Many families entrust the care of their loved one to the staff at a nursing facility to ensure they receive compassionate care in a safe environment. Mistreatment of the elderly in nursing homes is unacceptable, reprehensible and disgraceful. Abuse or neglect of the patients often results in serious harm or unexpected death.
If you suspect that your loved one has been mistreated while residing in a St. Clair County nursing facility, contact the Illinois Nursing Home Law Center attorneys for immediate legal intervention. Our team of Chicago nursing home lawyers has successfully resolve cases just like yours and can help your family too. Contact us now so we can begin working on your case today to ensure your family receives adequate financial compensation to recover your monetary damages.
This facility is a 53-certified bed "for profit" long term care home providing services and cares to residents of New Athens and St. Clair County, Illinois. The Medicare/Medicaid-approved long-term care (LTC) center is located at:
203 South Johnson Street
New Athens, Illinois, 62264
(618) 475-2550
The investigators for the state of Illinois and federal nursing home regulatory agencies have the legal responsibility of penalizing any facility that has violated rules and regulations that harmed or could harm a resident. These penalties often include monetary fines and denying payment of Medicare services. Typically, the higher the penalty, the more egregious the problem.
Within the last three years, New Athens Home for the Aged Nursing Home has received two formally filed complaints that resulted in citations. Additional information about penalties and fines can be found on the Illinois Department of Public Health Nursing Home Reporting Website concerning this nursing facility.
The Illinois and federal government nursing home regulatory agencies routinely update their care home database system. The sites post a comprehensive list of all dangerous hazards, filed complaints, safety concerns, health violations, opened investigations, and incident inquiries. This information can be found on numerous websites 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 two out of five stars concerning health inspections, one out of five stars for staffing issues and two out of five stars for quality measures. The St. Clair County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at New Athens Home for the Aged Nursing Home that include:
In a summary statement of deficiencies dated June 17, 2016, the state investigative team noted that the facility had failed to “assess and document the risks versus benefits for the use of restraints for one of three residents reviewed for restraints.”
The investigation involved a review of a resident’s Bed Rail/Assist Evaluation dated May 16, 2016. The document reveals that the resident “has two upper side rails to help promote independence with bed mobility and positioning.” The resident’s Bed Rail Assist Evaluation also documents [the resident] has decreased trunk strength and poor gait.” However, the evaluation form “does not document the risks versus benefits for the use of side rails.”
On June 14, 2016, at 1:30 PM, an observation was made of the resident “while lying in her bed on her back to the full side rails up with padding.” The resident “also had bolsters on her bed.” Two days later at the same time, “during passive and active range of motion, [the resident] was able to raise both arms and raise both of her legs.”
The resident “was found with a 1.2 cm x 4.0 cm bruise to her nose.” The surveyors reviewed the Investigative Report dated November 10, 2015, that shows that the resident “is combative during care, and she could have hit her nose on the side rail.”
The investigative team interviewed the Assistant Director of Nursing that afternoon who said the resident “was in another room on a low air loss mattress. When she was moved to this room without the low air loss mattress, her side rails were not removed, but we will remove them now.” The investigative team reviewed the facility’s policy titled: Restraint Policy/Physical that reads in part:
“Restraint use must be the least restrictive device and be the result of documented alternatives tried [before] application. Documentation also included the consideration of risks of use versus the benefit of use.”
In a summary statement of deficiencies dated March 15, 2018, the state investigators documented that the facility had failed to “implement safety measures in the bathroom for two of seven residents reviewed for falls.”
The resident’s Electronic Medical Record dated March 1, 2018, and Investigation Report for Falls dated February 23, 2018 documents that “a Certified Nursing Assistant (CNA) was assisting [the patient] in the bathroom, and there was water on the floor. The CNA fell to the floor, and the resident fell backward onto the CNA.”
The resident’s Investigation Report also revealed that the patient stated that “Before I knew it, I [landed] on that girl.” The form also notes that “employees were educated to properly dry the floor before attempting to transfer the resident.”
The investigators reviewed the resident’s Care Plan does not document fall interventions given on March 13, 2018.” During an interview with the facility Director of Nursing it was stated “she really did not have a fall, she fell because the CNA fell. We do not have a Care Plan here, and it documents the fall.”
The resident’s Investigation Report shows that the patient “had a fall and the patient denied any pain or injury. The CNA was assisting the resident in the bathroom [and] water was on the floor, and the resident fell to the floor on her buttocks.” The investigator stated that “based on observation, interview and record review, the facility failed to implement interventions to prevent falls.”
In a separate summary statement of deficiencies dated April 14, 2017, the state investigative team noted that the nursing home “failed to ensure water temperatures were maintained at a safe level in areas acceptable to cognitively impaired, mobile residents.” The deficient practice by the nursing staff involved one of ten residents.”
