Chicago Nursing Home Abuse Attorneys

Chicago Nursing Home Injury LawyersThere has been a significant increase in the number of elders requiring assistance with their medical issues and hygiene care from qualified, competent nurses. This is in part due to the rise in the number of the aging population within the United States. Sadly, there are more than a million incidences of elders being abused and neglected in nursing facilities every year across the nation. In fact, The Chicago nursing home neglect attorneys at Rosenfeld Injury Lawyers have served as legal advocates to many of those victims of elder abuse throughout Illinois.

Nearly 5.2 million residents live within Cook County. Of that, almost 620,000, or nearly 8.5 percent of those residents are senior citizens. Many of these retirees have no other option than to leave their home to receive skilled nursing care in assisted-living homes, nursing facilities and rehabilitation centers within their community. Unfortunately, with reduced physical and mental faculties, many of these elders become highly vulnerable and less capable to adequately protect themselves from harm. Often times, the mistreatment involves mental or physical abuse, medication errors, slip and fall accidents, sexual abuse, resident to resident harm and financial impropriety.

Chicago Nursing Home Resident Health Concerns

The services that assisted-living homes provide differ greatly from nursing homes that are charged with providing one-on-one health and hygiene care at a level that ensures that the resident’s daily requirements are met when needed. The federal and state governments hold nursing facilities to extremely high standards to make sure that every resident receives the best daily, ongoing quality care. This often includes bathing, grooming, toileting and dressing with assistance. However, failing to provide basic day-to-day needs including managing their medications, maintaining a sterile environment and providing quality care can cause the resident undue harm or injury.

Our Chicago elder abuse attorneys understand that many families face the overwhelming task of seeking a nursing facility in the community that can provide their loved one the highest levels of care. Because of that, we continuously review records, filed complaints, opened investigations and health concerns of facilities all throughout Illinois. We gather this information from national and state publicly available databases and publish our results to help families in making the best informed decisions.

Comparing Chicago Area Nursing Facilities

The detailed list below was assembled by our Cook County nursing home lawyers who have reviewed records posted on Medicare.gov. These facilities currently maintain a one star rating out of five possible stars due to one or more serious health concerns at their nursing home. In addition, our law firm has posted our primary concerns that outline a specific case.

WARREN BARR SOUTH LOOP
1725 South Wabash
Chicago, IL 60616
(312) 922-2777
A “For-Profit” 197-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars

1 star rating
Primary Concerns –

Failure to Follow Protocols to Minimize the Potential of Cross Contamination and Spread of Infection in the Facility

In a summary statement of deficiencies dated 10/15/2015, a complaint investigation against the facility was opened for its failure to “follow their infection control policy and [a failure] to provide proper glove usage and hand hygiene during one incontinence care for a resident at the facility reviewed for handwashing.” The complaint investigation also involves the facility’s failure “to ensure visitors [wear PPE] personal protective equipment before entering a designated isolation room [of a resident].”

The state surveyor reviewed the facility’s Health Record and Infection Control Log dated 10/09/2015 which indicated that a resident at the facility “continued with isolation precautions for ESBL of urine and sputum and Vancomycin-resistant enterococci infection (VRE).”

The state surveyor noted on 10/09/2015 at 3:35 PM that a Certified Nursing Assistant “provided incontinence care” to a resident using “a wet terrycloth towel to wipe stool from and around [the resident’s] rectum and buttocks [using] the same gloves used to clean the stool from [the resident].” In addition, the CNA “took two packets of ointment off the top of the dresser, open one of the packets and squeeze the ointment out of the same gloves and apply the ointment around [the resident’s] buttocks near the dressing covering a Stage II sacral wound.] Using the same gloves, the CNA then “placed the second packet back on top of the dresser and proceeded to touch the side rails, reposition bedsheets and touch to feeding pump before removing her gloves and washing her hands.”

The state surveyor conducted in 10/09/2015 interview with the facility’s Assistant Director of Nursing/Infection Control Coordinator who indicated that the CNA “should have changed her gloves and wash her hands after providing incontinence care and apply new gloves before continuing with care.”

