Unfortunately, sexual assaults in nursing facilities in the state of Illinois are not uncommon occurrences. Often times, the victims are cognitively impaired or suffer some disability that prevents them from fighting back or speaking out against the perpetrator. In many incidences, had the nursing facility provided adequate supervision and ongoing monitoring, most cases of sexual assault to the victims could have been prevented. The elder abuse attorneys at Rosenfeld Injury Lawyers have represented many abused and sexually assaulted patients who reside at Illinois nursing homes like Aperion Care of Chicago Heights.Aperion Care of Chicago Heights
This facility is a 200-certified-bed ‘for profit’ Medicare/Medicaid-participating Center providing nursing services to residents of Chicago Heights and Cook County, Illinois. The nursing home is located at:
490 West 16th Pl.
Chicago Heights, IL 60411
Along with providing skilled nursing care, the facility also offers:
- Pain management
- Speech, occupational and physical therapies
- Diabetes management
- Medication management
- Substance abuse programs
- Symptoms/behavior management
Both the federal government and the state of Illinois routinely update their nursing home database systems to reflect every safety concern, health violation, filed complaint and opened investigation. This information can be found on numerous websites including Medicare.gov.
Currently, Aperion Care Chicago Heights maintains an overall three out of five available rating in the nationwide Medicare star rating summary comparison analysis system. This includes five out of five stars for quality measures, three out of five stars for health inspections and one out of five stars for staffing issues. The Cook County nursing home neglect attorneys at Rosenfeld Injury Lawyers have found serious deficiencies and safety concerns at this facility that include:
- Failure to Notify a Resident’s Responsible Party of a Change in Their Condition Including a Decline in Their Health or Injury
In a summary statement of deficiencies dated 07/21/2016, a state investigator noted a deficient practice during an annual licensure and certification survey concerning the facility's failure to "obtain a contact number and notify the responsible party or family of an alleged rape and involuntary psychiatric hospital admission.”
The findings of the state investigator were first noted on the morning of 07/20/2016 and a family member “stated the facility never notified anyone about the rape or that [the resident] was sent to the psychiatric hospital on 06/26/2016” nearly a month after the incident occurred. The family member “found out about it on 07/05/2016 that [the resident] was in the hospital [...and] stated [that the resident] is currently in the hospital for another psychiatric episode and cannot be reached by phone.”
The 06/21/2016 Hospital Face Sheet for Admission documents the home phone number, which is the same contact number used to reach [the family member].” The facility’s 06/24/2016 Inter-Agency Certification of Screening Results revealed that the resident “has been receiving various community mental health services since January or February 2015, [...and that the resident] has poor judgment placing self and others at risk, and due to the diagnosis of mental retardation/developmental disability and mental illness, [the resident] has shown several impairments when trying to make proper decisions and having proper judgment.”
The 06/26/2015 Nursing Progress Notes revealed that at approximately 9:20 PM, the resident “stated she had been sexually assaulted by a peer [who was later identified].” Both residents “were placed on supervision until transported to the hospital. The physician and police were notified. IDPH [Illinois Department of Public Health] was notified of the allegation” that evening, “two hours after the facility was made aware of the allegation”.
- Failure to Develop, Implement, and Enforce Abuse Policies
In a summary statement of deficiencies dated 07/12/2016, a complaint investigation was opened against the facility for its failure to "follow their Abuse Prevention Policy to identify those at risk for abuse.”
The state investigator noted that the resident’s 03/21/2016 social service history That documents the resident “has a history of being abused by a relative.” The facility’s 04/08/2016 Progress Note documents of the resident “was the victim of a physical altercation by another resident.” The facility’s 07/01/2016 Abuse Investigation documents that the resident “made an allegation of sexual abuse against another resident.”
As a part of the investigation, it was noted that the resident’s entire Care Plan was reviewed and it does not contain any Plan of Care addressing the history of or recent allegation of sexual abuse, or addressing [the resident] as a victim of physical abuse by another resident.”
If your loved one was the victim of sexual assault, abuse or neglect while a patient at Aperion Care of Chicago Heights, contact Rosenfeld Injury Lawyers now. Our Illinois nursing home attorneys can take immediate action to ensure your loved one’s health and well-being are protected while we seek the financial compensation they deserve for their damages.
We urge you to contact our Cook County elder abuse law office at 888 424-5757 to schedule your appointment with our experienced lawyers for your free comprehensive case review. No upfront fees or retainers are required. We offer contingency fee arrangements, meaning our legal fees are paid once we have your negotiated and secured your out-of-court settlement or one your lawsuit trial in front of a judge and jury.