The nursing staff and facility Administrator at every nursing home in the United States is required by law to report any abuse or allegation of abuse to appropriate agencies in a timely manner. In addition, the facility is required to remove any alleged perpetrator from the victim’s environment to ensure there can be no additional harm. Unfortunately, many nursing facilities failed to follow established procedures and protocols, which is often to the detriment of the victim. Sadly, the Davenport Iowa elder abuse attorneys at Rosenfeld injury lawyers have represented many nursing home residents who have been victims of assault by caregivers and other residents.Kahl Home for the Aged and Infirmed
Kahl Home for the Aged and Infirmed is a 135-certified bed non-profit nursing facility providing services to residents of Davenport, Scott County, Iowa and Rock Island County, Illinois. The facility is located at:
6701 Jersey Ridge Rd.
Davenport, IA 52807
In addition to providing around-the-clock nursing care, the facility also offers:
- Long-term elder care
- Short-term rehabilitation care
- Pain management
- Dementia and Alzheimer’s care
- Nursing rehabilitation
- Physical, speech and occupational therapies
- End of life care including hospice
- Psychosocial counseling
State and federal nursing home regulatory agencies routinely update their nursing home database systems to reflect the current history of all opened investigations, safety concerns, health violations and filed complaints on facilities nationwide. The results of the search for this information can be found on numerous sites including Medicare.gov.
Currently, Kahl Home for the Aged and Infirmed maintains an overall three out of five available star rating in the national Medicare star rating summary comparative analysis system. This includes five out of five stars for staffing issues, three out of five stars for quality measures and two out of five stars for health inspections. Our Davenport Iowa nursing home neglect attorneys have found numerous safety concerns and deficiencies involving this facility that include:
- Failure to Investigate a Report an Act or Allegation of Abuse against a Resident
In a summary statement of deficiencies dated 12/17/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility's failure to "report a resident-to-resident altercation to the department within 24 hours.” The state investigator noted that “the facility self-reported a resident-two-resident altercation on 12/16/2015 at 8:03 PM.”
The Director of Nurses (DON) reported [that they] learned of the incident on the morning of 12/15/2015.” At that time, the Director “asked the Unit Manager to gather more information [… but] was not sure if the incident was reportable as the resident grabbed the other resident by the shirt. The DON contacted the Department for clarification on 12/16/2015 and then made the report.”
The state investigator noted the actions of the nursing staff at Kahl Home for the Aged and Infirmed failed to follow their 06/15/2004 Abuse Policy that directed the staff to:
“Report any incident of suspected abuse to the supervisor immediately as well as make an initial report to the State of Iowa.”
The policy directed the staff to make an initial report within 24 hours.
- Failure to Develop, Implement and Enforce Policies That Prevent Neglect, Abuse, and Mistreatment of Residents
In a summary statement of deficiencies dated 08/06/2015, the state investigator noted the facility’s failure “to immediately separate the resident from an alleged abuser when [the resident] reported an allegation of abuse to the staff.”
The state investigator noted that “on 07/01/2015, the facility’s self-reported an allegation of abuse to the Department of Inspections and Appeals (DIA) which alleged to have occurred on 06/30/2015 at 8:30 PM. The facility reported [a staff member took a resident’s] call light away as punishment for using the call light.”
The staff member involved in the incident was a Certified Nursing Assistant (CNA) who was interviewed at 10:11 AM on 08/05/2015 and stated that “the resident had activated the call light system three times and the resident wanted the light left activated until [the CNA] could find additional help with the transfer.” The Certified Nursing Assistant stated that “she informed the resident that she knew the resident needed help and then it turned into an argument.” At that point, the CNA “moved the call light out of [the resident’s] reach and thought at the time it was the right thing.”
As a part of the investigation, it was noted that the actions of the nursing staff at Kahl Home for the Aged and Infirmed failed to follow their own 05/01/2016 Abuse Policy that provides guidance to the staff that includes:
“When an incident of suspected abuse is witnessed, the staff witnessing the abuse immediately report the incident to their supervisor. The supervisor will immediately begin the investigative process.”
The investigator noted that “the abuse policy failed to direct the staff on protecting the resident during the investigation.”
If your loved one has been victimized by abuse, neglect or mistreatment while residing in any nursing facility including Kahl Home for the Aged and Infirmed, Rosenfeld Injury Lawyers can help. Our Davenport nursing home abuse lawyers can ensure your family receives the financial recompense they deserve for your loved one’s harm.
Contact our Scott County elder abuse law firm at (888) 424-5757 today for your free, no obligation consultation. No upfront fees or retainers are required.