The 10/13/2015 Nursing Progress Note indicates the family visited the resident at bedside and that “two visitors were noted to be sitting in [the resident’s] room. One visitor was sitting on a chair next to [the resident’s] bed and one visitor was sitting on the air vent near the window – neither visitor was wearing Personal Protective Equipment (PPE), gown or gloves.” One visitor indicated that “she visits almost every day and had never been told about wearing a gown or glove when in [the resident’s] room.” The visitor also stated that staff members “have come in while they are sitting there and did not tell them to put gloves or gown on.”

Our Chicago elder abuse attorneys recognize it any failure to follow protocols to minimize the potential of the spread of infection throughout the nursing home has the potential of harming every resident at the facility. The deficient practice of not following protocols when providing treatment and not ensuring residents where appropriate Personal Protection Equipment might be considered mistreatment or negligence. Additionally, Illinois nursing home lawyers recognize that the nursing staff failed to follow their own 07/01/2015 policies and procedures, especially the one titled: Infection Control Program that reads in part:

“A transmission based precautions set up will be provided outside the resident’s room to provide Personal Protective Equipment (PPE) like gowns and gloves to staff and visitors entering the resident’s room.”
“Handwashing for 15 to 20 seconds will be required for all staff after direct patient contact and after each situation that necessitates handwashing.”

“All records of infections will be analyzed for presence of outbreaks. Trends will be investigated, correlated and corrected.”

KENSINGTON PLACE NURSING AND REHABILITATION
3405 South Michigan Avenue
Chicago, IL 60616
(312) 791-0035
A “For-Profit” 155-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide Necessary Care and Services to Ensure That the Resident Maintains Their Highest Well-Being

In a summary statement of deficiencies dated 03/20/2015, a complaint investigation against the facility was opened for its failure to “notify the physician of abnormal x-ray results and [a failure] to notify the physician of critical high/low [medications] level upon receipt from the laboratory.” These failures directly affected one resident at the facility “reviewed for a change in condition.”The complaint investigation was initiated because the failure resulted in the resident “being sent to the hospital for evaluation and [assessment].”

The complaint investigation was initiated after review of resident’s records indicated that no notations were made in a resident’s reports indicating that the physician was notified of the change of the resident’s condition.

On 01/12/2015, the facility’s Registered Nurse became aware through a fax and phone call from the laboratory that test results indicated the resident’s diagnostic levels were critically high, and yet the Registered Nurse failed to document that the physician was notified.

Again on 02/09/2015, a LPN at the facility in charge of the resident’s care received a phone call and a fax from the laboratory indicating that the resident’s diagnostic level results indicated they were “critically high.” Once again, there was no documentation that the resident’s physician had been notified.

On 03/16/2015, the Registered Nurse at the facility received a phone call and fax from the laboratory indicating that the resident’s diagnostic results indicated that they were critically low.
The state surveyor conducted a review of the resident’s 01/12/2015, 02/09/2015 in 03/16/2015 Progress Notes that revealed no indication of the resident’s physician being “notified of the abnormal lab results the following day. The progress notes do not indicate [the resident’s] physician was notified at all regarding the abnormal lab results on 01/13/2015.

The state investigator reviewed the resident’s February 2015 MAR (Medication Assessment Record) that revealed that the resident’s oral medication from 02/12/2015 through 02/13/2015.

The state surveyor conducted a review of the 02/15/2015 Safety Event Notes that revealed that the resident “was found on the floor difficult to arouse. [The resident’s] neurological assessment notes [indicate that the resident] was lethargic/drowsy, did not perceive the environment fully, responded to stimuli appropriately but slowly with delay.”

The state surveyor conducted a review of the resident’s “right hip and femur x-rays report dated 02/15/2015 notes [indicated] arthritic changes with suspicious deformity of the sub capital region of the neck of the right femur.” However, reviewing the resident’s 02/15/2015 and 02/16/2015 Progress Notes reveal that there was no indication “that [the resident’s] physician was notified of [the resident’s] x-ray results.”

The state investigator conducted a 03/18/2015 2:30 PM interview with the facility’s attending physician who “denied being notified of x-ray results dated 02/15/2015 and stated this is the first time hearing that it was suspicious for right femur fracture.” The physician also stated that the resident “should have further workup for this at that time […and] that [the resident] is receiving [their medications] to prevent [this] from occurring […and] that [the resident’s] falls on 1/25, 1/27, and 02/15/2015 could have been due to [the resident] not receiving [their medication] as ordered.”

