Mistreatment that occurs in a nursing facility is often the result of a failure to follow established standards of protocol. The nursing home might fail to educate the staff, provide adequate supervision, or monitor the resident’s medical conditions as a part of caregiving. In some incidents, other patients victimize loved ones through mistreatment, abuse, and sexual assault. Any form of neglect or abuse in a nursing home is inexcusable.
If your loved one was injured while residing in a Fulton County nursing facility, contact the Illinois Nursing Home Law Center attorneys for immediate legal intervention. Our team of Chicago nursing home abuse lawyers has successfully investigated and resolved many cases just like yours. Contact us now so we can begin working on your case today.
This Medicare/Medicaid-approved nursing home is a "not for profit" center providing cares and services to residents of Cuba and Fulton County, Illinois. The County government-owned 49-certified bed nursing facility is located at:
625 East Monroe Street
Cuba, Illinois, 61427
(309) 785-5012
In addition to providing around-the-clock skilled nursing care, The Clayberg Nursing Center also offers:
The federal government and the state of Illinois are authorized to penalize any nursing home with monetary fines or deny payment for Medicare services when the facility has been cited for serious violations of rules and regulations.
Within the last three years, The Clayberg Nursing Center receive four formally filed complaints and self-reported two serious issues that all resulted in citations. Additional information about fines and penalties can be found on the Illinois Department of Public Health Nursing Home Reporting Website concerning this nursing facility.
Our attorneys review data on every long-term and intermediate care facility in Illinois. Families can obtain the same publically-available information by visiting numerous state and federal government databases including the IL Department of Public Health website and Medicare.gov. This information is a valuable tool to use when choosing the best location to place a loved one who needs the highest level of services and care in a safe environment.
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 three out of five stars for quality measures. The Fulton County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at The Clayberg Nursing Center that include:
In a summary statement of deficiencies dated February 23, 2016, the state investigators noted that the nursing home had “failed to ensure that one resident was free from verbal abuse for one of three allegations of abuse reviewed. This failure resulted in [the patient] being verbally abused by [the Administrator] and being fearful of [the Administrator].”
The investigators reviewed the facility’s policy titled: Abuse Prevention, Identification and Reporting Program Policy and Procedure dated March 6, 2014. The document reads in part:
“Verbal abuse is the use of oral, written or gestured language that willfully includes disparaging and derogatory terms to residents. The facility makes every effort to provide a resident sensitive and secure environment.”
The incident involved a cognitively intact resident whose MDS (Minimum Data Set) shows “no behavioral issues or memory loss.” The resident stated on February 17, 2016, that the Administrator “had recently yelled at her when she had questioned some charges from the beauty shop that were listed in her resident trust account.” The patient said that the Administrator “yelled at her and that was not right [saying that] she was scared when [the Administrator] yelled at her and is still scared of [the Administrator].”
The following day, the resident “was further questioned about the incident with [the Administrator. The resident] still was unable to recall the exact date of the incident, but stated [the Administrator] ‘yelled at me when I asked about the money, and it was hurtful. She spoke to me so rough. [The Administrator] can be hard on us. I do not like [the Administrator] to talk to me or anyone in that tone of voice.’”
The patient said during the conversation that if the Administrator “is going to speak to me that way, she should not do that job.” The resident said that “she certainly felt the way [the Administrator] spoke to her was abusive.”
On February 17, 2016, a Licensed Practical Nurse (LPN) stated that seven days before she and a visitor along with a Registered Nurse (RN) “were at the nurse’s station and they observe [the resident] propel her wheelchair into the Administrator’s office.” The LPN said that she heard the Administrator “yelling at the resident, ‘you are just here to argue about money, aren’t you? I told you very clearly that [social services] will be back tomorrow and that is who you need to talk to. But no. You want to sit in here and argue with me, do not you?’”
The LPN said that the resident came out of the Administrator’s office “crying and gasping and upset.” The nurse said that “she immediately reported the incident to the Director of Nursing.” The LPN stated that staff are afraid of the Administrator and said, “she believes [the Administrator] verbally abused [the resident].”
Approximately three hours later, a Registered Nurse (RN) said during an interview that “she overheard from the nurse’s station [the Administrator] talking sternly to [the resident].” The RN said that the Administrator repeatedly said to the patient, “are you really wanting to argue with me about this?” The RN said that the patient left the Administrator’s office crying and that the LPN console them. The RN said “if someone talks to me like that, I would be visibly shaken. No one should be spoken to like that.”
A visitor at the facility set on February 17, 2016, that “she was in the facility visiting a family member the week prior.” The visitor said she overheard the Administrator talking loudly to the resident saying, “are you going to sit there and argue with me today?” The visitor said, “it was so loud. It was an uncomfortable situation. It sounded bad.” The visitor described the tone of the Administrator’s as being mean and said that the resident “was crying about the incident afterward at the nurse’s station.” The visitor said that she observed two nurses comforting the resident “immediately after the incident occurred.”
