The communal living aspect of living in a nursing facility involving tight quarters in a shared environment makes the transmission of infections very easy. The residents in the facility must dine together, use community bathrooms/showers, share durable medical equipment. If the environment is unsanitary, the health and well-being of residents with a compromised immune system can be greatly diminished. Sadly, the Westmont elder abuse attorneys at Rosenfeld Injury Lawyers have represented many residents who have suffered serious injuries from preventable infections.
Nursing facilities have a legal responsibility to minimize the fatal potential of exposing residents to infections and contaminants by providing a sanitary, safe and comfortable environment. However, overcrowded conditions and a lack of staffing and minimal supervision often place the resident’s health in jeopardy.Burgess Square Healthcare Center
Burgess Square Healthcare Center is a 203-certified bed Medicaid/Medicare-participating for-profit corporate facility providing services to residents of Westmont and DuPage County. The facility is located at:
5801 S. Cass Ave.
Westmont, Illinois 60559
Rehabilitative Services provided at Burgess Square Healthcare Center include:
- Joint Replacement and Orthopedic Injuries
- Stroke Rehabilitation
- Cardiopulmonary Management
- Post-Surgical Recuperation
- Pain Management
- Wound Care
On an annual basis, the federal government in the state of Illinois routinely update their nursing home databases to reflect currently added opened investigations, filed complaints, safety concerns and health violations involving every facility throughout the United States. Through their star rating summary system, the federal government posts the updated information on their national website Medicare.gov.
Currently, Burgess Square Healthcare Center maintains an overall four out of five available star rating compared with other facilities nationwide. This includes four out of five stars for staffing issues, three out of five stars for health concerns in two out of five stars for quality measures. Our Westmont Illinois nursing home neglect attorneys have found numerous safety concerns involving this facility. Two of these concerns include:
- Failure to Develop, Implement, and Enforce a Program That Investigates, Controls or Keeps Infection from Spreading
In a summary statement of deficiencies dated 10/29/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility's failure to "follow standards of infection control practices during incontinence and wound care.” The state investigator also noted the facility’s failure “to use PPE (Personal Protective Equipment) while in the isolation room.” The failure by the nursing staff at Burgess Square Healthcare Center directly affected three residents at the facility “reviewed for infection control.”
The failure was first noted at 3:20 PM on 10/27/2015 when a PCT (Patient Care Technician) was observed in a resident’s “room without any Personal Protective Equipment (glove and gown).” At that time, the PCT “was leaning over the bed and was talking to the resident.” The resident “was on contact isolation for Clostridium difficile [C. diff] in the stool.” When the state investigator asked the PCT “what should be done before entering and identify isolation room” the technician responded, “that she remove the isolation gown and gloves but went back to talk to [the resident].”
In a different observation at 10:30 AM 10/28/2015, a different Patient Care Tech was observed cleansing a resident’s “perineal area with a clean washcloth with gloved hands.” When the PCT [turn the resident to the left side and clean [the resident’s] buttocks and perineal areas [they] continue to cleanse the resident’s upper back with the same contaminated gloves.” The state investigator noted a few minutes later that a facility’s Registered Nurse “applied skin protecting cream between [the resident’s] bilateral groins [...and after removing] the contaminated gloves, donned new gloves without performing hand hygiene.”
- Failure to Inform the Resident’s Doctor or Responsible Family Member of a Change in the Resident’s Condition Including a Decline in Their Health or Injury
In a summary statement of deficiencies dated 10/13/2015, a complaint investigation against the facility was opened for its failure to "notify one resident’s family immediately upon the development of a pressure ulcer.” The investigation by the state surveyor involved a review of the resident’s MDS (Minimum Data Set) records that revealed the resident “had no pressure ulcers upon admission but [was] at risk further development.”
The first notation of the development of a new pressure ulcer was first noted in the facility’s 04/08/2015 Wound Assessment Details Report. Seven days later on 04/15/2015, The Wound Report revealed that the resident’s “wound progress with 25 % Deep Maroon, 25% Purple Ecchymosis and purulence scant exudate. However, the first notation that the family was informed of the wound status of their loved one was on 04/18/2015, or “10 days after it was first identified.”
If you are a concerned family member who believes your loved one has suffered from a preventable infection while residing at any Illinois nursing facility, including Burgess Square Healthcare Center, Rosenfeld Injury Lawyers can assist you in seeking the financial compensation you deserve. Our DuPage County elder abuse attorneys at (888) 424-5757 are available to answer your questions in a free, initial no-obligation case consultation.
We accept all nursing home neglect claims for compensation, personal injury cases, and wrongful death lawsuits through contingency fee arrangements. This means we are only paid for our legal services after we negotiate your acceptable out of court settlement or win your case at trial.