Our Chicago elder abuse attorneys recognize that any failure to follow protocols and provide necessary services and care to ensure a resident maintains their highest well-being could be seen as neglect or mistreatment. In addition, the deficient practice fails to follow the established protocols, policies and procedures adopted by Kensington Place Nursing and Rehabilitation Center.

COMMUNITY CARE CENTER
4314 South Wabash Avenue
Chicago, IL 60653
(773) 538-8300
A “For-Profit” 204-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Train Nursing Staff on the Proper Use of Transfer Mechanical Devices That Resulted in a Resident Falling and Suffering Injury

In a summary statement of deficiencies dated 12/01/2015, a complaint investigation against the facility was opened for its failure to “ensure proper technique was utilized to prevent a fall accident.” This deficient practice directly affected one resident at the facility who “requires a mechanical lift for transfer to and from a recliner, chair and bed. The failure resulted in the resident “sustaining a subdural hematoma.”

The complaint was filed in an investigation initiated because the facility’s 11/19/2015 Progress Note indicates that a Certified Nursing Assistant reported to a facility’s nurse that the resident “fell to the floor during a transfer from the portable recliner while using the mechanical lift. Small amounts of clotted blood observed at [the resident’s] lower lip.” The facility’s attending physician “was in the facility and gave orders to send [the resident] out to a nearby hospital emergency room for further medical evaluation.”
The state surveyor conducted a review of the 11/24/2015 3:05 PM hospital records indicating that the Hospital Social Worker stated that the resident “was transferred to us from the first hospital […and] was admitted with a subdermal hematoma and she bit her tongue.” The resident was then transferred to the Intensive Care Unit and remained in the hospital. “The hospital CT (computerized tomography) exam results dated 11/19/2015 indicate [the resident] sustained an acute left subdural hematoma and a large subgaleal hematoma overlying the posterolateral right scalp.”

On 11/24/2015 at 3:15 PM, the facility’s Assistant Director of Nurses (ADON) stated that the nurse “call me. She told me [the resident] fell from the mechanical lift. They said they were transferring her [the resident] from the recliner to the bed [when the resident] walked backwards and fell. They were more focused on the recliner instead of the mechanical lift.”

The state surveyor asked the Certified Nursing Assistant (CNA) in charge of providing care to the resident “yes she received training on how to use the mechanical lift prior to the incident.” The CNA replied “No, I just got in-serviced [trained] on that this past Saturday.” A review of the nurse’s personnel file “includes a CNA [the CNA]. This checklist includes use of equipment (mechanical lift and reporting all accidents and incidences immediately.”

Our Chicago nursing home abuse attorneys recognize it failing to follow protocols including training the nursing staff on how to transfer residents using mechanical equipment in a safe manner might be considered negligence or mistreatment. The deficient failure caused serious injury to the resident.

MID AMERICA CARE CENTER
4920 North Kenmore
Chicago, IL 60640
(773) 769-2700
A “For-Profit” 310-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars

1 star rating
Primary Concerns –

Failure to Inform a Resident’s Physician of a Drug Error Involving Missed Doses of Their Medication

In a summary statement of deficiencies dated 12/10/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “notify the physician regarding missed doses of medication.” This deficient practice directly affected one resident at the facility reviewed for quality of care.” The failure to perform basic standards of care have a direct effect on the health and well-being of the resident.

The deficient practice was noted after the state surveyor reviewed medical records of a resident, including the resident’s MAR (Medication Assessment Record) and Nurse’s Notes that do not reveal that the resident refused to take the medication on 11/22/2015 and 11/24/2015.” Although the dose was missed, “the facility did not notify [the resident’s] physician regarding the missed doses.”

The day after the second dose administering was missed, the resident’s blood was drawn to determine specific diagnostic levels that return in a result low.” On 11/26/2015 the resident’s Physician Order Sheet (POS) documents that the medication dose was increased in the morning and in the evening. There was no notation made that the resident refused to take the medication and once again, “the facility did not notify [the resident’s] physician regarding the missed dose.” On 11/30/2015, the resident’s blood was drawn again and the result once again show that the diagnostic tests revealed specific levels were “critically low.”

