formally River Crossing Rehabilitation
Resident to resident assault is a common occurrence in many facilities in the state of Illinois. Because of that, the nursing staff is required to provide all necessary monitoring and supervision to ensure any inappropriate behavior by patients against others is properly managed to ensure everyone’s safety. Unfortunately, not every facility takes appropriate measures to guarantee the health and well-being of its residents. Rosenfeld Injury Lawyers represent abused and injured residents of Illinois nursing facilities like Aperion Care of Galesburg against resident to resident assault and abuse by caregivers.Aperion Care of Galesburg
This facility is a 108-certified-bed ‘for profit’ Medicare/Medicaid-approved Center providing services to residents of Galesburg and Knox County, Illinois. The nursing home is located at:
1145 Frank St.Galesburg Nursing Home Resident Safety Concerns
Galesburg, IL 61401
To ensure families are fully informed of the level of care every nursing home provides, the federal government and the state of Illinois routinely update their nursing home database system. This information reflects a complete list of filed complaints, opened investigations, health violations and safety concerns that can be found on numerous websites including Medicare.gov.
Currently, Aperion Care of Galesburg maintains an overall one out of five available rating in the national Medicare comparison analysis star rating summary system. This includes four out of five stars for quality measures and one out of five stars for both staffing issues and health inspections. The Knox County nursing home neglect attorneys at Rosenfeld Injury Lawyers have found serious safety concerns at this facility that include:
- Failure to Provide Residents an Environment Free of Accident Hazards and Provide Adequate Supervision to Avoid Injury
In a summary statement of deficiencies dated 05/11/2015, a complaint investigation against the facility was opened for its failure to "implement interventions to prevent resident to resident altercations” that directly affected one resident at the facility.
The state investigator findings involved a review of a resident’s April 2015 Behavior Documentation that revealed that between 04/20/2015 and 04/30/2015, the resident “had incidents of physical and/or verbal aggression on 04/20/2015, 04/27/2015, 04/28/2015, 04/29/2015 and 04/30/2015.” The following months, the resident exhibited physical and/or verbal aggression on days and evening shifts on 05/02/2015 and 05/04/2015.” On the evening of 04/20/2015, the facility’s Incident Report documents that the resident “was spitting in the staff’s face [and] was slapping and punching staff ...and… punched [another resident] in the face.”
The resident’s 05/05/2015 Progress Notes revealed that on the morning of 04/20/2015, the resident stated “I’m having bad behaviors because I want to go somewhere with younger kids and do more things. I will continue to have behaviors until I leave this place.” The facility’s Social Services Director said on the morning of 05/07/2015 that the resident “has made the statement to [them] and says this almost daily.”
The assaulted resident made a statement on 05/06/2015 that the resident had “slapped me on the back on 05/01/2015… When [the resident] hit me, there was no warning. [The resident] just came up and hit me. I’ve never had trouble like this before. This scares me.”
- Failure to Provide Residents an Environment Free of Unauthorized Physical Restraints
In a summary statement of deficiencies dated 01/15/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility's failure to "provide quarterly assessments for the continued use of physical restraints without medical justification.” The deficient practice affected one resident diagnosed with Chronic Airway Obstruction and Mild Mental Retardation.
The state investigator reviewed the resident’s 05/11/2014 Physician Telephone Orders documenting “Trial times three days for reclining wheelchair with a table as needed for positioning. Release every two hours when in use for Diagnosis of Dementia with Psychosis.” There was an additional identical note documented again on 05/13/2014. However, the state investigator noted that there was “no medical justification for the restraint documented in the physician’s orders.”
As a part of the investigative findings, it was noted that the actions by the nursing staff failed to follow the facility’s 05/18/2013 Facility Policy for Resident Restraints that reads in part:
“The use of restraints will be reviewed by the Interdisciplinary Team periodically and at least Quarterly thereafter. Restraint use data will be provided to the physician for review and prior to ordering/re-ordering restraint use.”
“Convenience is defined as any action taken by the facility to control a resident’s behavior or manage a resident’s behavior with a lesser amount of effort by the facility and not in the resident’s best interest.”
If your loved one was the victim of abuse or resident to resident assault while a patient at Aperion care of Galesburg, call Rosenfeld Injury Lawyers today. Our Illinois nursing home attorneys can take immediate legal action to stop the abuse and hold those responsible financially accountable for your loved one’s injuries.
We encourage you to contact our Knox County area elder abuse law office today by calling 888 424-5757 to schedule an initial, no obligation case consultation. No upfront fees or retainers are necessary because our lawyers accept all nursing home abuse and mistreatment cases through contingency fee agreements. Our fees are paid only after we have successfully resolved your case through an out-of-court settlement or through a jury award at the conclusion of a lawsuit trial.