State and federal regulatory agencies strictly enforce procedures and protocols on handling cases and allegations of abuse in nursing facilities nationwide. These protocols are designed to provide protection to victims of assault and abuse and ensure that the investigation into the alleged incident has been completed comprehensively. Unfortunately, the Merrillville elder abuse attorneys at Rosenfeld Injury Lawyers have represented many nursing home residents who are victims of abuse, sexual assault and mistreatment by caregivers, other residents, and visitors.Lincolnshire Health and Rehabilitation Center
Lincolnshire Health and Rehabilitation Center is a for-profit 100-certified bed Medicare/Medicaid-approved facility providing nursing services to residents of Merrillville, Lake County, Indiana and Cook County, Indiana. The facility is located at:
8380 Virginia St.
Merrillville, Indiana 46410
In addition to providing around-the-clock skilled nursing care, Lincolnshire Health and Rehabilitation Center also offers:
- Cardiac care
- Wound care
- Pain management
- IV therapy
- Stroke recovery
- Respite care
In an effort to maintain current publicly available information, state and federal nursing home regulatory agencies routinely update their database systems to reflect the entire history of opened investigations, filed complaints, safety concerns and health violations of all facilities nationwide. The information can be found numerous on sites including Medicare.gov.
Currently, Lincolnshire Health and Rehabilitation Center maintains an overall two out of five available star rating in the Medicare comparative analysis star rating summary system. This includes four out of five stars for quality measures, three out of five stars for staffing issues and two out of five stars for health inspections. Our Merrillville nursing home neglect attorneys have found numerous complaints and safety concerns involving this facility that include:
- Failure to Report and Investigate Any Act or Allegation of Abuse, Mistreatment or Neglect of Residents
In a summary statement of deficiencies dated 10/08/2015, a complaint investigation was opened against the facility for its failure to "immediately report an allegation of abuse to the Administrator related to an allegation of sexual abuse.”
The state investigator interviewed the allegedly assaulted resident at 10:49 AM on 10/07/2015 that revealed “one of the boys try to get in bed with me. She indicated this occurred eight weeks no and the boy had touched her personal area. She indicated it happened again, the next night.” The investigator reviewed the resident’s records later that morning at 11:15 AM that revealed that the resident “was on Hospice services.” The resident’s 08/21/2015 MDS (Minimum Data Set) Assessment indicated that the resident’s “cognition was intact” but, requires extensive dependent assistance on staff for all ADLs (activities of daily living).
As a part of the investigation, the 10/30/2015 1:42 PM Event Note indicated that “the resident had reported to a Hospice volunteer [that] a white male failed to conduct themselves in accordance with the facility’s policy.” On 10/05/2015, “it was reported to the Administrator the volunteer from the Hospice Company reported that this resident had reported to her that every week a white male comes into her room and asked her to comb his private area. An investigation was initiated by the Administrator [who was] unable to substantiate the allegation of abuse.”
The facility received “a fax from the Hospice Company dated 09/30/2015 [that] indicated: Volunteer Visit Note: Not completely sure she is hallucinating. Told me a white man comes in her room once a week and make her ‘comb his privates’. [Two days earlier on] 09/28/2015.
The hospice services failed to follow established procedures and protocols and nursing home laws requiring all “alleged violations involving mistreatment, neglect, or verbal, mental, sexual, and physical abuse [be reported] to the Nursing Facility Administrator within 24 hours [after] becoming aware of the alleged violation.”
- Failure to Develop, Implement and Enforce Policies to Prevent Mistreatment, Neglect or Abuse of Residents
In a summary statement of deficiencies dated 10/08/2015, the state investigator noted the facility’s failure “to ensure the facility’s Abuse Policy was followed, related to a Volunteer with a contracted agency [...and the failure] to report an allegation of sexual abuse immediately to the facility’s Administrator.”
The state investigator noted that the actions by Lincolnshire Health and Rehabilitation Center failed to follow the facility’s August 2008 policy titled: Reporting Abuse to Facility Management that reads in part:
“It is the responsibility of our employees, visitors to properly report any incident or suspected incident of neglect or resident abuse to facility management. [All employees and visitors] must immediately report any suspected abuse or allegation to the Director of Nursing Services/Administrator. Any staff member or person affiliated with the facility shall immediately report, or cause a report to be made of, the mistreatment or offense.”
If your loved one has been abused or mistreated while residing at any nursing facility, including Lincolnshire Health and Rehabilitation Center, Rosenfeld Injury Lawyers can take immediate legal action on your behalf. Our Lake County elder abuse lawyers can investigate your case and file a claim for compensation against all parties responsible to ensure you receive the financial recovery you deserve.
To successfully resolve your case for compensation, contact our Merrillville Indiana nursing home abuse law firm today at (888) 424-5757 and speak with one of our attorneys in a no obligation, free consultation. Our law firm accepts all nursing home abuse and mistreatment cases through contingency fee agreements to avoid the need for any upfront payment.