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By federal and state statutes, nursing homes are required to report any allegation of abuse to specific state agencies, whether the Administrator and nursing staff considers the allegation to have merit or not. In fact, employees of the nursing home are trained to not take matters into their own hands to make a determination of the validity of the allegation. These protocols are designed to protect the victim at all costs, even if the allegation appears to be bogus. Sadly, the Fairbury elder abuse attorneys at Rosenfeld Injury Lawyers have represented many victims of abuse and sexual assault occurring in nursing facilities all throughout the state of Illinois.
Fairview HavenFairview Haven is a 63-certified bed nonprofit Medicare/Medicaid-approved nursing home providing nursing services to residents of Fairbury and Livingston County, Illinois.
605 N. 4th Street
Fairbury, IL 61739
(815) 692-2572
In addition to providing skilled nursing care, Fairview Haven also offers physical therapy.
Fairbury Nursing Home Resident Safety ConcernsTo ensure that Illinois residents have an accurate overview of all nursing facilities in the state, both Illinois and the federal government routinely update their nursing home database systems. The updated information can be found on numerous websites including Medicare.gov.
Currently, Fairview Haven maintains an overall four out of five available star rating in the Medicare nationwide star rating summary system. This includes five out of five stars for staffing issues, and three out of five stars for both health inspections and quality measures. However, our Fairbury nursing home neglect attorneys have found numerous safety concerns involving this facility that include:
- Failure to Provide Residents Necessary Treatment to Prevent the Development of New Pressure Sores or Allow Existing Pressure Sores to Heal
In a summary statement of deficiencies dated 07/22/2016, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility's failure to "follow physician’s orders for pressure ulcer treatment.” The deficient practice by the nursing staff also involved the facility’s failure “to establish a clean field for pressure ulcer dressing change.” The deficient practice by the nursing staff at Fairview Haven affected one resident at the facility.
The failure was first noted after a review of a resident’s July 2016 Physician Order Sheet (POS) that noted “the following order for [the resident’s] pressure ulcer wound treatment, ‘Cleanse with soap and water. Apply a thin layer of Calmoseptine right up to wound edges as well as surrounding area (do not apply Calmoseptine to the superficial area on right buttocks)’ …”
On 07/20/2016, at 11:00 AM a Licensed Practical Nurse (LPN) was observed starting “pressure ulcer wound treatment for [the resident] by removing] supplies for the treatment from the designated bedside table being used to store wound supplies for [that resident].” It was observed that the LPN neglected to provide a clean field as required by the physician’s orders “by using a Draper, cleaning the tabletop before placing all the open required supplies on the top to be used for the treatment.” In addition, the LPN was observed applying a thin layer of “Calmoseptine over the entire wound on the right buttocks to include the superficial area of the right buttocks” even though the physician’s orders clearly stated to avoid that area.
The state investigator noted that the deficient practice by the nursing staff at Fairview Haven neglected to follow the facility’s 05/03/2013 policy titled Pressure Ulcers/Skin Breakdown – Clinical Protocol that reads in part:
“Adjust bedside stand to waist level. Clean bedside stand. Establish a clean field.”
- Failure to Investigate and Report Any Abuse or Allegation of Abuse concerning a Resident
In a summary statement of deficiencies dated 03/02/2016, the state investigator noted the facility’s failure “to report an allegation of abuse to the Illinois Department of Public Health.” The allegation of abuse involved an incident in the resident’s progress notes dated 02/15/2016 by a Licensed Practical Nurse. The document notes that a Certified Nursing Assistant (CNA) “reported this a.m. that [the resident] was upset and stating that [the resident] was not a whore, but that [the resident] had been raped; stated ‘I’m not a horrible person, I’m not a slut, that bastard raped me’.”
The incident was also documented in the 02/15/2016 Social Service Notes where the resident “described a scenario where she was in the gym on a stage with another woman [where] a lot of people were looking at them. In the course of the conversation, [the resident] stated ‘it may have been a bad dream, but it was so real’.”
The state investigator noted that the Administrator provided an “Incident Report for Abuse/Neglect dated 02/24/2016, which was sent to the Illinois Department of Public Health” involving the resident. However, “this report did not mention anything about the initial allegation on 02/15/2016”, which is in violation of both federal and state laws.
If you suspect your loved one has been injured, mistreated, abused or neglected while residing in any Illinois nursing facility, including Fairview Haven, Rosenfeld Injury Lawyers can take immediate legal action on your behalf. Our Illinois nursing home abuse attorneys can handle the entire process of obtaining the financial recompense your family deserves for your damages.
Contact our Livingston County elder abuse law firm today at (888) 424-5757 to schedule a free, initial case consultation without obligation. No upfront fees are required because we accept all nursing home neglect cases through contingency fee agreements.
http://www.fairviewhaven.org/Home.html
https://ltc.dph.illinois.gov/webapp/LTCApp/federalsurvey.jsp?facilityid=6003040
http://www.idph.state.il.us/ltc/docs/SurveyResult/6003040FA03022016.PDF
