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Bria of River Oaks Abuse and Neglect Attorneys
Deciding to relocate an elderly loved one or disabled member of the family into a nursing home can be a gut-wrenching decision the takes months of research the fine the safest, most comfortable environment. Sadly, many Cook County nursing home residents become the victims of neglect and abuse by caregivers and other residents in a nursing home that lacks sufficient supervision or fail to train the staff appropriately.
If your loved one was mistreated while living in a nursing facility, contact the Illinois Nursing Home Law Center Attorneys immediately for quick legal intervention. Our team of attorneys has successfully resolved cases just like yours and obtain funds on behalf of our clients to ensure they are adequately compensated for their damages. We can begin working on your case today.Bria of River Oaks
This Medicare/Medicaid-approved long-term care (LTC) center is a "for profit" 309-certified bed home providing cares to residents of Burnham and Cook County, Illinois. The facility is located at:
14500 South Manistee
Burnham, Illinois, 60633
In addition to providing around-the-clock skilled nursing care, Brea of Belleville also offers:
- Long-term care
- Rehabilitative therapy
- Orthopedic rehab
- Cardiac care
- Wound care
- Geropsychiatric program
- On-site hemodialysis
- Behavioral health
Federal agencies and the State of Illinois have a legal responsibility to monitor every nursing facility nationwide. If serious violations are identified, the government can impose monetary fines or deny payments through Medicare if the resident was harmed or could have been harmed by the deficiency.
Within the last three years, nursing home regulators imposed a monetary penalty of $1950 against Bria of River Oaks on August 17, 2017. Also, the facility received four formally filed complaints due to substandard care. Additional documentation about fines and penalties can be found on the Illinois Department of Public Health Nursing Home Reporting Website concerning this nursing facility.Burnham Illinois Nursing Home Safety Concerns
To be fully informed on the level of care nursing homes provide, families routinely research the Illinois Department of Public Health and Medicare.gov database systems. These sites document a complete list of health violations, dangerous hazards, safety concerns, incident inquiries, opened investigations, and filed complaints. This information provides valuable content to make a well-informed decision of where to place a loved one who requires the highest level of hygiene assistance and health care 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 Cook County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Bria of River Oaks that include:
- Failure to Provide Every Resident an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent Avoidable Accidents
- Failure to Protect Every Resident from All Abuse, Physical Punishment or Being Separated from Others
- Failure to Report and Investigate Any Act or Reports of Abuse, Neglect or Mistreatment of Residents
- Failure to Implement a Gradual Dose Reduction and Nonpharmacological Interventions Unless Contraindicated before Initiating or Continuing Psychotropic Medications
In a summary statement of deficiencies dated July 13, 2018, the state investigative team documented that the facility had failed to “provide interventions to assist a resident to ambulate safely and to update the Care Plan with a new intervention after a fall to prevent a fall and injury.” The investigator said that “this failure resulted in [a resident] falling and sustaining a subdermal hematoma and nasal bone fracture.”
The incident involved a Third Floor resident whose social service note reads that the patient “is able to propel self independently in a wheelchair, but needs assistance for transfers.”
The incident occurred when the resident “was in the elevator with the surveyor” and did not “have a wheelchair or staff present to assist her.” The resident “was standing in front of the surveyor. When the elevator door opened on the first floor, [the resident] turned to the right and walked past the nurse’s station and Therapy Department. When the surveyor turned the corner and passed the Therapy Department, [the resident] was on the floor face down in the hall. The staff in the immediate area called for a nurse to assess the resident.”
A review of the resident’s Nurse’s Notes dated July 10, 2018 showed that the resident “was walking and stumbled over her feet.” The resident “was bleeding from the nose and swelling developed to the nose.” The resident “voiced physical pain. The physician was notified of complaints of pain and ordered [the resident] be sent to the emergency room for evaluation.”
The Progress Note from the nurse revealed that the facility was notified that the resident was admitted to the hospital for subdermal hematoma and nasal bone fracture.” As a part of the investigation, the surveyors interviewed the Restorative Nurse on the first floor who said that the resident “is on a transfer program because it time she gets dizzy.” If [the resident “walked by pushing her wheelchair in front of her, she would transfer on her own. I have seen [the resident] several times walking independently.” The resident “needs reminders to get her wheelchair.”
The investigators interviewed the facility Director of Nursing who said that the resident’s “investigation is ongoing. Evidence of notification of fall with injury [was] faxed to the Illinois Department of Public Health on July 11, 2018, at 8:08 AM.” The Director of Nursing said that the report, written by a Licensed Practical Nurse revealed that the resident “had been pushing her wheelchair in front of her before she fell.” The Director said that the resident “is more safe in a wheelchair.”
In a summary statement of deficiencies dated August 17, 2017, the state investigators noted that the nursing home had “failed to have an effective Plan of Care and placed to protect one of eight residents from being physically assaulted by another resident.” The investigators reviewed a written report of the incident dated June 11, 2017, that shows that one resident “was trying to get [a peer] to sit down in a chair by grabbing [the other resident’s] arm.”
