Formally Aperion Care Toluca
Many family members place a loved one in a nursing facility in the hopes that they receive the highest level of care in a safe environment. Unfortunately, many residents suffer abuse, mistreatment or neglect at the hands of their caregivers or another resident in the facility. Sadly, the Toluca elder abuse attorneys at Rosenfeld Injury Lawyers have represented many residents who have become victims of abuse and assault while residing at their facility.
The nursing facilities are required by law to provide protection to every resident to ensure other residents in the facility don’t cause them harm or injury. However, many nursing facilities place profits over resident safety concerns due to overcrowded conditions or lack of sufficient staff members that can provide a high quality of care to meet the needs and requirements of every resident in the home.Asta Care Center of Toluca
Asta Care Center of Toluca is a 104-certified bed for-profit Medicaid/Medicare-participating facility providing nursing services to residents of Toluca and Marshall County, Illinois. The facility is located at:
101 East Via Ghiglieri
Toluca, Illinois 61369
As a part of Arba Care Centers, Asta Care Center of Toluca offers around-the-clock skilled nursing care and rehabilitative services.Toluca Nursing Home Resident Safety Concerns
As a way to keep the public informed, both the state of Illinois and the federal government routinely update their database to reflect currently filed complaints, opened investigations, safety concerns and health violations of every nursing home in the United States. The updated information is then published on various sites including Medicare.gov through their star rating summary system.
Currently, Asta Care Center of Toluca maintains an overall three out of five available star rating compared to other facilities nationwide. This includes four out of five stars for staffing issues and two out of five stars for both health concerns and quality measures. Our Toluca nursing home neglect attorneys have found numerous complaints and safety concerns involving this facility that include:
- Failure to Report and Investigate Any Act or Allegation of Abuse or Mistreatment
In a summary statement of deficiencies dated 02/09/2016, a complaint investigation against the facility was opened for its failure to "report resident to resident abuse to the Administrator immediately, conduct investigations for two allegations of abuse involving three residents.” The failure by the nursing staff at Asta Care Center of Toluca was first documented in a resident’s 12/29/2015 Tracking Sheet that noted that a resident “exposed [their] private areas to [another resident] in the main dining room.” The victim “moved away from [the allegedly abusive resident who then followed the victim] and suggestively rubbed [the victim’s] hands on [the allegedly abusive resident].”
An interview with the Licensed Practical Nurse (LPN) present at the time of the incident verify on 02/08/2016 2:15 PM that the resident had indeed “exposed [her] breasts to [another resident] in the dining room.” The LPN stated that the victim “turned around to leave the dining room” when the aggressive resident followed the victim. At that time, the aggressive resident “began suggestively rubbing [the victim’s] shoulders.” The LPN “filled out the behavior sheet and notified [the facility’s] Director of Nursing of the incident.”
However, at 11:10 AM on 02/08/2016, the facility’s Administrator verified that they were “not aware of [the resident exposing her breasts to another resident] or of [the alleged abuse of resident touching the victim].” The Administrator stated that “there were no investigations completed and the State Agency was not notified [… and stated that the aggressive resident] was transferred out of the facility because [they were a] threat to [herself] and other residents. During an interview with the facility’s Director of Nursing on the morning of 02/09/2016, it was verified that they were “not told about [the aggressive resident’s] behavior on 12/29/2015 [… nor were any] investigations completed and the State Agency was not notified” as required by law.
- Failure to Develop, Implement and Enforce Policies That Prevent Abuse and Mistreatment of Residents
In a summary statement of deficiencies dated 02/09/2016, the state investigator noted the facility’s failure “to follow its Abuse Policy and report resident to resident abuse to the Administrator immediately, the State Agency and conduct investigations” that involve three residents at the facility.
The state investigator noted the action and inaction of the nursing staff at Asta Care Center of Toluca involving the alleged resident to resident abuse documented above failed to follow established policies and procedures. This includes the facility’s December 2015 Abuse Prevention Program Facility Procedures that reads in part:
“When an allegation of abuse, neglect, mistreatment… has occurred, the resident’s representative and the State Agency’s regional office shall be informed immediately by telephone or fax. Employees are required to report any incident, allegation or suspicion of potential abuse, neglect, mistreatment or misappropriation of resident property they observe, hear about, or suspect to the Administrator immediately.”
If you suspect your loved one is the victim of resident to resident abuse while residing at any Illinois nursing facility including Asta Care Center of Toluca, Rosenfeld Injury Lawyers can assist you in taking immediate legal recourse to stop the harm now. Our Marshall County elder abuse attorneys offer a free consultation to discuss your legal rights and accept every case on contingency to avoid the need for an upfront fee. We encourage you to contact our Toluca Illinois nursing home abuse law firm today at (888) 424-5757 to schedule your appointment to speak with our attorneys.