Every nursing facility in the United States is legally bound to protect all residents in the facility from all forms of abuse, mistreatment, and neglect. This includes providing every individual from resident to resident altercations and sexual assault. The nursing home is required to immediately notify the facility’s Administrator, the Illinois Department of Public Health, state agencies regulating nursing homes and local law enforcement if a crime has been committed. Unfortunately, the Wilmington elder abuse attorneys at Rosenfeld Injury Lawyers have handled many cases involving resident to resident assault where the victim suffered serious injury or wrongful death.
Resident to resident altercations can occur in various forms including physical assault, sexual abuse, verbal harassment, menacing gestures and even an invasion of privacy. The incident rates of resident to resident abuse has risen dramatically in recent years as many nursing facilities have become overcrowded and understaffed.Aperion Care Wilmington
Aperion Care Wilmington is a 171-certified bed Medicare/Medicaid-participating for profit facility providing nursing services to residents of Wilmington and Will County Illinois. The facility is located at:
555 West Kahler
Wilmington, Illinois 60481
Additional services provided by Aperion Care Wilmington include long-term care, short-term rehabilitation, and psychiatric rehabilitation in addition to:
- Wound care
- Respiratory therapy
- IV therapy
- In-house hemodialysis
- Medication management
- CHF (Congestive Heart Failure) management
- Diabetes management
Both the federal government and state of Illinois nursing home regulatory agencies routinely update their databases to reflect the most recent filed complaints, opened investigations, safety concerns and health violations of every facility in the United States. The updated information is then posted on various online sites including Medicare.gov through its comprehensive comparison analysis star rating summary system tool.
Currently, Aperion Care Wilmington maintains an overall three out of five available star rating in comparison to other nursing homes nationwide. This includes five out of five stars for quality measures and two out of five stars for both staffing issues and health concerns. Our Wilmington nursing home neglect attorneys have uncovered numerous complaints and safety concerns involving this facility that include:
- Failure to Provide Every Resident an Environment Free of Physical Assault from Another Resident during a Resident to Resident Altercation
In a summary statement of deficiencies dated 09/03/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility's failure to "provide consistent and adequate monitoring/supervision to one resident was behaviors caused other residents to become agitated.”
The deficient practice by the nursing staff at Aperion Care Wilmington was first noted in the investigation of the incident involving two residents. The investigation revealed that at 3:40 PM on 08/27/2015, a Certified Nursing Assistant (CNA) at the facility reported to the Assistant Director of Nursing that one resident “was crying in the hallway with visible bruising and swelling on the left side of her cheek.” Two other residents at the facility had witnessed another [cognitively impaired] resident strike the female resident “to the left side the face.”
The nursing staff sent the assaulted resident “to the hospital for an x-ray of her left cheek.” The resident “was prescribed Tylenol with codeine #3 for pain every four hours the staff was not aware that [the resident] was struck by [another resident] until an investigation was started.”
The investigation report documents that the alleged perpetrator “was yelling, screaming and taunting another resident.” The investigator noted that during a 09/03/2015 Daily Status Meeting the facility’s Administrator “of the facility was having difficulties managing [the aggressive resident and] said staff were too busy to monitor [the resident] every minute of the day but did not identify consistent plan implemented to try to monitor [the resident] because of her behaviors which agitate the other residents.”
- Failure to Develop, Implement and Enforce Policies to Prevent Abuse Including Resident to Resident Altercations
In a summary statement of deficiencies dated 12/08/2015, the state investigator noted the facility’s failure “to transfer one resident out to an area hospital for evaluation after an allegation of sexual assault was made against another resident. The facility also failed to immediately notify the Administrator, Director of Nurses and police after the resident inform staff of the alleged sexual abuse.”
The state investigator also noted that the facility staff “failed to notify the Administrator of another resident’s allegation of being threatened with a gun [...and] failed to follow its policy on Abuse Prevention Program Facility Procedures by not notifying law enforcement and the Illinois Department of Public Health immediately after a reasonable suspicion of a crime had been committed.”
If your loved one has been injured, abused or killed as a result of a resident to resident altercation in any Illinois nursing facility including Aperion Care Wilmington, Rosenfeld Injury Lawyers can provide immediate legal intervention. Our Will County elder abuse lawyers can begin the process to ensure you receive the financial compensation you deserve for your harm.
To ensure your case to successfully resolve, we encourage you to contact our Wilmington Illinois nursing home abuse law firm today at (888) 424-5757. Our lawyers can investigate your claim, interview witnesses, gather evidence and obtain expert testimony to guarantee your recovery. We accept all nursing home neglect, mistreatment, and abuse cases through contingency fee arrangement so no upfront fee is required.