The state surveyor conducted at 11/30/2015 review of the resident’s nurse’s notes documenting that the resident’s medications “had not been given on the dates when the medication was not initialed. In response, the Registered Nurse in charge of providing care stated “with each dose that is missed or not given, then the physician should be notified.”

The state surveyor conducted a 12/09/2015 2:15 PM interview with the resident’s physician who stated “if patient is taking medication as prescribed, chances are much less [that a change in their medical condition would occur].”

The state surveyor conducted a full review of the resident’s complete care plan that was submitted by the facility’s Director of Nursing that indicates the resident “does not have a Care Plan to address [his specific medical condition].”

Our Chicago nursing home attorneys recognize the failing to follow protocols when medication errors occur could have a potentially dangerous outcome to the health and well-being of the resident. The deficient practice by the facility does not follow the established policies, procedures and protocols adopted by Mid America Care Center and might be considered negligence or mistreatment. Specifically, the facility failed to follow their April 2010 policy titled: Administering Medication that reads in part:

“Medication shall be administered in a safe and timely manner, as prescribed […and]
Medications will be administered in accordance with the orders, including any required timeframe.”

PARKSHORE ESTATES NURSING AND REHABILITATION
6125 South Kenwood
Chicago, IL 60637
(773) 752-6000
A “For-Profit” 318-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars

1 star rating
Primary Concerns –
Failure to Follow Protocol to Ensure No Medication Errors Occur When Given the Responsibility to Administer the Resident Their Antipsychotic Medication

In a summary statement of deficiencies dated 02/05/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “administer antipsychotic medication as ordered by the physician and keep an accurate updated medication administration record for [a resident at the facility] reviewed for antipsychotic medication.”

The deficient practice was noted after the state surveyor reviewed a resident’s records and Progress Notes dated 01/21/2015 indicating the resident “was observed throwing a chair in the dining room which hit [another resident] in the head resulting in a laceration.” The progress note of the aggressive resident indicates that that resident “was sent to the local hospital for psychiatric evaluation.” A previous Progress Note of the resident dated 01/19/2015 indicates that the resident “was involved in a verbal altercation with [another resident] and was placed on a 1:1 observation.” The aggressive resident’s 01/19/2015 Behavioral Note “indicates resident has been exhibited increasing instability, and presents with delusions of paranoia and hallucinations.”

The state surveyor reviewed the resident’s MAR (Medication Assessment Record) dated between 02/01/2015 and 02/20/2015 that includes the initials on dates including February 1, February 2 and February 3 of 2015 indicating that the resident received a variety of medications. However, the MAR “does not include initials on the first three days of February for their anti-psychotic medication as ordered by their physician.

The state surveyor conducted an interview with the LPN in charge of providing the resident their medication where she revealed “you forgot to initial the medication as given despite the observation that medication was initialed above and below the medication not initialed is given.” The LPN was unable to explain how the medication “was administered to [the resident] when it was not listed on the MAR.”

WATERFRONT TERRACE
7750 South Shore Drive
Chicago, IL 60649
(773) 731-4200
A “For-Profit” 118-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars

1 star rating
Primary Concerns –

Failure to Ensure That Residents Not Requiring a Catheter Do Not Receive a Catheter

In a summary statement of deficiencies dated 01/29/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “have documentation of an indication for an indwelling catheter. This deficient practice directly affected one resident at the facility.
The deficient practice was noted after an observation of a resident “sitting in the wheelchair near a [resident’s room] with Oxygen in use per nasal canola at two liters. [The resident] has an indwelling catheter attached to the wheelchair contained in a privacy bag. [The resident’s 01/21/2015 Physician Order Sheet (POS)] states, ‘May insert indwelling catheter, catheter care every shift, and drainage bag changed twice monthly’.”

However, the state surveyor conducted a full review of the resident’s Physician’s Notes dated 10/23/2014 and 12/04/2015 “is without any change of condition.” Additionally, the resident’s Care Plan between 08/20/2014 and 01/20/2015 “is without documentation of [the resident] having an indwelling catheter or change in treatment plan regarding the catheter.”