In a summary statement of deficiencies dated April 6, 2017, the state survey team noted that the nursing home had “failed to perform hand hygiene and change their gloves during pressure ulcer care.” The facility also failed to “follow the physician-prescribed treatment for two of three residents reviewed for pressure ulcers.”
The survey team reviewed the facility’s policy titled: Dry/Clean Dressing that reads in part:
“Verify that there is a physician’s order for this procedure. Review the resident’s care plan, current orders. Check the treatment record.”
“Put on clean gloves. Loosen tape and remove the soiled dressing. Pull soiled dressing and discard into a plastic or biohazard bag. Wash and dry hands thoroughly. Use clean technique open products. Wash and dry your hands thoroughly. Put on gloves. Assess the wound and surrounding skin.”
The investigators reviewed the resident’s Medication Review Report and observed a Wound Nurse providing the resident care just before noon on April 3, 2017. The Wound Nurse “removed the dressing that was soiled with yellow/green drainage from the resident’s left ankle. [The resident’s] left ankle had a round open area with depth in a pink wound bed and macerated wound edges. Without changing gloves or washing her hands, [the Wound Nurse] cleaned the resident’s left ankle with wound cleanser.”
At that time, the Wound Nurse removed her gloves and washed “her hands. Then, [the Wound Nurse] applied collagen to the wound bed and covered the wound with the border foam dressing. [The Wound Nurse] removed her gloves, applied a new pair of gloves without washing/sanitizing her hands, and proceeded to apply lotion to the residents left leg.”
In a summary statement of deficiencies dated April 6, 2017, the state investigators documented that the facility had failed to “safely turn a resident [and] failed to have protective skin sleeves on a resident to prevent skin tears.” The nursing staff also failed to “transferred a resident using a gait belt.”
This deficient practice involved three of four patients reviewed for increased activities of daily living help.” The investigators interviewed the Director of Nursing who said, “she should have used a gait belt with transfers for safety, and it is expected with a one [person] assist to transfer.”
In a summary statement of deficiencies dated April 6, 2017, a state investigator noted the nursing home's failure to “perform hand hygiene for two of seven residents reviewed for incontinence care.” The investigators reviewed the facility’s policy titled: Hand Washing/Hand Hygiene dated August 2014 that reads in part:
“Use alcohol-based hand rub containing at least 62% alcohol and alternatively soap and water for the following situations: Before moving from a contaminated body site to a clean body site during resident care; after contact with blood or bodily fluids; after removing gloves.”
Observations were made of a resident just before noon on April 3, 2017, when the resident “was continent of bowel and bladder on the toilet.” A Certified Nursing Assistant (CNA) provided perineal care to the resident while removing their gloves without washing/sanitizing [their] hands.” The CNA proceeded to redress the resident and assisted the resident back to a wheelchair “using the stand-assist machine without the help of [the other certified nurse].” Both CNAs repositioned the resident in the wheelchair. Only one CNA “removed her gloves and washed her hands.”
The surveyors then interviewed one CNA who stated she “did wash her hands when she took her gloves often put on a new pair of gloves.” The CNA also said that “she should have washed her hands when she removed her gloves and [before] applying a new pair.”
In a separate summary statement of deficiencies dated June 9, 2016, the state survey team noted that the nursing home had failed to “flushed an enteral feeding tube after checking residual and before and after administering medications.” The deficient practice by the nursing staff involved one resident “reviewed for enteral feeding tubes.”
The investigators reviewed the facility’s policy titled: Maintaining Patency of a Feeding Tube (Flushing) that reads in part:
“Flush with 30 mL of warm water after checking for residual stomach contents, and flush enteral feeding tubes with 30 mL of warm sterile water before and after the administration of medications.”
A Licensed Practical Nurse (LPN) was observed just before noon on June 7, 2016, checking the resident’s residual stomach contents before administering medications into the resident’s enteral feeding tube.” The surveyor said that the LPN “did not perform any flushes after checking for stomach residual or before and after a medication administration.”
During an interview with the LPN, it was verified that the resident’s “enteral feeding tube was not flushed.” The LPN said that “I did not flush before and after medications or after checking for stomach residual. I thought the water in the [medication] was enough.”
Have you concluded that caregivers victimized your loved one while they lived at The Clayberg Nursing Center? If so, contact the Illinois nursing home abuse and neglect attorneys at Nursing Home Law Center at (800) 926-7565 today. Our network of attorneys fights aggressively on behalf of Fulton County victims of mistreatment that are living in long-term facilities including nursing homes in Cuba. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim.
Our nursing home attorneys have successfully resolved many financial compensation claims for victims of mistreatment in nursing homes. We accept all nursing home cases involving personal injury, abuse, and wrongful death through a contingency fee arrangement. This agreement postpones the need to pay for our legal services until after our legal team has resolved your claim for compensation through a jury trial award or negotiated settlement out of court.
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 team begin working on your case today to ensure you receive adequate compensation. All information you share with our law offices will remain confidential.
Attorney Jonathan Rosenfeld
Licensed in Illinois
Chicago Nursing Home Injury Attorney Nursing Home Law Center LLC Home