Articles Posted in Nursing Home Injuries & Neglect

For years, a crisis has been brewing in the nursing home industry where certified nursing assistants have received low wages and poor/no benefits while providing care to their residents. Many of these nursing assistant jobs require the employee to work erratic hourly schedules for poor benefits, little pay, and usually no opportunity to advance in their career. These jobs have been associated with high injury rates and high turnover.

Approximately 50% of all nursing assistants in the United States live well below the federal poverty level. Low pay often results in the need to work longer hours, which could cause fatigue and place the resident’s health in danger. The problem with underpaying and understaffing is likely to increase significantly in the years ahead, as the last of the baby boomers enter their retirement years, and the need for additional nursing home beds rises.

According to the US Bureau of Labor, the number of nursing home workers across America has doubled over the last decade with many more jobs likely available by 2024. Statistics show that the population of Americans over 85 years old will likely be doubled by 2030 where most will require some level of professional skilled nursing care at a facility or in their home.

The Illinois Department of Public Health (IDPH) conducts regular investigations, surveys and inspections of Nursing Facilities, Assisted Living Homes and Rehabilitation Centers statewide throughout the year. The efforts of the surveyors and inspectors can quickly identify any violation of regulations as outlined by the Nursing Home Care Act. When surveyors identify a deficiency or violation, state and federal nursing home regulators can take quick action to impose severe penalties in monetary fines.

The Public Health Department routinely publishes their publicly available findings online through Quarterly Nursing Home Reports with detailed descriptions of serious problems, violations, and deficiencies. During the first quarter of 2018, surveyors found numerous serious deficiency and violations at the facility’s listed below. Each one was cited for multiple Type A (severe violations) and Type AA (extreme violations) that resulted in fines that ranged from $12,500-$50,000. These facilities include:

Aperion Care Oak Lawn

The Illinois Department of Public Health (IDPH) conduct routine inspections, investigations, and surveys of all nursing homes, rehabilitation centers, and assisted-living facilities throughout the year across the state. The inspectors typically arrive at the facility unannounced to determine the level of care every resident is being provided and identify any violation of regulations as outlined by the Nursing Home Care Act. When surveyors find a deficiency or violation, federal and state nursing home regulators usually take quick action to enforce regulations and impose severe penalties in monetary fines.

The dedicated nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC remains committed to posting publicly available information so families can make a fully decision about where to place a loved one who requires the highest level of skilled nursing care. If you suspect that your loved one was abused, mistreated or neglected in an Illinois nursing home, we encourage you to contact us today to schedule a free, initial consultation with our experienced attorneys to discuss your legal options and rights. We provide every client a “No Win/No-Fee” Guarantee, meaning you pay us only when, and if, our law firm is successful in resolving your case.

The Public Health Department makes their findings publicly available online through Quarterly Nursing Home Reports. These reports include detailed descriptions of serious deficiencies, violations, and problems. During the second quarter of 2018, surveyors found numerous serious violations and deficiencies at the nursing homes listed below. Each of these nursing centers were cited for multiple Type A (severe violations) or Type AA (extreme violations) that resulted in fines that ranged from $25,000-$50,000. These nursing homes include:

Rockford, Illinois – The quarterly report released by the IDPH (Illinois Department of Public Health) in the fall of 2017 revealed that Forest City Rehab & Nursing Center was cited for multiple violations. The nursing facility is located at 321 Arnold Ave. in Rockford. The report revealed that the facility was fined $29,400 for one Type A violations and two Type B violations. Type A and AA violations are the most serious violations that could or did result in a resident’s death.

The violations were identified in two different state surveys conducted in June and July 2017. In a summary statement of deficiencies dated July 18, 2017, the state investigator noted that the “facility failed to administer medications in a manner to avoid a significant medication [mistake] that resulted in [the resident] receiving [four other residents’] opioid medications.”

A Horrific Medical Administering Mistake

The Illinois Department of Public Health (IDPH) performs routine investigations and surveys on nursing facilities throughout the state. Their efforts help to identify any nursing facility, Rehabilitation Center or Assisted Living Home that has violated regulations according to the Nursing Home Care Act. When violations are identified, federal and state nursing home regulators can impose severe fines and penalties.

The Illinois Public Health Department publishes the data to inform the public Through a Released Quarterly Nursing Home Report. This publicly available information details inspections, investigations, and surveys. The current Nursing Homes and Rehabilitation Center throughout Illinois that were recently cited during the last quarter of 2017 are listed below. These facilities include those cited with Type A (severe violations) and Type AA (extreme violations) that resulted in fines that ranged from $12,500-$50,000. These facilities include:

Aperion Care Bloomington

July – September 2017 Quarterly Illinois Nursing Home Report

The Illinois Department of Public Health (IDPH) conducts routine surveys and investigations on nursing homes to determine if any nursing home, rehabilitation center, or assisted living facility has violated regulations in the Nursing Home Care Act. Any serious violation of State and Federal regulations could result in severe penalties and fines.

Please find the report for the Third Quarter here.

Nursing facilities that are found guilty of numerous breaches of health code and misconduct that places patients at risk of harm are often classified as special focus facilities and monitored more closely to make sure that they change their policies. Unfortunately, the changes are usually short lived and the negligent nursing homes have a way of returning to their original habits the moment they escape the scrutiny of the government agencies keeping them in check. What must be done to finally secure the wellbeing of our loved ones and to hold nursing centers to account when their actions harm other people?

How Facilities are Added and Removed from Special Focus Consideration

It is seemingly impossible for state and federal health departments to keep tabs on every single nursing home in the United States. This can be shocking when you learn that 92% of nursing homes have committed some sort of infraction since opening their doors. Most of these deficiencies are minor and can be corrected with minimal effort. However, there is a growing number of systemic abuses that can be linked to the prioritization of profit over the needs and interests of patients.

The Illinois Department of Public Health (IDPH) routinely conduct surveys on nursing homes to determine if any facility has violated regulations in the Nursing Home Care Act. The state agency is responsible for certifying skilled nursing homes and ensuring that they remain in compliance with federal and state rules. To keep the public informed, the Public Health Department releases quarterly nursing home reports and publishes the results of inspections and enforcement actions taken against the facility to ensure that residents of the home are receiving quality care in accordance with the 180 regulatory standards.

Please find the report for the First Quarter here.

A representation of Illinois Nursing Homes fined vs those that were not fined.

A nursing home located in Wicker Park, on the West Side of Chicago, has agreed to a settlement of $875,000 after nurses failed to follow doctors’ orders and a patient died. The elderly man who died was provided food that was not permitted in his diet program and was allowed to eat unsupervised, even though he was at high risk of choking. Antonio Mares died on November 9, 2012 when a nursing assistant was unable to properly perform the Heimlich maneuver while he was choking. His family has stated that this case is an example of what happens when there is no oversight over the standards of training for nursing center employees.

Physician’s Orders Reflected Patient’s Special Needs

Antonio Mares was prescribed a diet of mechanical-soft food by his doctor due to medical complications which increased his risk of choking. As he was at an elevated risk, he was also to only be fed while under the supervision of a nurse or nursing assistant. On November 9, 2012, both of these directives were ignored when a certified nursing assistant provided him with a tray of food that did not meet his dietary specifications and then proceeded to leave him to eat unsupervised.