There are many combative, assertive and abusive individuals residing in Illinois nursing homes who share rooms and public places with the general population in the facility. Without proper supervision, monitoring and an effective Care Plan, an aggressive resident has the potential of harming other residents, employees, and nurses. Unfortunately, the Batavia elder abuse attorneys at Rosenfeld Injury Lawyers have represented many residents who have been victims of resident-two-resident attacks.Batavia Rehabilitation and Health Care Center
Batavia Rehabilitation and Health Care Center is a 63-certified bed for-profit Medicaid-participating facility providing nursing services to residents of Batavia and DuPage/Kane counties in Illinois. The Center is located at:
520 Fabyan Parkway
Batavia, IL 60510
As a part of the Peterson health care system, Batavia rehab provides skilled nursing services along with:
- Memory care
- Alzheimer’s care
- Pathways Rehabilitation Program
To ensure the public is fully informed of the level of care that every nursing home in the United States provides residents, the federal government and the state of Illinois routinely update their nursing home database systems. This information reflects the current and complete history of all safety concerns, health violations, filed complaints and opened investigations on facilities nationwide. The results are uploaded on numerous websites including Medicare.gov.
Currently, Batavia Rehabilitation and Health Care Center maintains an overall one out of five available star rating in the national comparative analysis Medicare star rating summary system. This includes two out of five stars for staffing issues and health inspections and one out of five stars for quality measures. Our Batavia nursing home neglect attorneys have found numerous safety concerns and deficiencies involving this facility that include:
- Failure to Develop, Implement, and Enforce an Effective Care Plan to Ensure Resident Remain Safe from Other Resident Assault
In a summary statement of deficiencies dated 07/22/2016, a state surveyor made a notation during an annual licensure and certification survey concerning the facility's failure to "conduct a thorough evaluation of a dementia resident’s behavior, develop and implement individualized interventions to monitor and prevent falling and wandering out of the facility.” The deficient practice by the nursing staff at Batavia Rehabilitation and Health Care Center affected two residents “evaluated for behaviors and falls.”
One failure was first noted in the morning of 07/19/2016 when the resident “was asleep in his chair stationed in a small dining room. There was a television on and [the resident] was in a deep sleep.” Again on the following two mornings, the resident was again witnessed to be “in a chair and stationed in a small dining room” with the television on while the resident “was asleep.”
The state investigator reviewed the resident’s 05/21/2016 Nursing Notes that showed that the resident “was confused, wandering, pushed exit doors, unable to be redirected, became aggressive and combative.” Again on 05/23/2016, the Notes revealed the resident “is confused, disoriented, wandering, pushed exit door and patio door five times.” Two days later on May 20 for 2016 in the evening, the resident was noted to be “confused, continuously wandering.”
The continuously wandering activity was again noted on 05/26/2016 and on the morning of 05/31/2016, when “at 4:30 AM [another resident in the room got upset with [the aggressive resident] reported to staff with a complaint [that the resident] invaded the other resident’s room twice.”
The state investigator noted that the “facility did not determine the reason for [the resident’s] agitation, aggression, wandering, restlessness, violence, unprovoked combativeness and assaultiveness towards other residents” nor did the facility “investigate incidences of residents wandering out of the facility.” It was also noted that the resident “has no psychiatric evaluation to show [their] mental functional abilities since his admission to the facility.” This was confirmed by the Director of Nurses on 07/22/2016 that “no documentation was available.”
As a part of the investigation, it was noted that “the facility has no policy and procedures to monitor residents who have wandering behavior.” The Director of Nursing stated that there is a “policy for elopement, but not for wandering residents.”
- Failure to Provide Every Resident an Environment Free of Abuse and Neglect
In a summary statement of deficiencies dated 11/03/2015, the state investigator noted the facility’s failure “to follow the facility’s Abuse Prevention Policy by not initiating a complete investigation in a timely manner.” It was also noted the facility failed “to remove the employee from the resident contact [...and] failed to inform the physician and the Power of Attorney (POA) of an allegation and failed to report to the State Survey Agency within the time” required by law.
The incident was documented on the evening of 10/31/2015 in the facility’s Nurse’s Notes when a resident left the facility and walked toward a nurse at her vehicle asking for medications. When other staff members arrived to encourage the resident to return to the facility, the resident was “pulled away from the nurse and fell on her buttocks and threw her head back to the ground.”
If your loved one has suffered physical, mental, sexual or emotional assault while residing in any Illinois nursing facility, including Batavia Rehabilitation and Health Care Center, Rosenfeld Injury Lawyers can take immediate legal action. Our Illinois nursing home abuse attorneys can handle every aspect of your financial compensation case to ensure a successful resolution.
Contact our DuPage/Kane County elder abuse law firm at (888) 424-5757 to schedule a free, no-obligation case evaluation. No upfront fees are required.