The use of behavioral management medications used in a long-term care facility is restricted in accordance with state and federal guidelines. Any resident care plan that includes the use of drugs to control maladaptive behaviors must also include a reduction plan to diminish the use of the medications within one year unless taking a lower dose or eliminating the drug would produce negative behaviors. Unfortunately, not all long-term care centers follow established procedures and protocols, which can be detrimental to the resident and other patients in the facility. Rosenfeld Injury Lawyers represent residents are living at Illinois long-term care (LTC) facilities like Davis House to ensure their rights are protected.
This LTC Center is a 15-certified-bed ‘for profit’ Home providing services to residents of Chicago and Cook County, Illinois. The Nursing Facility is located at:
4237 S. Indiana Ave.
Chicago, IL 60653
ChicagoLTC Home Resident Safety Concerns
The Illinois LTC home regulatory agency routinely updates their statewide nursing facility database system. The Illinois Department of Public Health (IDPH – ltc.dph.illinois.gov) information contains a historical list of dangerous hazards, filed complaints, opened investigations, safety concerns, incident inquiries, and health violations of every facility in each county.
The Cook County neglect attorneys at Rosenfeld Injury Lawyers have reviewed the deficiencies, safety concerns and health violations at this Home that include:
- Failure to Ensure Residents’ Drug Regimens Are Free from Unnecessary Medications
In a summary statement of deficiencies dated 08/18/2015, a notation was made by a state investigator involving the nursing home’s failure to “ensure for [one resident] or receives medication to assist in behavioral management, [and that] a medication reduction was completed within the first year."
The deficient practice was first noted in the state investigator’s findings after reviewing a resident’s 08/06/2015 Physician Order Sheet (POS) documenting that the resident “is currently receiving Abilify 10 milligrams and Seroquel 100 milligrams daily.”
A review of the resident’s 04/29/2014 Psychiatric Consultation Form revealed that the resident “has not exhibited any maladaptive behaviors. In subsequent psychiatric consultations” between 07/09/2014 and 07/08/2015 “notes no maladaptive behaviors have been exhibited. Each consultation states that the IDT (Interdisciplinary Team) requested a medication reduction. As of 08/18/2015, [the resident] has not had a medication reduction.”
The Residential Service Director was interviewed on 08/08/2015 and stated the resident “has not had a reduction of medication [...and] the psychiatrist has noted [the resident] is stable and has not reduced his meds" as required by state and federal care facility regulations.
- Failure to Ensure Psychological Care Is Provided by a Qualified Mental Retardation Professional
In a summary statement of deficiencies dated 09/30/2011, the state investigator noted the facility’s failure to “ensure behavioral data was provided to the psychologist who oversees the medication regimen of [two residents who] were receiving medication to assist in behavioral management.”
The deficient practice was first noted in the state investigator’s findings after reviewing a 41-year-old male resident’s 08/31/2011 Physician Order Sheet (POS). The document revealed that the resident has diagnoses that include Infantile Autism, Moderate Mental Retardation, Convulsions and Non-Psychotic Disorder.” The documentation also revealed a physician’s orders that the resident received Abilify 20 milligrams and Seroquel 100 milligrams “to assist in behavioral management.”
The resident’s 01/04/2011 Individual Behavior Plan revealed targeted behaviors that include “physical aggression defined as hits, pushes, and bites, especially fingers moved close to his face by others." The interdisciplinary team (IDT) medication reduction plan includes a review and recommendation to the psychiatrist that Abilify 20 milligrams one tablet in the morning be decreased to 15 milligrams in the morning and the Seroquel 100 milligrams one tablet at nighttime be decreased to 50 milligrams when the reported frequency of physical aggression is one time every two months within six months."
However, a review of the resident’s Quarterly Review Behavior Plan documented by a psychologist between 06/13/2011 and 12/13/2010 stated: “vocationally, no data available.”
A second failure involves a different resident whose 07/15/2008 “Behavior Plan targeted physical aggression, verbal aggression and property destruction.” The resident’s 06/28/2011 Quarterly Psychiatric Follow Up notes “use of Abilify, Depakote, and Xanax are intended not to replace but to enhance the effectiveness of the comprehensive psychosocial/behavior support program.” The resident “should reduce medication 1-2 years after she has stopped hitting and throwing; behavior counts are necessary for proper medication reduction plan.”
However, a review of the resident’s Quarterly Review Behavior Plan documented by psychologist between 09/12/2011 and 12/13/2010 notes “vocationally, no data available.” The state investigator reminded the facility that “
Each client’s active treatment program must be integrated, coordinated and monitored by a qualified mental retardation professional.”
ChicagoIllinois Nursing Home Abuse Lawyers
If you suspect your loved one was victimized by caregivers, visitors or other residents while residing at Davis House, call Rosenfeld Injury Lawyers today. Allow our reputable Chicago attorneys to handle and resolve your compensation case involving abuse, neglect, and mistreatment that occurred in a long-term care home in Illinois.
Schedule your free, no-obligation comprehensive financial claim review today by calling our Cook County elder abuse law offices at (888) 424-5757. No upfront retainers or fees are required because we accept every wrongful death lawsuit, personal injury case and nursing home abuse and neglect claim for compensation on contingency.