Rosenfeld Injury Lawyers LLC Home
Every incident or allegation of abuse occurring in an Illinois nursing home must be reported to the State Agency immediately following a thorough investigation by the facility Administrator. This is because any failure to investigate and file a report could jeopardize the health and well-being of the victim even further. Unfortunately, not every facility follows state and federal laws along with facility policies and reporting abuse and injuries of unknown origin. Rosenfeld Injury Lawyers LLC provide legal representation to victims of abuse who reside in Illinois nursing homes like DayStar Nursing and Rehabilitation Center.
DayStar Nursing and Rehabilitation Center
This facility is an 83-certified-bed ‘for-profit’ Nursing Home providing services and cares to residents of Cairo and Alexander County, Illinois. The Medicare/Medicaid-participating Center is located at:
2001 Cedar Street
Cairo, Il 62914
(618) 734-1700
Cairo Nursing Home Resident Safety Concerns
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, filed complaints, safety concerns and health violations of every facility in the United States.
Currently, DayStar Nursing and Rehabilitation Center maintains an overall one out of five available star rating in the Medicare star rating comparative analysis system. This includes two out of five stars for both health inspections and staffing concerns one out of five stars for quality measures. The Alexander County nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have located numerous violations, safety concerns and deficiencies at this nursing home including:
Failure to Ensure That Every Resident’s Medication Regimen Is Free from Unnecessary Drugs
In a summary statement of deficiencies dated 04/15/2016, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility's failure to "monitor for Black Box Warnings associated with the use of antipsychotic medications." Black Box Warnings are provided by the Food and Drug Administration (FDA) on antipsychotic (SGA) medications known to have an increased risk of death in older dementia patients.
The failure involved a 72-year-old resident diagnosed with dementia with behavioral disturbance who was admitted to the facility on antipsychotic medication. However, the state investigator noted that the resident’s 04/04/2016 Care Plan “does not address [the resident’s] use of the antipsychotic medication and the need for monitoring related to the Black Box Warnings associated with [the medication] use on an elderly, demented patient."
- Failure to Investigate and Report an Allegation or Incident of Abuse
In a summary statement of deficiencies dated 02/17/2016, a complaint investigation against the facility was opened for its failure to "report an injury of unknown origin to the State Agency as required” by law. The deficient practice by the nursing staff at DayStar Nursing and Rehabilitation Center involved a 67-year-old resident at the facility.
The state investigator reviewed the facility’s 11/01/2015 to 02/16/2016 Incident Log and noted that on 01/18/2016, a resident “with an injury of unknown origin, with location noted as ‘Hall’… and the 01/21/2016 Injury of Unknown Origin Investigation Report indicated that the resident had “a 6.0-centimeter by 3.0-centimeter wound noted to the right medial lower thigh with wound edges red and brown [with] slough in the middle of the wound.”
The investigator conducted an interview with the facility Administrator who verified on the afternoon of 02/16/2016 “that a report was not made to the State Agency in regards to the information noted in the facility form titled Injury of Unknown Origin Investigation dated 01/21/2016 involving [the resident].” The Administrator stated that “she didn’t think it was reportable because it didn’t require medical treatment like ‘stitches or whatever’ at an emergency room.”
- Failure to Develop, Implement and Enforce Abuse Policies
In a summary statement of deficiencies dated 02/17/2016, a state investigator noted a deficient practice during an annual licensure and certification survey concerning the facility's failure to "follow their policy for reporting an injury of unknown origin to the State Agency.” The investigator noted that the actions by the facility Administrator failed to follow the facility’s 07/28/2015 policy titled Abuse and Neglect Prevention that reads in part:
“It is the responsibility of every employee of this facility to report the following types of alleged violations… an injury of unknown origin…”
It was noted that it is irrelevant whether the facility investigated and determined the allegations were unfounded, as all alleged violations must be reported immediately.
Cairo Illinois Nursing Home Abuse Lawyers
If your loved one is suffering from abuse, neglect or mistreatment as a resident at DayStar Nursing and Rehabilitation Center, Rosenfeld Injury Lawyers LLC can help. Our Cairo nursing home attorneys have represented clients in victim cases that involve abuse, neglect, and mistreatment. Our law firm working on your behalf can ensure your family receives adequate financial recompense for the injuries, losses and damages your loved one has endured due to the inappropriate actions of caregivers or other residents.
Schedule your free, no obligation initial case review today by calling our Alexander County elder abuse law offices at 888 424-5757. We accept every nursing home abuse/neglect claim for compensation through contingency fee arrangements. This means our fees are paid only once we have negotiated an out of court settlement on your behalf or have successfully resolved your case in a court of law.
Sources:
http://psychnews.psychiatryonline.org/doi/10.1176/pn.43.14.0001
http://www.idph.state.il.us/ltc/docs/SurveyResult/6010342FIK04152016.PDF
http://www.idph.state.il.us/ltc/docs/SurveyResult/6010342FA03162016.PDF
http://www.idph.state.il.us/ltc/docs/SurveyResult/6010342FA02172016.PDF