The resident’s nurse’s notes for 01/27/2015 indicate that the facility’s Medical Director “was called for clarification of the indwelling catheter.” Two days later, the medical doctor responded that the resident “has a decreased urine output, just not putting out urine. [If the resident] does not have the catheter than [the resident] will have the incontinent briefs on and get bedsores from being wet. We have to have some means of keeping [the resident] from getting bedsores. During the interview [the Medical Director] does not present any new [diagnoses, but states] Does [the resident] still have a catheter now, what is your output like now?”

The state surveyor made a notation that the current records for the resident’s chart “is without proper documentation of [urine intake/output]. [The] intake and output record is without a month being indicated and the date on the sheet is starting at [the last half of the month]. There is no intake documentation for this period of time and the output is starting from [the 21th through the 28th of the month]. No other documentation received regarding [the resident’s] intake/outtake for the survey.”

Our Chicago Illinois elder abuse attorneys recognized the failing to follow protocols when providing care to residents requiring extra services could cause significant harm. In addition, using an indwelling catheter without proper documentation and authority might be considered negligence or mistreatment.

CHALET LIVING AND REHABILITATION
7350 North Sheridan Road
Chicago, IL 60626
(773) 274-1000
A “For-Profit” 219-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars

1 star rating
Primary Concerns –

Failure to Provide Necessary Care and Services to Ensure the Resident Maintains Her Highest Well-Being

In a summary statement of deficiencies dated 08/17/2015, a complaint investigation against the facility was opened for its failure to “provide pain medication as ordered for [a resident at the facility] review for pain management and proper nursing care.”

The complaint investigation was initiated after an observation of a resident on 08/15/2015 noted that the resident was “lying in bed on [their] right side in a fetal position and reported not feeling well [with] facial expressions appear distressed. [The resident’s] lunch tray was still present and uneaten [with the resident reporting] not feeling like eating or talking.”

The following day at 9:20 PM the resident “was lying in bed on [their right side] in the fetal position and complained of right side abdominal pain almost constantly […and] stated medication was given but was ineffective. When asked if [the resident] had told the doctors or nurses about ongoing pain, [the resident] stated they all act like they do not hear me.”

The state surveyor reviewed the resident’s Progress Note written by the resident’s physician on 09/04/2015 indicating the resident “has pain level: 10. Pain on the whole right side. Patient wants an injection today. Plan: palliative care.” A review of the resident’s 08/04/2015 pain medication orders signed by the resident’s physician indicate that “no notation was present indicating the orders were carried out.”

The state surveyor conducted a review of the resident’s MAR (Medication Assessment Record) over an 11 day timeframe beginning on 09/04/2015 through 09/14/2015 that included “pain level assessments as reported by [the resident] at levels of 7 to 9 on a scale of 0 to 10 with 10 being the most severe.” The report also indicates that “each day on the 7/3 shift with a pain score of nine out of 10 of 10 days recorded. Pain levels recorded for all shifts during the 11 days (09/04/2015 to 09/14/2015 (33 shifts total) included two shifts not recorded, for scores of zero pain, one score of level for pain and the remaining 26 shifts with scores of 5 to 9.

The state surveyor conducted an interview with the facility’s Director of Nursing on 08/16/2015 who stated “the nurses are expected to monitor [the resident’s] pain levels and request a pain consult with ongoing pain [and that the physician] may not have flagged the Physician Order Sheet (POS) page to alert staff that a new order was written.” The Director of Nursing also stated “the expectation is that a nurse would follow up with what the physician wanted or ordered, or would call the primary physician if the resident had no relief or no action (orders) had been taken.”

Our Chicago Illinois elder abuse attorneys recognize that failing to follow protocols and procedures concerning keeping a resident’s pain under control causes additional harm. This deficient practice might be considered negligence or mistreatment because it does not follow the established policies adopted by Chalet Living and Rehabilitation, especially the facility’s 02/10/2014 Policy Titled: Pain Assessment and Management Protocols that reads in part:

“It is the policy of this facility to screen and assess its residents for pain on admission, quarterly and as needed for effective, safe and individualized management of pain through comprehensive assessment and care planning.

Physician Communication: nurse shall report to the resident’s physician the following; ineffectiveness of pain management.”

