “facility also failed to implement compensatory strategies for one of three residents reviewed for Activities of Daily Living (ADLs).” In one incident, the surveyors reviewed the facility’s Final Incident Report dated February 19, 2018, that says that a nursing staff member stated that “he heard some noise from the smoking patio and when he approached the patio, he saw [two residents] engaged in a physical altercation.”
At that time, one resident said: “he was on the smoking patio with [the other resident] when he got into a verbal altercation about a hat, which led to a physical altercation between both of them.” The other resident stated that “he hit [the first resident] with a utensil because they were engaged in the altercation.”
A review of the resident’s Hospital Record (Emergency Department History and Physical (H & P)) Note revealed that the resident “presented to the local hospital with a chief complaint of getting into an altercation with another nursing home resident.”
The resident’s physical examination showed “abrasion above the right eye: laceration Superior (2.5 cm) and inferior (1.5 cm) to the left eyebrow. Bruise on the left eyelid. Linear (5.0 cm) and Curve (3.0 cm) laceration to the frontal scalp on the left side. Total of eight staples in place.” The resident’s radiology results showed Acute Medial and inferior wall blowout fractures on the left and commuted [facial] bone.”
A nursing staff member from resident services said that “on the day of the incident, he left the smoking patio to bring a resident back upstairs. There was no staff present, only residents.” The staff member said, “he never saw the altercation between [both aggressive residents]. However, he did hear [both residents] exchanging words and noted blood on [one resident’s] face.”
In a summary statement of deficiencies dated June 25, 2018, the state survey team noted that the nursing home had “failed to report abuse to the Illinois Department of Public Health within twenty-four hours.” The deficient practice by the nursing staff involved two of six residents “reviewed for abuse.”
In one incident, the investigators interviewed the Director of Nursing who stated that “for all reportable incidents, reports are sent to the state within two hours if an injury is sustained and within twenty-four hours if there is no injury.”
The facility incident report documented on June 2, 2018, shows that at 8:55 AM, two residents “were involved in a physical altercation.” One resident “was noted with a laceration to her head.” The Initial Incident Report documented the same day shows that the report was “submitted to the Illinois Department of Public Health by email [not by phone or fax as required] on June 4, 2018, at 9:28 AM, which was two days after the incident” and outside of the legal reporting perimeter set by law.
The incident report received by the IDPH shows that two residents “were involved in a physical altercation” with one resident stating “he needed to use the bathroom and open the door not knowing [the other resident] was in there.”
The resident who was in the bathroom “came out and hit him. The June 3, 2018, initial Incident Report was also submitted to the Illinois Department of Public Health by email” two days later at the same time as the first report.
The survey team made inquiries with the Assistant Administrator as to why the reports were not submitted within twenty-four hours. At that time, the surveyors noted that the facility was out of compliance and had failed to follow their own Abuse Prevention Policy and Procedure from September 2017 that reads in part:
“Initial Reporting: When an allegation of abuse has been made, the Administrator, or designee, shall notify the Illinois Department of Public Health regional office immediately by telephone or fax. As used herein, the term immediately in relation to reporting abuse shall be defined as not later than 24 hours if the events that cause a suspicion do not result in serious bodily injury.”
Do you suspect that your loved one was the victim of abuse, neglect or mistreatment caregivers while living at Bria of Forest Edge? If so, contact Illinois nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565 now. Our law firm fights aggressively on behalf of Cook County victims of mistreatment living in long-term facilities including nursing homes in Chicago. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim.
Our experienced attorneys provide victims of nursing home abuse the legal representation they need against all those who caused them harm. Our law firm can offer numerous legal options on how to proceed to obtain the financial compensation your family deserves. The attorneys accept all personal injury claims, nursing home abuse suits, medical malpractice cases, and wrongful death lawsuits through a contingency fee agreement. This arrangement 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.
We offer all clients a “No Win/No-Fee” Guarantee. This promise ensures your family will owe us nothing if we cannot obtain compensation to recover your damages. We can provide legal representation starting today to ensure your family is adequately compensated for your damages. All information you share with our law offices will remain confidential.Sources: