Every incident or allegation of abuse occurring in a nursing home is required to be investigated by the facility’s Administrator in accordance with the law. However, many Administrators failed to take appropriate measures and decide on their own which cases of abuse are valid and which are not. However, the law makes it explicitly clear every allegation must be investigated. The Rosenfeld Injury Lawyers provide legal representation to injured, neglected and abused residents of Illinois skilled nursing homes like Bethalto Care Center.Bethalto Care Center
Bethalto Care Center is a 98-certified-bed ‘for profit’ Medicaid-participating nursing facility providing services to residents of Bethalto and Madison County, Illinois. The Center is located at:
815 S. Prairie St.Bethalto Nursing Home Resident Safety Concerns
Bethalto, IL 62010
The state of Illinois and the federal government nursing home regulatory agencies regularly update the national nursing facility database system. The Medicare.gov information contains a historical list of opened investigations, safety concerns, filed complaints and health violations of every facility in the United States.
Currently, Bethalto Care Center maintains an overall two out of five available star rating in the Medicare star rating comparison analysis system compared to all other facilities nationwide. This includes five out of five stars for quality measures, two out of five stars for health inspections and one out of five stars for staffing concerns. The Madison County nursing home neglect attorneys at Rosenfeld Injury Lawyers have found serious deficiencies and safety concerns at this facility that include:
- Failure to Investigate and Report Any Allegation of Abuse, Neglect or Mistreatment of Residents
In a summary statement of deficiencies dated 07/20/2016, a complaint investigation was opened against the facility for its failure to "investigate an allegation of abuse.” The deficient practice affected one resident.”
The findings by the state investigator were documented in the 07/11/2016 Resident’s Skin Occurrence Report that revealed a “Bruise: right finger.” A documentation was made that two “certified nursing aides (CNAs) were laying [the] resident down when [the reporting] nurse heard the resident yelling loudly.” After entering the room, it was noted that the resident “was hitting and cursing at the staff. After [the Certified Nursing Assistants] got the resident in bed and removed [the mechanical lift] from the room, [one CNA] placed her hands to prevent the resident from hitting the other CNA. The resident continued to curse and try to get to the staff. [The CNAs] finished up” before leaving the room.
The resident complained to the resident’s daughter that the “b****’s” had “squeezed my hand.” Noticeable swelling or bruising was observed on the resident’s “first and second knuckle of the right hand.” The facility ordered an x-ray to rule out a fracture which returned negative results on 07/11/2016.
As a part of the investigation, the state surveyor interviewed the facility’s Administrator on the morning of 07/27/2016 who stated “I did not investigate this allegation of abuse. I know my girls [the CNAs] would never abuse residents. [The resident] hurt her hand because she was hitting the staff.”
The state investigator noted that the Administrator failed to “have an accurate employee background check policy for ten employees and failed to operationalize their Abuse Policy by not investigate an allegation of abuse” in accordance with state and federal statutes.
The investigator noted in the afternoon of 07/27/2016 that “five employees who were hired within the last year were reviewed for healthcare worker background checks” where:
One employee was hired “our 03/29/2016 as the Maintenance Director and no fingerprint-based criminal records check was done or initiated.
On the afternoon of 07/27/2016, the facility’s “bookkeeper stated that they did not fingerprint [the Maintenance Director] they only did the name check. [The bookkeeper] then stated they only fingerprint Certified Nursing Assistants (CNAs) and only do a name check on anyone else hired [...and] stated that she was unsure if they had a policy, but follow the current regulations.”
The facility’s undated Employee Background Check Policy reads in part:
“The facility checks Illinois health care worker registry at the time of hire to ensure that a CNA has a clear… background check listed on the registry.”
The facility’s undated Abuse Prevention Program – Facility Procedures reads in part:
“Final Abuse Investigation Report. The investigator will report the conclusions of the investigation in writing to the Administrator… within five working days of the reported incident. The final investigation report shall contain the… name, age, diagnosis and mental status of the resident allegedly abused and neglected. Facts determined during the process of the investigation, review of medical record and interview of witnesses. The conclusion of the investigation based on known facts. Attach a summary of all interviews conducted, with names, addresses, phone numbers and willingness to testify of all witnesses.”Bethalto Illinois Nursing Home Abuse Lawyers
If your loved one has been harmed or injured while a patient at Bethalto Care Center, call Rosenfeld Injury Lawyers at (888) 424-5757 today. Our Illinois elder abuse attorneys can discuss the merits of your case and legal options in a no-obligation case consultation at no cost to you.
We accept all nursing home abuse claims for compensation through contingency fee agreements. This means you receive all legal representation without an upfront retainer or fee. Our services are paid only from the proceeds of your claim after we negotiate your out-of-court settlement or win your case at trial.