The survey team stated that starting at 8:30 AM on April 12, 2017 “water temperatures were monitored throughout the facility using a calibrated digital metal-stem thermometer.” At that time, one resident’s “hot water temperature was taken with a metal-stem thermometer at the hand sink and registered 118.2°F.” Five minutes later, another resident’s “hot water temperature was taken… and registered 118.7°F.” The surveyors asked the resident if her water gets hot. The resident replied, “Yes.”
Additional resident’s rooms are checked for exceptionally high-water temperatures. One resident’s room measured 122°F water temperature. The resident Council President stated “I have really hot water in my room. It’s hot, but I just adjust the cold water, and it is okay.”
The investigative team interviewed the Maintenance Director on the afternoon of April 12, 2017, who stated, “No, I am not taking water temperatures every day. The schedule says I only have to take temperatures one time a month. No, I am not aware of any room being hot. I try and spot check water temperatures. I will make sure I checked those rooms. I know one side of the hall can get hotter than the others.”
In a summary statement of deficiencies dated May 15, 2018, a state investigator noted the nursing home's failure to “provide incontinence care, catheter care, and assistance with feeding in a manner which prevents the spread of infection for four of fifteen residents reviewed for infection control.”
Observations were made of a resident in the early afternoon of March 14, 2018 while “lying in feces.” A Certified Nursing Assistant (CNA) “took a cloth and put it into a bedside bin to moisten [before using the cloth to wipe] the feces off [the resident]. The CNA “put the contaminated wipe into a bag without changing gloves, but another wipe into the water in the bedside been to moisten and continue to clean wipe being from clean to dirty.”
A day earlier just after noon in the dining room, a different CNA “touched [another resident’s] chair pushing or a closer to the table, then without wearing gloves or using hand sanitizer put [the resident’s] bread on the wax paper and held it down with her hands by the edges of it.” That CNA “then presented the bread to [the resident].”
A few minutes earlier, a third CNA held a different resident’s “bread in ungloved hands, buttered the bread and handed it to [that resident, before continuing] put her hands and her hair and assess the resident’s while at the dining room table.”
The investigators interviewed the facility Director of Nursing who said “this is why we have cellophane wrappers around the bread. They are supposed to use the wrapper when buttering the bread and not touch it.” The investigative team reviewed the facility’s policy titled: Infection Prevention Hand Hygiene dated June 3, 2017, policy titled: Hand Washing and Hand Antisepsis that read in part:
“Effective hand hygiene removes transit microorganisms, dirt, and organic material from the hands and decreases the risk of cross-contamination from residents, resident care equipment, and the environment.”
“Hand hygiene is the single most important strategy for preventing the spread of infections in long-term care facilities.”
“Antisepsis: Wash hands with non-antimicrobial soap and water when visibly dirty or contaminated with proteinaceous material, or visibly soiled with blood and body fluids; before having direct contact with the residents; before inserting devices such as a urinary catheter; after removing gloves.”
The investigators interviewed the Director of Nursing who stated that “she expects CNAs to perform catheter care by washing away and never toward the patient, change soiled gloves, and follow the facility’s policy.”
In a separate summary statement of deficiency dated April 14, 2017, the state investigator documented that the nursing home had “failed to follow standard infection control practices and hand hygiene for two of five residents observed for infection control.”
The investigation involved a review of a resident’s MDS (Minimum Data Set) Assessment that revealed the patient is often “incontinent of bladder and occasional incontinent of bowel.”
The survey team observed two Certified Nursing Aides (CNAs) on the afternoon of April 13, 2017, assisting the resident “to bed for incontinent care.” One CNA removed the resident’s “adult brief.” However, that CNA “did not change gloves.” A few minutes later, the other Certified Nursing Aides washed the patient’s “perineal area, removed gloves and did not wash hands or perform hand hygiene before cleaning [the resident’s] rectal area.”
Not long after, the CNA was asked if the resident’s “adult brief was wet with urine.” The CNA turned to the resident “and stated in an undignified and demeaning tone, ‘you should not have been wet! I should have changed my gloves and did not.”
Do you suspect that your loved one has been injured or harmed while living at New Athens Home for the Aged Nursing Home? If so, call the Illinois nursing home abuse and neglect lawyers at Nursing Home Law Center at (800) 926-7565 for legal help. Our network of attorneys fights aggressively on behalf of St. Clair County victims of mistreatment living in long-term facilities including nursing homes in New Athens. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim.
Allow our reputable attorneys to handle every aspect of your compensation claim against every individual or entity that caused harm to your loved one. Our years of experience in handling nursing home abuse recompense claims can ensure a successful resolution of your case. We accept every case concerning wrongful death, nursing home abuse, and personal injury through a contingency fee arrangement. This agreement 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.
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Attorney Jonathan Rosenfeld
Licensed in Illinois
Chicago Nursing Home Injury Attorney Nursing Home Law Center LLC Home