The first resident “became upset and pushed [the standing resident] causing the resident a fall. A small laceration to the right side of the four head was noted. The doctors were notified and received orders to send [the fallen resident] to the hospital for medical evaluation.” The injured resident “returned from the hospital with three sutures in place.”
The surveyors reviewed the Nursing Home to Hospital Transfer Form dated June 11, 2017. The form showed the reason for transfer as being “other resident hit the resident’s left side of the head causing the resident to fall [and sustain] a 1-inch laceration.” A Licensed Practical Nurse who was at the nurse’s station said that they heard the falling resident yell out and say that the other resident had hit them. The fallen resident “was sitting on the floor in front of her room” when the assaulting resident was witnessed “walking away from her.”
That LPN said that the assaulting resident “wanders around a lot. No staff was around when the actual incident happened. The CNAs were in the dining room.”
The Psychosocial Rehabilitative Services Coordinator said on the morning of August 15, 2017, that “I was here on the date of the incident with [both residents when the allegedly abusive resident] reportedly got aggressive with [the other resident]. I did get a chance to do 1:1 with [the allegedly aggressive resident] because security took the resident off the unit [and sent the abusive resident] out to the hospital. I did not chart a Social Service Note on that date. I [put the information into a] personal note, but not in the Progress Notes.”
In a summary statement of deficiency dated August 17, 2017, the state investigative team noted that the nursing home had “failed to follow their Abuse Policy and reporting conduct an abuse investigation regarding resident-to-resident physical abuse.” This deficiency by the nursing staff and administration “applies to two of nine residents reviewed for abuse.” As a part of the investigation, the surveyors reviewed the facility’s Abuse Policy dated February 7, 2017, that reads in part:
“Internal Investigation: Any incident or allegation involving abuse, neglect, exploitation, and mistreatment.”
“External Reporting: Initial Reporting of Allegations: When an allegation of abuse has been made, the Administrator or designee, shall notify the Department of Public Health’s regional office immediately by telephone or fax. The report shall include: The type of abuse reported.”
The Administrator presented all allegations that occurred at the facility between July 23, 2016, and August 14, 2017, to the state survey team. The Administrator “presented a file that contained abuse allegations that were reported to the Illinois Department of Public Health. The two files did not include the physical abuse allegation that occurred between [both residents listed above] on June 11, 2017.”
Also, the Administrator “presented all incidents (including falls) that have been reported.” The Administrator said that “abuse include physical, mental, seclusion, sexual, financial, and can be from resident-to-resident and staff-to-resident and should be reported to the IDPH immediately.”
In a summary statement of deficiency dated June 1, 2018, the state surveyors documented that the nursing home “failed to follow medication policy and provide documentation to support the use of the antipsychotic medication.” The nursing home also “failed to have any documentation on targeted behaviors being treated and failed to provide documentation of nonpharmacological interventions [before] entering the use of antipsychotic medications.”
The deficient practice by the nursing staff involved three residents “reviewed for anti-psychotic medication use.” The survey team reviewed the facility’s policy concerning psychotropic medication use that reads in part:
“Before “using any new [antipsychotic] medication, the staff will document the behaviors and alternative interventions used and the outcome of those interventions. When the behavior requires [and as needed] medication to be given, the staff will attempt to determine the root cause of the behavior.”
“Behaviors identifying the need for [antipsychotic] medications will be monitored for all [medical conditions]. Residents receiving [the antipsychotic medications] will receive monitoring for the targeted behavior. Identified behaviors will be recorded in the electronic health record.”
The survey team interviewed a Licensed Practical Nurse on the morning of June 1, 2018, who said that “the nurses are to document the behaviors in the Progress Notes.” The LPN said that “she was not able to find any behavioral notes for [that resident, stating that the resident] exhibits the same delusional behavior every day, but it does not interfere with care and [the resident] is re-directable.”
The investigative team said “there is no documentation seen or provided on the targeted behaviors with the exception of May 18, 2018, where [the resident] stated he had an active plan of suicidal ideation [thoughts of suicide]. There is no documentation of nonpharmacological interventions or the outcome of the interventions [before] administering the [antipsychotic medications] and other psychoactive medications.”
Do you believe your loved one was neglected, abused or mistreated while living at Bria of River Oaks? If so, contact the Illinois nursing home abuse and neglect lawyers at Nursing Home Law Center at (800) 926-7565 today. Our network of attorneys fights aggressively on behalf of Cook County victims of mistreatment living in long-term facilities including nursing homes in Burnham. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim.
Our dedicated attorneys have represented clients with victim cases involving nursing home mistreatment. With our years of success, our attorneys can assist your family in successfully resolving your financial recompense case against all those who caused your loved harm. We accept all cases of wrongful death, nursing home abuse, and personal injury through a contingency fee agreement. This arrangement postpones your need to make a payment for our legal services until after your case is successfully resolved through a negotiated out of court settlement or jury trial award.
We provide all clients a “No Win/No-Fee” Guarantee, meaning you owe us nothing if we are unable to obtain compensation on your behalf. We can start on your case today to ensure you receive compensation for your damages. All information you share with our law offices will remain confidential.Sources: