Physical abuse of a nursing home resident by caregivers is a serious problem in Illinois. Because of that, federal and state nursing home regulatory agencies have developed strict protocols on how the nursing staff and Administrator must handle any incident or allegation of abuse. Unfortunately, not all nursing facilities follow these procedures and protocols, which could place the victim in immediate jeopardy and expose them to repeated assault. Rosenfeld Injury Lawyers provide legal representation to abused residents of Illinois skilled nursing homes like Newton Care Center.
Newton Care Center
This Center is a ‘for-profit’ Nursing Facility providing cars and services to residents of Newton and Jasper County, Illinois. The Medicare/Medicaid-accepting 57-certified-bed Nursing Home is located at:
300 S Scott Street
Newton, IL 62448
In addition to providing long-term care and skilled nursing care, the facility also offers adult care, hospice care, respite care, Rehab-to-Home options and physical/occupational/speech therapies.
Newton Nursing Home Resident Safety Concerns
To ensure the families are fully informed of the provided care that nursing home offers in their community, the federal government and state of Illinois routinely update their completed list of safety concerns, health violations, filed complaints and opened investigations of Homes nationwide. This information can be used to make an informed decision before placing a loved one in a facility.
Currently, Newton Care Center maintains an overall three out of five available star rating in the Medicare rating system compared to all other facilities nationwide. This includes four out of five stars for health inspections, three out of five stars for staffing concerns and one out of five stars for quality measures. The Jasper County nursing home neglect attorneys at Rosenfeld Injury Lawyers have located safety concerns at this nursing home that include:
- Failure to Develop, Implement, and Enforce Policies Involving Abuse and Neglect
In a summary statement of deficiencies dated 08/11/2016, a notation by a state investigator made a reference of the facility’s failure to “timely report an allegation of abuse to the Administrator.” The failure involved one resident at the facility “reviewed as a part of abuse and prohibition review.”
The deficient practice was first noted in the state investigator’s findings after reviewing the facility’s 12/29/2015 Abuse Investigation that documented a Certified Nursing Assistant (CNA) “was feeding [the resident] supper on 12/28/2015 when [the resident] turned away from [the CNA who then grabbed the resident’s] chin and turned it back so she could continue feeding her. Two Certified Nursing Assistants “reported this incident to the Administrator the next day on 12/29/2015 at 10:00 AM.”
The Administrator began the investigation that day and was interviewed at 10:00 AM on 08/10/2016 who stated that “she started the investigation as soon as [both Certified Nursing Assistants] reported it the next day and [the alleged assaulting CNA] quit her job when she was questioned about the incident with [the resident].”
The actions of the nursing staff in failing to immediately report the incident of abuse did not follow the facility’s 08/10/2011 policy titled: Abuse Policy that reads in part:
“It is the responsibility of our employees… To promptly report an incident, suspected incident, or allegation of neglect or resident abuse… To facility management.”
“Any individual observing an incident of resident abuse are suspecting resident abuse must immediately report such an incident to a nurse in charge or to the management.”
- Failure to Follow Effective Hiring Procedures and Perform Employee Fingerprint Criminal Background Checks in Accordance with the Law
In a summary statement of deficiencies dated 07/02/2015, an Illinois state surveyor performed an annual licensure and certification survey, noting the facility’s failure to “operationalize the Hiring Procedure and Policy related to employee fingerprint criminal background checks by not initiating a fingerprint background check within the first 10 days of hire.” The investigator also noted the failure of the staff to not suspend a newly hired employee “who failed to be fingerprinted within the allotted timeframe.” These failures had “the potential to affect all 46 residents at the facility.”
Failure to perform fingerprint background checks within a timely manner failed to follow the facility’s 06/20/2013 Newton Rest Haven Procedure and Policy Related to Abuse History that reads in part:
“All employees who have not had fingerprinting must have one done within 10 days of the first day of employment… or will be suspended”
Newton Illinois Nursing Home Abuse Lawyers
If you and your family suspect that your loved one was the victim of abuse or mistreatment by visitors, caregivers, employees or other residents while a patient at Newton Care Center, contact Rosenfeld Injury Lawyers now. Allow our seasoned Newton attorneys to file your claim for compensation against all those responsible for causing harm to your loved one. Our years of experience can ensure a successful financial resolution to make sure your family receives the recompense they deserve.
We urge you to contact our Jasper County elder abuse law office at (888) 424-5757. Schedule your appointment today to speak with one of our experienced lawyers for your free comprehensive case review. Make no upfront payment for our legal fees which are paid only after we have successfully resolved your case by winning at trial or negotiating an acceptable out of court settlement on your behalf.