CLARK MANOR CONVALESCENT CENTER
7433 North Clark Street
Chicago, IL 60626
(773) 338-8778
A “For-Profit” 267-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars

1 star rating
Primary Concerns –

Failure to Secure the Environment to Prevent Wandering Elopement by Residents Who Are Cognitively Impaired

In a summary statement of deficiencies dated 09/24/2015, a complaint investigation against the facility was opened for its failure to “have functioning electronic wander devices, ensure and exited door was secure and staff monitor residents on a regular time interval to prevent the elopement of cognitively impaired residents.” This deficient practice applies to two residents at the facility who are “reviewed for elopement.”

The complaint investigation was initiated after it was revealed that on 08/12/2015 at approximately 4:00 PM two residents at the facility eloped from the premises. One resident “was found by the Chicago Police Department [that same day] at approximately 6 PM with minor injury to the head (contusion) and abrasion to the left knee. [That resident] was taken to the hospital emergency room, treated and released to the facility on 09/12/2015. [The other resident] return to the facility on his own [at] 4:00 AM on 09/13/2015.”

State surveyor conducted a review of both resident’s face sheets and physician’s orders. The female resident has a history of attempting elopement and both resident’s “reside on the third floor which is a locked unit […and] have electronic alarm devices attached to their bodies to alert staff as they leave the building.”

These reports also indicate that “residents on the third floor are to be checked every 30 minutes.” However, both resident’s “were not checked by the staff [two Certified Nursing Aides who] were terminated from employment for failing to monitor [both residents and] could not be contacted during the investigation.”

The initial investigation conducted by the facility did “not determine which door on the first floor [both resident’s] left the facility. No staff on the first floor during the elopement responded to the [Wander Guard] activation [when the resident’s] let the facility.”

The state investigator conducted an interview with the facility’s Administrator on 08/21/2015 who stated that the CNAs “failed to properly supervise and monitor [the residents]. It is not known how [the residents] eloped from the building with electronic alarm devices on their bodies.

It was noted that the “third floor did not close properly after someone entered the third floor from the stairwell. The door alarm did not reset. The facility cameras monitoring system is not functioning.”

Our Chicago elder abuse lawyers recognize that failing to take effective measures to ensure residents remain safe and contained in the environment could cause additional harm if the resident wanders from the facility. The deficient practice that allowed to residents to elope from the premises might be considered negligence, mistreatment and/or abuse.

GRANDE PRAIRIE HEALTH AND REHABILITATION CENTER
10330 Prairie Ridge Blvd
Pleasant Prairie, WI 53158
(262) 612-2800
A “For-Profit” 118-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars

1 star rating
Primary Concerns –

Failure to Follow Protocols to Report and Investigate Any Act or Allegation of Abuse, Neglect or Mistreatment of Residents

In a summary statement of deficiencies dated 12/08/2015, a complaint investigation was opened against the facility for its failure to “immediately report [at incident] of abuse lacks neglect/injuries of unknown origin to the State Agency. The facility did not submit to the State Agency, results of an investigation into this incident within five working days of the incident.”

The complaint investigation was initiated after a resident was “transferred with a full body mechanical lift with one assist instead of the required two assist on 11/27/2015, putting [the resident] at risk for serious injury. The incident was not reported to the State Agency.”

At 3 PM on 12/04/2015, the state surveyor interviewed the CNA who indicated that “she did not have anyone to help her transfer [the resident on 11/27/2015] because one of the CNAs was on lunch and she could not find the nurse [and that] she was trained by the facility to use assistive with all mechanical lift transfers in the future she will always used two.”

The surveyor conducted a 12/04/2015 11 AM interview with the facility’s Director of Nurses who indicated that a CNA at the facility transferred the resident “with a full body mechanical lift by herself and she should have had another person assist her, as this was facility policy.” The Director of Nursing stated that a family member of the resident “brought the concern to the facility’s attention and [the CNA] was reeducated regarding the facility’s policy to have two people assist with mechanical lifts [… however] the incident was not reported to the State Agency as he was unaware he needed to report it.”

The state surveyor conducted a 12/04/2015 review of a CNA’s “action record dated 11/27/2015 provided by [the facility’s Director of Nursing] which read: [the CNA] came to the nurse complaining that her coworker was on a break causing her to have to transfer [the resident] along with the lift. Family was upset. Corrective action read: [the CNA] will follow lift procedure for safety. Two staff at all times.”

Our Pleasant Prairie, Wisconsin nursing home neglect attorneys recognizing any failure to follow procedures, protocols and policies providing care to residents who require additional services might be considered negligence or mistreatment. In addition, the deficient practice of not reporting the failure to the state agency violates both federal and state nursing home regulations. Our attorneys recognize that Grande Prairie Health and Rehabilitation Center failed to follow its own June 2013 policy titled: Abuse and Neglect that reads in part:

The facility will report all allegations and substantiated occurrences of abuse, neglect, injuries of unknown origin and misappropriation of property to the State Agency and law enforcement officials as designated by state law.”

Seeking Financial Recompense through a Chicago Nursing Home Abuse Lawsuit

Successful personal injury attorneys working on behalf of nursing home victims will demonstrate how the facility or its employees acted irresponsibly, negligently or with intent to cause harm. In doing so, our Chicago nursing home neglect attorneys can ensure that all parties responsible for causing damage are held legally and financially accountable. The lawyer will seek damages through a lawsuit or claim that usually include medical expenses, disability, disfigurement, pain and suffering and other losses. Many of the grounds to seek financial recompense by filing a nursing home negligence/abuse claim or lawsuit involve:

  • Negligent Hiring – Nursing facilities are legally obligated to their residents to ensure that all personnel hired for any position has the proper qualifications and requisite academic degrees to fulfill the duties of their job. In addition, the newly employed member of the staff cannot have a history of abuse. If the nursing home neglect to perform necessary background checks and one or more residents are harmed as a result, the establishment, Administrator, Director of Nursing and other nursing staff members can be held legally liable.
  • Understaffing – Often times, neglect in nursing facilities is the result of understaffing at the expense of residents who become vulnerable and open to mistreatment and neglect. Inadequate staffing levels where the staff-to-resident ratio is extremely low places a heavy burden on Registered Nurses, Wound Nurses, Licensed Practical Nurses, Certified Nurses’ Aides and others who are often overworked or underpaid.
  • Lack of Training – If the nursing staff is inadequately trained in providing the medical needs and health assistance the level of care they provide is often not sufficient to ensure the safety and well-being of every resident. Often times, lack of training by the medical and nursing team will cause direct harm where the resident suffers injuries, is given the wrong medication, becomes the victim of cross contamination caused by spreading infections or other serious problem in the nursing home.
  • Breach of Regulatory Rights – Every member of the nursing staff is required to ensure that the residents maintain their rights to privacy, dignity and autonomy. Any violation of these rights victimizes the resident and causes them harm.
  • Drug Administration Errors – Residents can be seriously harmed if the individual is not provided the right drug, or is given the correct drug at the wrong dosage or not provided the medication as ordered by their physician.
  • Physical or Emotional Abuse – Any type of abuse committed in a nursing facility is a crime. Many nursing home residents become the victim of physical abuse caused by physical contact, overmedication, force-feeding, or excessive or unnecessary use of physical/chemical restraints.

Hiring a Chicago Nursing Home Neglect Lawyer to Represent Your Family or Loved One

If you suspect your loved one is being neglected, mistreated or abuse while residing in any nursing facility in the Chicago metropolitan area, it is essential to take immediate legal steps to stop the harm now. The Cook County nursing home abuse attorneys at Rosenfeld Injury Lawyers have represented many victims vulnerable to the abusive, negligent or reckless treatment of nursing home staff and other residents. Our Illinois team of dedicated skilled attorneys have years of experience in handling cases involving negligence, abuse and mistreatment occurring in nursing facilities throughout the Chicago metropolitan area.

Contact our Chicago elder abuse law offices today at (888) 424-5757 to schedule your free, no obligation full case review. All information and details you share with our law firm remains confidential. No upfront fees are required. All of our legal services are paid only after we obtain financial compensation on your behalf through a successful nursing home neglect lawsuit or after negotiating an acceptable amount of recompense through an out of court settlement.

For additional information on Illinois laws and information nursing homes look here.

If you are looking for information on a specific facility or an attorney, please see links below to respective locality pages.

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